ANNO TRICESIMO NONO
GEORGII III. REGIS.
C A P. LVI.
An Act to explain and amend the Laws relative to Colliers in that
Part of Great Britain called Scotland. [13th June 1799.]
WHEREAS, before the passing of an Act of the Fifteenth Year of His present Majesty, intituled, An Act for altering explaining, and amending several of the Acts of the Parliament of Scotland. respecting Colliers, Coal Bearers, and Salters, many Colliers, Coal Bearers, and Salters, were bound for Life to, and transferrable with, the Collieries and Salt Works where they worked; but by the said Act their Bondage was taken off, and they were declared to be free, under the Conditions therein mentioned; notwithstanding which, many Colliers and Coal Bearers still continue in a State of Bondage, from not having complied with the Provisions, or from having become subject to the Penalties, in the said Act: May it therefore please Your Majesty that it may be enacted; and be it 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, from and after the passing of this Act, all the Colliers in that Part of Great Britain called Scotland, who were bound Colliers at the Time of passing the said Act, shall be and they are hereby declared to be free from their Servitude, and in the same Situation in every Respect as if they had regularly obtained a Decree in the Manner directed by the said Act.
II. And whereas by an Act of the Scots Parliament, videlicet, of the Twenty-second Parliament of King James the Sixth, (Twenty-eighth of June One thousand six hundred and seventeen), Chapter Eight, and by another Act of the Scots Parliament, videlicet, of the First Parliament of King Charles the Second, (in January One thousand six hundred and sixty-one), Chapter Thirty-eight, it is enacted, That the Justices of the Peace for the several Counties and Stewartries in Scotland "shall appoint, at the Quarter Sessions to be kept in August and February, the ordinary Hyre and Wages of Labourers; Workmen, and Servants, and who shall refuse to serve upon the Price set down by them, shall be imprisoned and further punished at their Discretion; and to the Effect Servants may be the more willing to obey the Ordinances to be made by the said Justices for the said Fees, the said Justices shall have Power to decern and compel the Master to make Payment of the Fees appointed by their Ordinance, in case the Servants please rather to sue for the same before them than before the Judge Ordinary :" And whereas Doubts have arisen whether the Powers given to the Justices of the Peace by the Two Acts of the Scottish Parliament above recited extend to Colliers; be it enacted and declared, That the said Two Acts of the Scottish Parliament, videlicet, the aforesaid Act of the Twenty-second Parliament of King James the Sixth, (Twenty Eighth of June One thousand six hundred and seventeen), Chapter the Eighth, and the aforesaid Act of the First Parliament of King Charles the Second, (January the First, One thousand six hundred and sixty-one), Chapter the Thirty eight, in so far as the same relate to the fixing and appointing of the ordinary Hire and Wages of Labourers, Workmen, and Servants, do extend to and include Colliers, Coal Hewers, Coal Bearers, and all other Persons of every Description employed at Collieries, in that Part of Great Britain called Scotland; and such and the like Powers and Authorities, Rights, Remedies, and Privileges conferred by these Statutes, relative to the fixing and appointing of the ordinary Hire and Wages of Labourers, Workmen, and Servants, are hereby given, conferred, and granted, and declared to extend and apply to Colliers, Coal Hewers, Coal Bearers, and all other Persons of every Description employed at Collieries, in that Part of Great Britain called Scotland.
III. Provided always, and be it enacted, That such Powers and Authorities shall only be exercised upon the Application of the Party or Parties aggrieved.
IV. And be it enacted, That any Two or more Justices may and shall exercise, upon the like Application so to be made to them, all the Powers and Authorities which are given by the aforesaid Statutes to the said Justices at their Quarter Sessions, in such Manner as is therein provided.
V. And whereas there is a general Practice among the Coal Owners and Lessees of Coal, of advancing considerable Sums to their Colliers, or for their Behoof, much beyond what the Colliers are able to repay; which Sums are advanced for the Purpose of tempting them to enter into or continue their Engagements, notwithstanding the Sums so advanced are kept up as Debts against the Colliers; be it therefore further enacted, That no Diligence or Action shall be competent for any Sum or Sums of Money hereafter to be lent or advanced to Colliers, or other Persons employed at the Collieries as aforesaid, by the Coal Owner or Lessee of any Colliery, or by any other Person or Persons on their Behalf, or for any Debts due by Colliers or other Persons as aforesaid, which shall be acquired by the said Coal Owners or Lessees, or by others on their Account, either previous to their Engagement, or during the Currency thereof, and in view of the same; excepting always such Sum or Sums as shall be advanced to any Collier, or other Persons employed at Collieries as aforesaid, during the Currency of his or her Service, for the Support of his or her Family, in case of Sickness.
VI. Provided always, and be it enacted, that it shall and may be lawful to the Coal Owner or Lessee who shall lend or advance such Sum or Sums of Money, to retain from the Wages of the Colliers or others aforesaid, to whom the same shall be so lent or advanced, One Twelfth Part of the said Sum or Sums Weekly, till the principal Sum or Sums, without Interest, so advanced, be paid up; but declaring, that if the Engagement of such Collier shail expire before the principal Sum or Sums so advanced be fully paid up, the Coal Owner or Lessee who advanced the same shall have Action for the Balance, in the same Manner as if this Act had not passed.
VII. Provided also, and be it enacted, That such Debts as were due by Colliers to their Masters at or before the passing of this Act, shall not be hereby extinguished; and declaring also, that Debts due by Colliers or other Persons as aforesaid, at or before the passing of this Act, to the Coal Owners or Lessees, may be lawfully assigned or transferred to other Coal Owners or Lessees with whom they may afterwards engage, with the Consent of the Debtors themselves; and if assigned with their Consent, then the Debts so assigned shall be as valid and effectual to the other Coal Owners or Lessees, as if this Act had never passed Provided always, That the Vouchers of all Debts due by Colliers to Coal Owners and Lessees of Coal before the passing of this Act, or a List of the same, signed by the said Coal Owners and Lessees, shall be recorded in the Sheriff Courts Books, within Three Months after the passing hereof, for which a Fee of One Shilling shall be paid, and no more; and that all Debts, the Vouchers of which are not so recorded, shall be held to be null and void, and not recoverable in any Court of Law.
VIII. And whereas there have of late been many Attempts to seduce Colliers out of Scotland into Foreign Countries, be it therefore further enacted, That all Persons seducing, or attempting to seduce, Colliers or others aforesaid, from the Kingdom of Great Britain, shall be punished in the same Manner as Persons seducing or attempting to seduce, Manufacturers or other Artizans are punishable by Law.
IX. Provided always, and be it enacted and declared, That no Coal master or Lessee of Coal shall act as a Justice of Peace under this Act.
X. And be it further enacted, That the Laws now in Force against unlawful Combinations of whatever Kind, shall extend to and include Colliers, Coal Bearers, and other Persons employed at Coal Works as aforesaid; and that nothing in this Act contained shall extend, or be construed to extend, to alter or repeal any Part of the Acts of the Parliament of Scotland relative to Colliers, unless in so far as is expressly done by this Act, or by the said Act of the Fifteenth Year of His present Majesty.