Title

Indented services [John Price, engraver, summoned by Raphael Clint, engraver.]

Author

Sydney Gazette.

Source

Sydney Gazette (Sydney)

Details

7 March 1839, page 2, column 2.

Publication date

7 March 1839

Type

News

Language

English

Country of context

Australia

Full text

INDENTED SERVICE - An important case under the Act of 9 Geo. IV. No. 9. came under the consideration of the Police Bench on Tuesday. A person named John Price was summoned under that Act by Mr. Clint, of George-street, engraver, for neglect of duty in hired service. The information set forth that the defendant some time about Christmas was employed working two plates on his own account during the hours when he ought to have been engaged in his (Mr. Clint's) business. It appeared from the evidence that an engagement had formerly subsisted between Mr. Clint and Mr. Austin, the engraver; that agreement was dissolved, and the defendant, to whom had been advanced the sum of £85 for his passage to this Colony, was engaged upon the terms of that agreement, and other conditions then added, as copper-plate engraver, lithographic printer, and draftsman. He was engaged for four years, during which time he was to repay the sum of £85 by weekly instalments. The agreement set forth that in case Price should leave his master's employment, or refuse, or neglect to work, the whole, or any portion of the sum of £85 then remaining unpaid, should be recoverable by Clint. The particular act of negligence complained of by Mr. Clint was, that the defendant had in the Christmas week, during the hours of business, been engaged in engraving two plates on his own account. He had noticed a deficiency in his work, and had complained of it to the defendant, but he had never complained of his negligence when on the particular job which he had neglected in order to work for himself. He had been informed of the defendant's working upon the plates about a fortnight previously by an assigned servant named Johnson. He was aware the defendant was in an ill state of health, which he believed was brought on by working at night for other persons, contrary to his agreement, he being engaged to work for no other person than Mr. Clint. The witness Johnson proved the fact of having seen Price engaged at the plates, and neglecting his master's work, but he could not name the particular day. On cross examination by Mr. Nicholls, who appeared for the defendant, he said, that although the circumstancehadbeen had been known to him six weeks, he had been induced to conceal the matter during that time. On being pressed to tell the nature of the inducement, he said he considered that if he had told, he should have been looked upon with contempt by his fellow convicts. He was asked what induced him to alter his mind, and to acquaint his master ? He, after some hesitation said, the dictates of his conscience had overcome him, on which Mr. Nicholls observed, that at length his conscience had made him a coward, and induced him to turn an honest man. Mr. Nicholls submitted that the defendant could not be looked upon as a mechanic when his work' required more the labour of the mind than of the hands, and he could not therefore come within the meaning of the Act. Mr. Broadhurst for the complainant replied. The Bench were of opinion that the defendant came within the meaning of the Act, but they held that a sufficient case had not been made out, not considering the evidence of Johnson entitled to credit. - Case dismissed. [Sydney Gazette, 7 March 1839, p.2, col.2.]

Last Updated

09 Jun 2024