Dobbin v Aikin

• Jurisdiction: Ireland
• Judgment Date: 04 November 1859
• Date: 04 November 1859
• Court: Court of Common Pleas (Ireland)

Common Pleas.

DOBBIN

and

AIKIN.

Cundell v. DawsonENR 4 C. B. 376.

Little v. PooleENR 9 B. & C. 192.

Cope v. RowlandsENR 2 M. & W. 157.

Ferguson v. CristallENR 5 Bing. 305.

Tyne v. Thomas M'Clel. & Y. 119.

Watts v. FriendENR 10 B. &C. 446.

181) COMMON. LAW REPORTS. T. 180. Con&Ma Mai. DOBBIN v. , Nov. 4. Where a ticket 'Tai's was an appeal Wider the 20 & 21 Vic.) c. 43, s. 2, from under the Sand 4 Vic., c. 91 decision of the Magistrates of the Petty Sessions of Newtownards, in (Linen Act), contained a the county of Down. It appeared, by the Special case, that the special clause that the whole respondent obtained from the appellant (who is the agent in the ofthe cloth m be re- town of Newtownards for J. J. Mair and Co., cotton manufacturers must turned within in Glasgow) a muslin web to be woven, on certain specified terms five weeks from date, or set forth in what is called " the ticket " which the manufacturer Is. 6d. to be deducted for or agent is bound by the Linen Act, 3 & 4 Vic., c. 91, s. 16,* every week longer kept :- to deliver to every weaver, with the warp, at the time it is Held, that though such given out to be woven. The summons was for 6s. 41, balance an agreement was not in of wages due to the respondent for weaving a web. Of this sum terms contem plated by the Is. 4d. was admitted to be due, and was duly tendered to com- 16th section , of the Act, it Plainant, but the remaining 5s. was kept as a fine or set-off for was not oppos- detention of work, being a halfpenny per ell on the whole web ed to its policy ; and that where of 120 ells. The ticket produced was not in exact conformity with the employer had been sum- this section of the Act, the price having been named by the ell moned before the Petty Ses- instead of the yard ; but, as no exception was taken to it on that sions for the wages stipula- score, the Magistrates confined themselves to the point in dispute. ted in the tick et, he was The time allowed for finishing the web was five weeks. It was, entitled to set off the penalty however, nine weeks and three days before the last cut or portion for delay. was brought in ; so that, allowing eight days of grace, according to the 18th section of the Act, the web was detained above three weeks beyond the stipulated time. The Magistrates were unsni * NOTE.-3 & 4 Vic., c. 91, s. 16:-" That with every warp given out by a manufacturer or agent, to be woven, there shall be delivered a note or ticket, signed by such manufacturer or...