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one, for he rannot be admitted to liis oath ; nor fhall tlic 

 defendant, where tlie plaintiff is an infant, wage his law. 

 But a fen>e-covert, when joined with her hufband, may be 

 allowed to wage her law ; and an alien ftiall do it in his own 

 language. It is, moreover, a rule, that where a man is 

 compellable by law to do any thing, by whicli he becomes 

 creditor to another, the defendant in that cafe (hall not be 

 admitted to wage his law ; for then it would be in the 

 power of any bad man to run in debt firft, againft the in- 

 clinations of his creditor, and afterwards to fwear it away. 

 But where the plaintiff hath given voluntary credit to the 

 defendant, there he may wage his law. In no cafe where 

 a contempt, trefpafs, deceit, or any injury with force is 

 alleged againft the defendant, is he permitted to wage his 

 law. Executors and adminiftrators, when charged for the 

 debt of the deceafed, fhall not be admitted to wage their 

 law. The king alfo has his prerogative ; for, as all wagers 

 of law import a refleftion on the plaintiff for difhonefty, 

 therefore there (hall be no fuch wager on aftions brought 

 by him ; and this prerogative extends and is communicated 

 to his debtor and accomptant ; for, on a writ of quo minus, 

 in the exchequer for a debt on fimple contraft, the defendant 

 is not allowed to wage his law. 



Notwithftanding all the reftriftions to which wagers of 

 law were fubjeft, it was at length confidered, that it threw 

 too great a temptation in the way of indigent or profligate 

 men ; and, therefore, by degrees new remedies were <le- 

 vifed, and new forms of adlion were introduced, in which 

 no defendant is at liberty to wage his law ; fo that wager of 

 law is quite out of ufe, being avoided by the mode of bring- 

 ing the aAion ; but ftill it is not out of force. And, there- 

 fore, when a new ftatute inflifts a penalty, and gives an 

 aftion of debt for recovering it, it is ufual to add, in which 

 no wagtr of law fhall be allowed : otherwife a hardy delin- 

 quent might efcape any penalty of the law, by fwearing he 

 had never incurred, or elfe had difcharged it. Blackft. 

 Comm. book iii. 



Wager of Battle. See Battle and Duel, &c. 



Wager'j Straits, or River, in Geography, a river of 

 North America, which empties itfclf into Hudfon's bay, 

 N. lat. 65° «'. W. long. 87°. 



WAGES, the plural of the obfolete fmgular "wage, 

 denote the pay or recompcnce given, according to cullom, 

 (lipulation, and enaftment of law, for any kind of work or 

 fervice. ( See Labouii, Laboukek, and Servant.) As 

 difputes have often occurred between mafters and fervants, 

 the law has interpofcd to fix the wages of tliofe that are 

 employed in various departments of fervice. Accordingly 

 by ^ Eliz. c. 4. the jullices of every (hire, riding, and hberty, 

 or the major part of them, the (hcrifT, and every mayor, and 

 other head officer within any city or town corporate, in 

 which is any juftice of the peace witliin the limits of the faid 

 city or town corporate, andof the faid corporation, (hall yearly 

 in Eailer fcffions, or within fix weeks afterward, affemble fuch 

 difcreet perfons as they (hall think meet, and having rcfpcft to 

 the plenty or fcarcity of the time, and other circumilances, 

 fhall have authority to limit, rate, and appoint the wages as 

 well of fuch artificers, handicraftfmen, hufbandmcn, or any 

 other labo\ircr, fervant, or workman, whofe wages in lime 

 paft have been by any law rated and appointed, as alfo the 

 wages of all other labourers, artificers, workmen, or appren- 

 tices of hufbandry, which have not been rated, as they (hall 

 think meet by their difcretions, to be rated, limited, or 

 appointed, by the year, or by the day, week, month, or 

 otherwife, with or without meat and drink, and what wages 

 every workman or labourer (hall take by the great for 

 mowing, reaping, or thrafhing of corn and grain, or for 



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mowing and making of hay, or for ditching, paving, rail- 

 ing, or hedging, by the rod, perch, lugg, yard, pole, rope, 

 or foot, and for any other kind of reafonable labour or fer- 

 vice. Alfo, by I Jac. c. 6. the juftices, or major part of 

 them, refiant in any riding, liberty, or divifion, where the 

 fclTions are feverally kept, (hall have power to rate the 

 wages within fuch divifions, as if the fame were done in the 

 general fcflions of the county ; and by the faid ftatute, the 

 faid aft of 5 Eliz. (hall extend to the rating of wages of all 

 labourers, weavers, fpinllers, and workmen or workwoman, 

 whatfoever, either working by the day, week, month, or 

 year, or taking any work by the great or otherwife. 



If any juftice refiant within the county, or mayor, fhall 

 be abfent at the rating of wages, and not hindered by fick- 

 nefs or other lawful caufe to be allowed by the juftices then 

 affembled for rating of wages, upon the oath and affidavit of 

 fome credible perfon, he fhall forfeit to the king 10/. to be 

 recovered in the feffions or other court of record, by indift- 

 mcnt or otherwife. 



And the juftices ftiall yearly, between September 29 and 

 Decembes 25, and between March 25 and June 24, make 

 fpecial and diligent enquiry of the good execution of this 

 ftatute, and punifh defaulters ; and fhall have for every day 

 that they fit about the execution thereof (not exceeding 

 three days at a time) ^s. each out of the forfeitures due to 

 the king. 



By the aforefaid aft of 5 Eliz. the rates were to be cer- 

 tified into the chancery ; but by the I Jac. c. 6. they need 

 not to be certified into the chancery, but (hall be kept 

 amongft the records of the county or town corporate. 



And after the faid rates are made and engrolTed in parch- 

 ment under the hands and feals of the perfons having autho- 

 rity to rate the fame, the fheriff or mayor may caufe pro- 

 clamation thereof to be made in fo many places as to them 

 fhall feem convenient, and every perfon (hall be bound to 

 obferve the fame. 



If any perfon upon the proclamation publifhed (liall di- 

 reftly or indireftly retain or keep any fervant, workman, or 

 labourer, or (hall give any more or greater wages, or other 

 commodity, than (hall be fo appointed in the faid proclama- 

 tio[i ; he Ihall on conviftion before any of the juftices or 

 other head officers above mentioned be imprifontd for ten 

 days without bail, and fliall forfeit 5/. ; half to the king, 

 and half to him that (liall fuc before the faid juftices in their 

 felfions. 



But yet mafters may reward a well-defcrving fervant over 

 and above his wages, according as he (hall defcrvc, fo ft be 

 not by way of promife or agreement upon his retainder. 



And every perfon that fiiall be fo retained and lake wages 

 contrary to the faid ftjtute of the 5 Eliz. or to the faid pro- 

 clamation, and fhall be thereof conviftcd before the juftices 

 aforefaid, or any two of them, or before the mayor or other 

 head officers aforefaid, (hall be imprifuncd for 2i days with- 

 out bail. 



Every retainer, promife, gift, or payment of wages, or 

 other thing contrary to the faid aft, and every writing and 

 bond to be made for that purpofe, (hall be void. 



If any clothier, or other, (hall refnfc to pay fo much wages 

 to their weavers, fpinfters, workmen, or workwomen, as 

 fhall be rated, and be conviftcd thereof by coafelfion, or 

 oath of two witneftes, at the afTizes, or felfions, or before 

 any two juftices (i Q.); he (hall forfeit icw. to the party 

 grieved, to be levied by didrcfs and fale. 



All artificers and labourers, being hired for wages by the 



day or week, fhall, betwixt tlie niidjl of March and midll of 



September, be and contmue at their work from five in the 



morning till after fevcn at night (except in the timcof break- 



4 K i faft, 



