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Bayerische

Staat biofothek

München

HARDING and WRIGHT, Printers, St. John's Square, London.

PREFACE.

THE numerous recent prosecutions on the Statute 5 Eliz. c. 4. against persons for exercising trades and manufactures, not having served as an apprentice, and against journeymen for combinations to raise their wages, having called my professional attention to this branch of the law, I have been induced to examine the subject with some attention, and as the result of my investigation may be beneficial to the Public as well as to the Profession, I offer the following pages to their consideration.

In the first chapter, as explanatory of the law upon this subject, I have considered the principle on which the Statute of Elizabeth was founded, and the impolicy of the measure; collecting the observations and opinions of the celebrated authors, Dr. Adam Smith, Hume, Paley, and Malthus, and of the judges, upon the subject.

In the second chapter are practically considered who may be bound apprentice, and to whom. The mode and time of the binding, and the requisites of the indenture. The stamp duty. The counterpart and the enrolment of the indenture.

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In the third chapter the service under the indenture is considered, and the rights and liabilities as well of the master as of the apprentice; the law as to assigning or turning over an apprentice, and the dissolution of the apprenticeship, either by the term expiring-by the apprentice's coming of age-by the bankruptcy or insolvency of the master-by death-by consent-by award -or by order of justices.

The fourth chapter relates to the jurisdiction of justices of the peace and sessions, either to put an end to the contract, or to punish the apprentice, or to direct a return of the premium by the master.

The fifth chapter contains a comprehensive view of the law relating to the freedom of a corporate town, and to setting up in trade and employing others in it, shewing what trades are within the Statute of Elizabeth-what is a using of a trade-what kind of service as an apprentice is sufficient-what are illegal employments of journeymen, and lastly, the modes of proceeding for penalties incurrred under the Statute, or against bye laws. And the work concludes with an Appendix, containing the Statute 5 Eliz. c. 4. and the forms of indentures and proceedings.

Temple, 16th Nov. 1811,

J. CHITTY.

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GENERAL, AND THE IMPOLICY OF THE EXISTING
REGULATIONS.

BEFORE we consider minutely the various legislative provisions relative to apprentices, and which prohibit persons who have not served as such from being employed in trade, it will be proper to take a concise view of the general policy of those regulations, and to point out the injurious consequences which have ensued from their enact

ment.

It is allowed by every writer on political eco- Impolicy of legislative nomy, that the great object of all rational politics interference. is to produce the greatest quantity of happiness in a given tract of country-that this must be effected by increasing the number of the percipients, provided they be comfortably supported—that the way to increase (such number usefully and B

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