keeper in the parish or place where such chimney sweeper shall reside, and be rated to the relief of the poor of such parish, or assessed for payment of taxes in such place. 4 & 5 W. 4, c. 35, s. 3. Nor shall any such person have more than four apprentices, at one and the same time. Id. s. 14.

And to prevent the act from being evaded, it is enacted that no person in the trade of a chimney sweeper, shall hire, use, retain or employ any child under the age of fourteen years, other than an apprentice, bound according to the provisions of or previous to the passing of this act, and also other than such boy or boys as shall be on trial with any master or mistress chimney sweeper, as hereinafter provided; and every such person or persons, so hiring, using, retaining or employing any such child, other than an apprentice as aforesaid, or boy on trial as aforesaid, shall for every such offence forfeit any sum not exceeding 101. nor less than 40s." Id. s. 7.

Who may be bound.] The child must be ten years old at least; Id. s. 2; otherwise the indenture shall be void. Id. s. 4. And the age of every such child shall be inserted in such indenture, being taken truly from the copy of the entry in the register book, wherein the time of his being baptized shall be entered (where the same can or may be had); and where no such copy can be had, the justices, whose consent to the binding shall be required, shall as fully as they can inform themselves of his age, and from such information insert the same in the indenture. Id. s. 10.

Previous trial.] Before the boy is bound, the intended master may receive him into his house upon trial, for a time not exceeding two months, and employ him in ascending chimnies, and in the other work of an apprentice; but before the commencement of such trial, the boy, (being then of ten years of age or more), with his parent or next friend or parish officer, and the intended master, shall go before two justices of the peace of the county, riding, city, borough, division or place where the intended master shall reside, and shall enter and register with the clerk of the said justices the names and residences of the master, of the boy, and of the parties accompanying him, the boy's age, and the intended period of trial, which shall be deemed to commence on the day next following. Id. s. 12. No master shall have more than two boys on trial, at the same time. Id. s. 14.

The binding, &c.] Every binding of a child to a chimney sweeper, whether by a parish officer, or by the parent or next friend of the child, and every assignment of such apprentice, shall take place by and with the consent of two justices of the peace acting in or for any county, &c. such consent to be,

signified by such justices in writing under their hands indorsed upon the indenture or assignment; otherwise it shall be void. Id. s. 9. If the boy have been upon trial, as above mentioned, the justices shall ascertain from him whether he is willing and desirous to follow the business of a chimney sweeper, and to be bound to such master or mistress; and if he be unwilling to be bound, the justices shall refuse to sanction or approve of the binding. Id. s. 13.

The indenture, and the indorsement of the consent of the justices, must be in the forms given in the schedule to the act Id. s. 9. Printed forms of the indenture may be had of the Publishers of this work. The form of the indorsement is thus:

We, G. H. and J. K. two of Her Majesty's justices of the peace, acting in and for the county, [riding, city, town, borough, division, or place, as the case may be], of having inspected and examined the within named N. O. [the boy to be placed or assigned over], and it having been proved to our satisfaction that he is of the age of 10 years and upwards, do hereby consent to and approve of his being bound [or assigned over] as an apprentice to the within named L. M. [the master or mistress], according to the terms and stipulations expressed in the within written indenture.

Service, &c.] Any person requiring or compelling any apprentice or person of any description to ascend a chimney flue, for the purpose of extinguishing fire therein, shall be held and adjudged to be guilty of a misdemeanor, and be liable to be proceeded against accordingly." Id. s. 8.

No master or mistress chimney sweeper, nor the journeyman, servant or apprentice of such chimney sweeper, nor any person acting as a chimney sweeper, shall call or hawk the streets in any city, town or village, or elsewhere, for employment in his or her trade as a chimney sweeper; and if any person, chimney sweeper, journeyman, servant or apprentice shall offend herein, he shall be subject and liable for every such offence to forfeit and pay a sum not exceeding 40s." Id. s. 15.

The master shall provide each of his apprentices under 14 years of age, "with a leathern cap, to be worn by such apprentice when out upon his duty, having a brass plate set or affixed on the front thereof, with the name or names of the master or mistress engraved thereon, as also the name of the apprentice, and the date of his indenture of apprenticeship; and every master or mistress neglecting to provide each such apprentice in his or her service, being under the age of 14, with such leathern cap and brass plate, so affixed and engraved as aforesaid, shall for every such offence forfeit any sum not exceeding 51. nor less than 40s. Id. s. 6.

No chimney sweeper shall let out to hire, by the day or

otherwise, to any other person, for the purpose of chimney sweeping, any child already an apprentice, or that shall hereafter be bound an apprentice under the provisions of this act. Id. s. 11.

Penalties how recovered.] Convictions for offences against this act, are in the common form. They must be by two justices of peace. Id. s. 19. The penalty, with costs, shall be levied by distress, "by warrant under the hands and seals of two or more justices of the peace acting for the county, riding, city, town, borough, division or place where the offence, neglect or default shall happen:" to be paid, one half to the informer, the other to the overseers of the parish, &c. where the master shall dwell or inhabit, or if there be no overseer, then to Her Majesty. Id. s. 20. Or the justices, by whom the party is convicted, may adjudge that he pay the penalty and costs, either immediately, or within such time as they shall think fit; and in default of payment," he shall be imprisoned in the common gaol or house of correction, (with hard labour), as to the said justices shall seem meet, for any time not exceeding two calendar months, where the amount of the sum forfeited or penalty imposed, together with the costs, shall not exceed 5., and for any term not exceeding three calendar months, in any other case; the commitment to be determinable in each of the cases aforesaid, upon payment of the amount and costs. Id. s. 21.

Appeal.] Where the sum adjudged to be paid on any conviction shall exceed 57., or the imprisonment adjudged exceed one calendar month, the party may appeal to the next general or quarter sessions which shall be holden not less than 12 days next after the conviction,-giving to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after the conviction, and seven clear days at least before the sessions; and he shall either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into, shall liberate such person if in cus. tody. Id. 8. 24.

The sessions shall hear and determine the appeal, and make such order therein, with or without costs to either party, as to the court shall seem meet; " and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according

to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment." Id. s. 24.

No convictions, or adjudication made on appeal thereupon, shall be quashed for want of form, or be removed by certiorari or otherwise; "and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same." Id. s. 25.

This act is in force until the 1st January, 1840, and from thence until the end of the next session of parliament. Id. s. 26.

5. Complaints by masters of their apprentices.

As to apprentices generally, under 5 El. c. 4.] If any apprentice do not his duty to his master, then the said master being aggrieved, and having cause to complain, shall repair unto one justice of the peace within the said county, or to the mayor or other head officer of the said city, town corporate, market town, or other place where the said master dwelleth, who shall by his wisdom and discretion take such order and direction between the said master and his apprentice, as the equity of the cause shall require. 5 El. c. 4, s. 35. But "if for want of good conformity in the said master" the justice or mayor cannot compound and agree the matter between him and the apprentice, he may take bond from the master to appear at the next sessions; and upon his appearance, and hearing the matter before the justices, or the mayor, &c. there, the said justices or any four of them, (one being of the quorum), or the mayor or head officer with three of his brethren, if they think it meet to discharge such apprentice from his apprenticeship, may, by writing under their hands and seals, pronounce and declare that they have discharged the said apprentice from his apprenticeship; and the cause thereof; which writing being enrolled, shall be a sufficient discharge of the apprentice; (see R. v. Hales Owen, 1 Str. 99); and if the default shall be found in the apprentice, then the said justices or mayor, &c. "shall cause due correction and punishment to be ministered unto him, as by their wisdom and discretions shall be thought meet." Id.

This statute extends to all kinds of apprentices, R. v. Collinborn, 2 Ld. Raym. 1410, and to every kind of bad and disorderly behaviour on the part of the apprentice; Semb. See Hawkesworth v. Hillary, 1 Saund. 314; and for misbehaviour of the apprentice, the justices may at their discretion punish him, or discharge him, per cur. Id., or perhaps both. Where the boy proved to be an idiot, also, it was holden to be a good ground for discharging him; Anon, 1 Bott. 669; but it is no

ground that the apprentice is afflicted with a disease, although supposed to be incurable. R. v. Hales Owen, 1 Str. 99.

The sessions have an original jurisdiction in this case, R. v. Johnson, 1 Salk. 68. R. v. Gill, 1 Str. 143. R. Davie, 2 Str. 704. Arglis v. Heasman, Ca. temp. Hardw. 101, notwithstanding the statute would seem to imply that the application should be made to a single justice or mayor, &c. in the first instance. And they may adjudicate upon the matter, although the master do not appear. Ditton's case, 2 Salk. 490. But the application to the sessions, in the first instance, is very rarely had recourse to in practice, because the master in most cases can have as satisfactory and a much readier remedy, before two justices out of sessions, as we shall see presently; and an application to a single justice or mayor out of sessions, under this statute of Elizabeth, is seldom resorted to, on account of the very imperfect power given to him, he having little more authority than merely to arbitrate between the parties.

The like under stat. 20 G. 2, c. 19, &c.] Two or more justices, [or one justice, 4 G. 4, c. 29, s. 1], upon application or complaint upon oath by any master or mistress, [or by his or her steward, manager, or agent, 4 G. 4, c. 34, s. 1.] against any apprentice put out by the parish, or any other apprentice upon whose binding out no larger sum than [251. 4 G. 4, c. 29, s. 1] was paid, touching or concerning any misdemeanor, miscarriage, or ill-behaviour in such his or her service, may hear, examine, and determine the same, and puuish the offender by commitment to the house of correction, there to remain and be corrected and held to hard labour for a reasonable time, not exceeding one calendar month, or otherwise by discharging such apprentice by warrant or certificate under their hands and seals. 20 G. 2, c. 19, s. 4. It is not necessary in this case that the master, &c. should make oath; it is sufficient if he make the complaint, and support it by the oath of another person, for he himself may know nothing of the matter. Finley v. Jowle, 12 East, 248.

The commitment, after the usual direction to the constable and keeper of the house of correction, may be thus: Whereas complaint hath been made to us, two of Her Majesty's justices of the peace in and for by A. B. of carpenter, [manager or agent for one C. D. of builder], on the oath of that E. F. an apprentice to the said - -, and upon whose binding out no larger sum than 251. of lawful British money, to wit, the sum of £ only, was paid, did on [here describe the "misdemeanor, miscarriage, or ill-behaviour."] And the said parties having appeared before us on ——— at we, the said justices, having heard and examined the matter of the said complaint, and what each of the said parties had to say in that behalf, and it manifestly appearing to us that the said E.F.

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