apprentice be a parish apprentice, the order may, under stat. 32 G. 3, c. 57, s. 11, above mentioned, proceed thus: And we the said justices do further order and adjudge that the said C. D. shall on deliver up to the said E. F. all his clothes and wearing apparel now in the possession and under the control of the said C. D., or in case the said C. D. shall refuse to deliver up the same, then that the said C. D. shall pay unto the said E. F. the sum of - ; and we the said justices do further order and adjudge that the said C. D. shall forthwith pay unto the churchwardens and overseers of the poor of the parish of A. aforesaid (to which parish the said E. F. doth belong), or to some or one of them, the sum of - to be by them or some or one of them applied for the again placing and binding out the said E. F. or otherwise, as by an order in that behalf, to be hereafter made, they shall be ordered and directed, in pursuance of the statute in such case made and provided.] Given under our hands and seals, at —, the ·

day of, &c.

If any person think himself aggrieved by such order, he may appeal to the next general quarter sessions. 20 G. 2, c. 19, s. 5. 32 G. 2, c. 57, s. 12, 14. The order or proceedings however shall not be removed by certiorari. 20 G. 2, c. 19, s. 6.

The stat. 20 G. 2, c. 19, does not extend to the stannaries in the counties of Devon and Cornwall. Id. s. 7.

The like, under stat. 33 G. 3, c. 55.] As many cases, however, might occur, in which it would not be necessary, or indeed beneficial for the apprentice, that he should be discharged from his indentures for the ill treatment complained of, and yet it might be necessary to punish the master, to deter him from a repetition of it, it was enacted by stat. 33 G. 3, c. 55, s. 1, that it shall be lawful for any two or more justices of the peace, assembled at any special or petty sessions, upon complaint made on oath by or on behalf of any apprentice to any trade or business whatsoever, whether bound apprentice by any parish or township or otherwise, provided that not more than the sum of [251. 4 G. 4, c. 29, s. 1], be paid upon the binding of such apprentice, against his or her master or mistress, of any ill usage of such apprentice by such master or mistress, (such master or mistress having been duly summoned to appear and answer such charge or complaint), to impose upon conviction any reasonable fine or fines, not exceeding the sum of 40s., as a punishment for such ill usage.

The penalty may be levied by distress, or for want of distress the master may be committed to the house of correction for a time not exceeding ten days. 33 G. 3, c. 55, s. 1. The penalty, when recovered, to be applied either to the relief of the parish, &c. where the master resides, or to or for the

use and benefit of the apprentice, as a compensation for the injury sustained by him. Id. The master may appeal to the next general quarter sessions, giving ten days' notice. Id. Conviction may be in the ordinary form, describing the offence thus That C. D. of — carpenter, on at

[here describe the ill usage complained of]; he the said E. F. being then and there an apprentice of the said C. D. in his trade and business of a carpenter as aforesaid, [and bound as such apprentice to the said C. D. by the parish of A], and not more than the sum of 251. having been paid upon the said binding of the said E. F. as aforesaid: against the form of the statute in such case made and provided. Whereupon, &c.

Apprentices to the sea service.] Any two or more justices of the peace, residing at or near to any port, at which any ship, registered in any port in the United Kingdom, having on board any sea apprentice, shall arrive, shall have full power and authority to enquire into and examine, hear and deter. mine all claims of apprentices upon their masters under their indentures, and all complaints of hard or ill usage exercised by their respective masters towards any such their apprentices, and to make such orders therein as they are empowered by law to do, in other cases between masters and apprentices. 5 & 6 W. 4, c. 19, s. 37.

Apprentices to chimney sweepers.] If any master or mistress chimney sweeper "shall misuse or evil treat his or her apprentice, or if the said apprentice shall have any just cause to complain of the forfeiture or breach of any of the covenants, provisions or agreements to be expressed and contained in the indenture, according to the form in the schedule to this act annexed, on the part and behalf of the master or mistress : then and in such case such master or mistress, being convicted thereof, shall forfeit and pay for every such offence any sum not exceeding 101. nor less than 40s. 4 & 5 W. 4, c. 35, s. 16.

Conviction may be in the offence thus: That [C. D. of

on

at

at

whereby

ordinary form, describing the master chimney sweeper, -here describe the ill usage or ill treatment complained of; or if the complaint be of any breach of covenant, &c. then thus: on in and by a certain indenture made between the said E. F. was bound apprentice to the said C. D. to learn the trade and business of a chimney sweeper, the said C. D. did then and there covenant, promise and agree to and with the said to — and that the said C. D. not regarding his said covenant, promise and agreement, did afterwards, to wit on [here set out the breach of covenant.]

at

Whereupon, &c.

Premium when ordered to be returned.] Besides discharging the apprentice by the justices at sessions, under the statute 5 El. c. 4, it has been holden that they might also order a portion of the premium to be returned, although there is no express provision in the act to that effect. R. v. Johnson, 1 Salk. 68.

Also, in any case where two justices of the peace shall order an apprentice, to be discharged under stat. 20 G. 2, c. 19, or 33 G. 3, c. 55, or 4 G. 4, c. 29, they may "take into consideration the circumstances under which such apprentice or apprentices shall be so discharged, and make an order upon the master or mistress of such apprentice or apprentices to refund all or any part of the premium or premiums which may have been or shall be paid upon the binding or placing out of such apprentice or apprentices, as such justices in their discretion shall see fit; and in case any sum or sums of money, which shall be so ordered to be refunded by such master or mistress, shall be neglected to be paid to the person or persons directed in any such order to receive the same, it shall and may be lawful for such two or more justices, in petty sessions, by warrant under their hands and seals, to levy the same upon the goods and chattels of such master or mistress, with the costs and charges of levying such distress, rendering the overplus of the sale of such goods and chattels, upon demand, to such master or mistress; and in case there shall not be sufficient goods and chattels whereon to levy the same, then it shall and may be lawful for such justices to commit such offender or offenders to the house of correction, for any time not exceeding two months, unless the sum or sums ordered to be refunded, with all costs, shall be sooner paid and satisfied." 4 G. 4, c. 29, s. 2.

This may easily be made a part of the original order for the discharge of the apprentice. See ante, pp. 103, 108.

Recovery of wages.] All complaints, differences and disputes, which shall arise between masters or mistresses, and such their apprentices as are within stat. 20 G. 2, c. 19, or 6 G. 3, c. 25, or 4 G. 4, c. 29, (see ante, 2, p. 103, 104), concerning any wages which may be due to such apprentices, may be heard and determined by one or more justice or justices of the peace of the county or place where such apprentice or apprentices shall be employed; which said justice or justices is and are empowered to examine on oath any such master or mistress, apprentice or apprentices, or any witness or witnesses, touching any such complaint, difference or dispute, and to summon such master or mistress to appear before him or them at a reasonable time to be named in such summons, and to make such order for payment of so much wages to such apprentice or apprentices, as according to the terms of

the indentures shall appear to such justice or justices under all the circumstances of the case to be justly due, provided that the sum in question does not exceed 107.,-the amount of such wages to be paid within such period as the said justice or justices shall think proper, and shall order the same to be paid and in case of refusal or non-payment thereof, such justice and justices shall and may issue forth his and their warrant to levy the same by distress and sale of the goods and chattels of such master or mistress, rendering the overplus to the owners, after payment of the charges of such distress and sale." 4 G. 4, c. 34, s. 2.

Or if the master reside at a considerable distance from the parish or place where his business is carried on, or is absent either beyond seas or at a considerable distance, any justice of the county where the apprentice is employed, may summon the agent or foreman to whom the master intrusts his business before him, and hear and determine the complaint, and order the agent, &c. to pay the apprentice the wages due to him, not exceeding 101.; and in case of refusal or nonpayment, the same may be levied by distress upon the goods of the master. Id. s. 4. See post, title "master and servant."

The following may be the form of the order :

Berkshire, to wit: Whereas complaint hath been made to me, one of Her Majesty's justices of the peace in and for

by E. F. an apprentice to one C. D. of

now employed by him at

-, builder, and in the said county, for that he the said E. F. was duly bound apprentice to the said C. D. on and that by the indenture of apprenticeship between them the said E. F. was entitled to be paid wages at the rate of per week for every week during the last [three months] ; and that of the wages aforesaid is now due and owing from the said C. D. to the said E. F. And the said C. D. [or, And A. B. the foreman of the said C. D. and to whom the said C. D. intrusts his said business of builder, he the said C. D. residing at a considerable distance from where the said E. F.

is now employed as aforesaid] being duly summoned to appear before me in this behalf, [but not] having appeared before me in obedience to such summons, I the said justice have examined into the matter of the said complaint; and it manifestly appearing to me that the said C. D. is justly indebted unto the said E F. his apprentice as aforesaid in the sum of for wages, according to the terms of the said indenture, I do hereby adjudge the said sum of to be justly due from the said C. D. to the said E. F., and I do order the said [4. B. as foreman of the said] C. D. to pay unto the said E. F. the said sum of next. Given under my

hand, at

the

on or before
day, &c.

APPROVER.

By the ancient law of this country, if a man, indicted for treason or felony, confessed the indictment, the court might admit him to become an approver against all other persons who were jointly concerned with him in the commission of the offence; in which case he lodged his appeal against his companions with the coroner, and if he succeeded in convicting them he was usually pardoned; but if he failed in his appeal, judgment was immediately given against him upon the indictment. See 2 Hawk. c, 24.

From this has originated the modern practice of admitting accomplices to give evidence against their fellows, particularly in cases of felony. This is done, either by the justice of peace before whom the offenders are brought, or by application to the court before whom they are to be tried. This should be done with great caution, and not without being fully apprized of the part the approver has taken in the offence, and being satisfied that his companions cannot be convicted without his testimony. Where this is not the case, it is better for the examining justices, if there be any evidence sufficient to warrant a commitment without the evidence of the accomplice, to commit the accomplice as well as the others, and leave it to the judge at the assizes, or the chairman at the quarter sessions, to exercise his discretion in ordering the accomplice to be taken as a witness before the grand jury or not, if an application for that purpose be made by the counsel for the prosecution.

If, however, the justice, under the circumstances of the case, think it right to receive the evidence of the accomplice, he should not make any promise to him of pardon or impunity, either as to the offence in question, or any other of which the accomplice may be guilty; if the latter act fairly, make a full and unequivocal confession of his and his companions' guilt, and give his evidence before the grand jury, and afterwards upon the trial, in a fair ingenuous manner, he will have an equitable claim to a pardon, or to a commutation of punishment, for that offence, R. v. Rudd, Cowp, 331, but not with respect to other offences committed, either by himself alone, or in company with other companions. R. v. Duce, 1 Phil. Ev. 37. R. v. Lee Id. R. v. West, Id.

As to the evidence of an accomplice, and the necessity of confirming it by other testimony, see post, tit. " Evidence."