prentice of such subsequent master or mistress to whom such assignment shall be made, to all intents and purposes whatsoever; and so from time to time, as often as it shall be necessary or convenient for any such subsequent master or mistress to part with any such apprentice; and all justices of the peace shall have the like power and authority, in the several cases last mentioned, with respect as well to the subsequent master or mistress, masters or mistresses, as to the apprentice, as such justices shall then have by any law for the better regulation of parish apprentices." See also 56 G. 3, c. 139, s. 9 & 10. post p. 95, 96.

The following is the form of the assignment, by indorsement on the indenture or counterpart, given by the statute :County of Be it remembered, that the within-named F. M.

(the master) by and with the consent and approbation of I. P. and K. P. two of Her Majesty's justices of the peace for the said county, whose names are subscribed to the consent hereunder written, doth hereby assign A. P. the apprentice within named, unto N. M. (the new master) to serve him during the residue of the term within mentioned; and that he the said N. M. doth hereby agree to accept and take the said A. P. as an apprentice for the residue of the said term, and doth hereby acknowledge himself, his executors, and administrators, to be bound by the agreements and covenants within mentioned on the part of the said F. M. to be done and performed according to the true intent and meaning thereof, and pursuant to the provisions of an Act passed in the thirty-second year of the reign of King George the Third, intituled, An Act for the further regulation of parish apprentices. In witness whereof we, the said F. M. and N. M. have hereunto set our hands, this of

We, two of Her Majesty's justices of the peace above mentioned, do consent thereto. Witness

day

our hands, this

- day of

I. P.

K. P.

Form of the like assignment by a separate instrument. County of Whereas it appears unto us I. P. and K. P. two of Her Majesty's justices of the peace for the said county, whose names are subscribed to the consent hereunder written, that A. P. was bound an apprentice by the churchwardens and overseers of the poor of the parish of · to F. M. of the same parish, by indenture bearing date on or about the day of until the said A. P. should attain his age of twenty-one years. Now be it remembered, that the F. M. by and with the consent, &c. (and so, to the end, as before, mutandis mutandis.)

This assignment must be executed by the master, or by some person legally authorized by him. Where the master was

abroad, and the assignment was executed by his steward without any other authority than what might be implied from his often having done so before, and the expenses being allowed by the master in his accounts, the court held the assignment to be bad, and that the apprentice gained no settlement under it; the master should exercise his discretion in making it, and it should therefore be executed either by himself, or by express authority from him. R. v. Spreyton, 3 B. & Ad. 818.

If a premium be paid from one master to the other, the assignment must be stamped accordingly. But if it be paid by the parish, in that case no stamp is required; 55 G. 3, c. 184, sch. See 32 G. 3, c. 57, s. 10; and where it was actually paid out of the parish funds, but was stated by mistake in the assignment to have been paid by the first master, the court held that evidence was admissible to show whose money it was. R. v. Llangunnor, 2 B. & Ad. 616. The assignment, however, is not within stat. 8 Ann, c. 9, s. 35-39, (See ante, p. 77), which requires the premium to be mentioned in the instrument. R. v. Ide, 2 B. & Ad. 866.

Upon any assignment of a parish apprentice, the overseer shall enter in his book (See ante, p. 88j the house and residence of the master or mistress to whom the witness shall be assigned or bound over, together with the other particulars, under the same penalties as upon the original binding. 42 G. 3, c. 46, s. 5.

Discharge of Apprentice.] By stat. 32 G. 3, c. 57, s. 8, reciting that no express provision had been made for the discharging of any parish apprentice from a master who had become insolvent, or who was so far reduced in his circumstances as to be unable to employ or maintain such apprentice, it was enacted, "that it shall and may be lawful for two justices of the peace of the county, city, town, riding, division, or place where any such master shall live, on the application of such master, requesting that any such apprentice may be discharged, for the reason aforesaid, to enquire into the matter of such allegations, and to discharge any such apprentice from his apprenticeship, in case the said two justices shall find such allegations to be true."

And by stat. 56 G.3, c. 139, s. 9, after reciting that it may be expedient that those to whom parish apprentices are bound or assigned, should be empowered to place out or assign over such apprentice to others, and it is proper that such placing out or assignment should in all instances be under the inspection and control of the magistrates; and it is fit that the person to whom such putting out or assignment should be made, and also the apprentice, shall be made subject to the ordinary jurisdiction of justices of the peace, with respect to masters and parish apprentices; and that it is inexpedient that any

master or mistress should in any way discharge or dismiss from his or her service, any parish apprentice without the consent of such justices: it was thereby enacted, that it shall not be lawful for any master or mistress to put away or transfer any parish apprentice to any other, or in any way to discharge or dismiss from his or her service any parish apprentice, without such consent of justices as is directed in stat. 32 G. 3, c. 57; (See s. 8, supra, and sect. 7, ante, p. 93); and that no settlement shall be gained by any service of such apprentice, after such putting away or transfer, unless such service shall have been performed under the sanction of such consent as aforesaid. See R. v. Gwinear, 1 Ad. & El. 152.

Also, by sect. 10, any person who "shall put away or transfer any parish apprentice to another, or who shall in any way discharge or dismiss from his or her service any parish apprentice, without such consent as aforesaid, shall forfeit a sum not exceeding 101. for every apprentice so transferred."

3. Apprentices to the Sea Service.

Who may be bound and by whom.] "It shall be lawful for the overseers of the poor of any parish or township to bind by indenture any boy, having attained the age of thirteen years, and of sufficient health and strength, who or whose parent is chargeable to or maintained by any such parish or township, or who shall beg for alms therein, with his consent but not otherwise, an apprentice in the sea service, until he shall attain the age of twenty-one years." 5 & 6 W. 4, c. 19, s. 26.

To whom.] They may be bound to any of Her Majesty's subjects, being a master or owner of any ship registered in any port of the United Kingdom. 5 & 6 W. 4, c. 19, s. 26. And the master of every ship belonging to any subject of the United Kingdom, of the burthen of 80 tons or upwards, shall have on board, at the time of clearing out from any port of the United Kingdom, if under 200 tons, one apprentice; of 200 tons and under 400, two; of 400 tons and under 500, three; of 500, tons and under 700, four; of 700 and upwards, five at the least; all of them when bound being under seventeen years of age, and bound for four years at the least ;" and if any such master shall neglect to have on board his ship the number of apprentices as hereby required, he shall for every such offence forfeit and pay the sum of 101. in respect of each apprentice so deficient." Id. s. 31

How bound.] The binding shall be " in the presence of two justices of the peace acting for the county, riding, division, city, borough, or place within which such parish or township

shall be situate, which justices shall execute the indenture, in testimony of their having been satisfied that such boy hath attained the age, and is of sufficient health and strength, as required by this Act." 5 & 6 W. 4, c. 19, s. 26. The Overseers shall cause the indenture to be prepared; Id. s. 29; and "to the end that the period when the service under such indenture shall expire may the more certainly appear, the age of every such boy shall be inserted in his indenture, the same being truly taken from a copy of the entry of his baptism in the register book of the parish in which he was born, (where the same can be obtained), which copy shall be given and attested by the officiating minister of such parish without fee or reward; and in cases where no such entry of baptism can be found, the justices aforesaid shall inform themselves as fully as they can of such boy's age, and from such information shall insert the same in his said indenture; and the age of every such boy, so inserted therein, shall (in relation to the continuance of his service) be taken to be his true age, without any further proof thereof." Id. s. 26. No stamp is necessary in the case either of parish or voluntary apprentices to the sea service, upon the indenture or any assignment of it. Id. s. 35. The indentures, when prepared and executed, shall be transmitted in duplicate (if the master or owner of the ship to whom the boy is bound, be or reside within the limits of the port of London) to the registrar, or (if at any other port) to the collector or comptroller of the customs at such port. Id. s. 29.

The overseers shall cause the boy to be conveyed to such port by the constable, at the expense of the parish or township, and shall also, upon the execution by the master of the counterpart of the indentures, cause to be paid down to the master the sum of 5l., to be expended in providing the boy with necessary sea clothing and bedding. Id. s. 29. If the master be or reside within the limits of the port of London, the counterpart of the indenture shall be executed in the presence of and attested by the registrar or his clerk; if at any other port, by the collector or comptroller of the customs there, and in both cases by the constable who shall convey the boy there; and the constable on his return shall deliver such counterpart to the overseers, to be by them registered and preserved. Id. s. 30.

Assignment.] The master of any parish apprentice, or if dead, his executors or administrators, or if no executors, &c. his widow, may, "with the concurrence of two or more justices of the peace, residing in or near to the place where such poor boy shall have been bound apprentice, assign such apprentice (with his consent, but not otherwise) to any master or owner of a ship not having her complement of apprentices, to be by

him employed in the sea service during the residue of the term. 5 & 6 W. 4, c. 19, s. 27.

So, where the master of an apprentice to the sea service dies, his widow or executor or administrator may assign the apprentice to the master or owner of a ship not having her complement of apprentices. Id. s. 28. All which assignments, if made within the limits of the ports of London, shall be attested by the registrar or his clerk, or if made at any other port, by the collector or comptroller of the customs there. Id.

To be registered.] The registrar in London, and the collectors and comptrollers of the customs at the other ports, shall register all such indentures and assignments in a book to be kept for the purpose, and shall indorse thereon a memorandum thereof; and such collector and comptroller shall every quarter transmit a list of the indentures and assignments registered by him, to the said registrar. Id. s. 33.

Voluntary apprentices to the sea service.] The indentures of such apprentices, or any assignments thereof, shall be free from stamp duty. 5 & 6 W. 4, c. 19, s. 35. They shall be registered, as above mentioned; Id. s. 34; and the apprentice may, during the term, be employed in any ship, of which his master may be master or owner. Id. And his master, or in case of his death, his executor or administrator, with the consent of the apprentice, if he be seventeen years of age, or if under that age, with the consent of his parent or guardian, may assign him to the master or owner of any registered ship. Id.

Neglect, &c. of master.] "If any master, to whom any apprentice mentioned in this act shall be bound or assigned, shall neglect to cause the indenture or the assignment thereof (as the case may be) to be registered, as required by this act; or shall, after the ship shall have cleared outwards on the voyage upon which such ship may be bound, suffer his apprentice to quit his service (not entering into that of His Majesty), except in case of death, desertion, sickness, or other unavoidable cause, to be certified in the log book of the ship: every such master shall, for every such offence, forfeit and pay the sum of 10. 5 & 6 W. 4, c. 19, s. 36. The conviction is in the common form.

4. Apprentices to chimney sweepers.

Who may take apprentices.] No person shall be deemed capable of taking an apprentice to learn or practice the business of a chimney sweeper, or of employing in such trade any child under the age of fourteen years, who shall not be a house