APOTHECARIES.

THE statute 55 Geo. 3. c. 194, contains several enactments for the regulation of apothecaries; and all penalties created by that statute, which do not amount to the sum of 51. are recoverable before a justice of the peace; but as the act creates no penalty less than 51. the power given to the justices is nugatory.

APPRENTICES.*

PARISH-OFFICERS may bind poor apprentices with consent of two justices. 43 Eliz. c. 2. s. 5.

Before any child is bound by overseers, he must be taken before two justices, who shall inquire into the propriety of the binding, and if they think proper, shall make an order for that purpose, &c. which order shall be referred to in the indenture, and the allowance shall be signed by the same justices, before the execution by the other parties. 56 Geo.

3. c. 139. s. 1.

No parish apprentice shall be bound to a person residing out of the county and more than 40 miles from the place to which he belongs, unless he belongs to a place more than 40 miles distant from London; in which case justices may admit a binding at a greater distance than 40 miles, upon specifying the grounds thereof in their order. Ibid.

Indenture must be allowed by two justices of the county into which the apprentice is to be bound, as well as by two justices of the county from which he is bound. Ibid.

s. 2.

Allowance by county justices to be valid in places having exclusive jurisdiction within the county. Ibid. s. 3.

No settlement gained by a parish apprentice unless these regulations are complied with. Ibid. s. 6.

*For the Forms, see Append.

Children not to be bound till they have attained the age of nine years. Ibid., s. 7.

When a master removes from the county* or more than 40 miles from his place of residence at the time he took the apprentice, the apprentice is to be brought before two justices to examine into the propriety of his continuing in the service of such master, and the said justices shall thereupon make order for the continuance of the apprentice in such service, or for his discharge, or for assigning him to another person, as they shall think fit. Removing an apprentice without observing these regulations, P. 10l. 2 J. R. by distress, or imprisonment from one to six months. Information to be within three months. A. to the poor. Ap. sess. Ibid. s. 8. 14. 17.

Discharging a parish apprentice without consent of justice, P. 10l. R. A. and Ap. as above. Ibid. s. 10.

Persons refusing to take apprentices offered under 43 Eliz. c. 2. P. 201. J. 2. Ap. sessions. 8, 9 W. c. 30. s. 5.

*It is enacted by the first section of this statute, that children shall not be bound apprentice to persons residing out of the county and more than forty miles from the place to which such children belong, in the conjunctive; so that children may be bound apprentice to persons residing out of the county, provided they reside within forty miles of the place, &c.; or to persons residing more than forty miles from the place, &c. provided they reside within the county. But when the binding has taken place, application must be made, under s. 4, by the master to the justices, if he remove out of the county, or to a place within the county more than forty miles from his place of residence at the time he took the apprentice, although the place to which he so removes shall be less than forty miles from the place to which the child belongs; but no application need be made if he remove to a place more than forty miles from the place to which the child belongs, provided such place be within the county, and within forty miles of his place of residence when he took the apprentice.

Officers of his Majesty's forces, residing in barracks or elsewhere, under military law, are exempt from having parish apprentices. 5 Geo. 4. c. 13. s. 113.

Master having been convicted of misusing parish apprentice, not to have another put upon him, but to pay not exceeding 10l. nor less than 5l. 2J. R. distress. 32 Geo. 3. c. 57. s. 12.

Parish-officers may bind poor apprentices to the sea service with consent of two justices. 2 and 3 Anne. c. 6. s. 1. and see 4 Geo. 4. c. 25.

Poor boys may also be bound apprentices to chimneysweepers, with consent of two justices. 28 Geo. 3. c. 48. post pl. chimney-sweepers, and see 56 Geo. 3. c. 139.

If a master and his apprentice cannot agree, either, as the case may be, may complain to one justice, who shall settle the matter according to his discretion; but if they cannot agree, he shall take bond of the master to appear at the sessions, where four justices, at least, shall hear the complaint; and if the fault is in the master, they may discharge the apprentice,* and if the fault is in the apprentice, may order him such correction as they shall think proper. 5 Eliz. c. 4. s. 35.

On complaint of any apprentice, where no more than 57. was given, two justices may summon the master, and, if they see cause, discharge the apprentice by certificate without fee. 20 Geo. 2. c. 19. s. 3.

* As the statute gives no power to the magistrates to order any of the money given with the apprentice to be returned, it appears that the discharge of an apprentice, with whom a large premium was given, would be rather a favour than a punishment to the master. But the Courts have remedied this by ruling that the master shall return so much of the money received as the magistrates shall judge reasonable. 1 Bott. p. 537. pl. 682. Pratt's Edition.

And they may order the master to deliver his clothes to any parish apprentice so discharged, and also to pay 10l. to the parish-officers to bind him out again, or to be applied otherwise for his benefit; as also, 5l. to the apprentice, if the master refuses to give up the clothes. R. distress. Appeal to sess. 32 Geo. 3. c. 57. s. 11.

Two justices, on complaint of any apprentice, with whom not more than 10/. extended to 25l. by 4 Geo. 4. c. 29. s. 1. was given, for ill usage, may fine the master not exceeding 40s. R. distress; or, for want of it, commitment for not exceeding ten days. Ap. session. 33 Geo. 3. c. 55. s. 1. 4 Geo. 4. c. 29. s. 1.

Two Justices, on complaint by master for ill conduct of any apprentice, on whose binding no more than 57. (now 251. by stat. 4 Geo. 4. c. 29. s. 1.) was paid, may hear and determine the same, and punish offender by commitment to H. of C. for (not exceeding) one calendar month or discharge him. Ap. to sess. except against order of commitment. 20 Geo. 2. c. 9. s. 4, 5.

Two justices, on discharge of apprentice under 20 Geo. 2. c. 19. or 33 Geo. 3. c. 55. or 4 Geo. 4. c. 29. may order all or part of premium to be returned. Master neglecting to pay same, R. distress, if no distress, commitment to H. of C. for (not exceeding) two months, unless sum awarded, be sooner paid. 4 Geo. 4. c. 29. s. 2. see also 5 Geo. 4. c. 18.

Apprentice discharged for misbehaviour, P. commitment to the H. of C. for not exceeding three calendar months. J. 2. 32 Geo. 3. c. 57. s. 15.

Apprentice, where the premium given did not amount to 107. running away, shall at any time not exceeding seven years from the expiration of the term for which he was bound, be compelled to serve his master for so long as he was absent, or make him satisfaction otherwise. On refusal the master may apply to one justice, who may hear and determine what satisfaction he shall make; and in default of

14 APPRENTICES-APPREHENSION OF OFFENDERS.

giving security to make it, commit for not exceeding three months. Ap. session, giving six days' notice, except as to the commitment. 6 Geo. 3. c. 25. s. 1. 3. 5.

Masters, or their steward or agent, may make complaint to any justice against apprentice; and justice may abate wages or commit offender to H. of C. for not exceeding three months. 4 Geo. 4. c. 34. s. 1.

One justice may order payment of wages to apprentices, provided the sum in dispute does not exceed 107. R. distress. Ibid. s. 2.

Apprentices, &c. may recover wages not exceeding 107. in the absence of their master, by summoning the steward, &c. 1 J. R. distress on goods of master if not paid within 21 days. Ibid. s. 4.

One justice on complaint under 20 Geo. 2. c. 19. or 31 Geo. 3. c. 11. may order payment of wages, within such time as he shall think fit, R. distress; not to affect jurisdiction of chamberlain of London. Ibid. s. 5, 6.

Parish apprentice, with whom no more than 57. was given, on the death of his master shall continue with the executors, &c. for three calendar months, during which term they may assign him (with consent of two justices) to another master for the remainder of his term; otherwise the apprenticeship determines at the end of the three months. 32 Geo. 3. c. 57. s. 2, 3, 4.

Masters refusing to maintain parish apprentices, two justices may levy by distress such sum as shall be necessary for their maintenance and clothing. Ibid. s. 6.

APPREHENSION OF OFFENDERS.

A JUSTICE may himself apprehend, or cause any other person to apprehend, without warrant, any person who shall be guilty of felony, or breach of the peace, in his presence. Hale's Hist. 87.