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ship was expired, at absent himself from the service of the said A. B. his said master, without the leave of him the said master, and that he hath since, to wit, on —, at

refused to serve the said A. B. his said master, and hath then and there refused to make satisfaction to the said A. B. his said master, for the loss he hath sustained by the said absence of him the said E. F. from the service of the said A. B. his said master as aforesaid: and as well the said E. F. as the said A. B. now appearing before me, I, the said justice, having heard the said complaint, and having heard what the said E. F. hath alleged in answer to the same, and it manifestly appearing to me that the said E. F. is guilty of the premises so charged against him as aforesaid, and that the said A. B. hath sustained a loss to the amount of by the said absence of the said E. F. from his service, do hereby adjudge that he the said E. F. do pay unto the said A. B., his master as aforesaid, the sum of satisfaction for the loss so by the said A. B. sustained as aforesaid, by reason of the said absence of the said E. F. from the service of the said A. B. as aforesaid. Given under my hand and seal, at - the day, &c.

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The warrant of commitment (after the usual direction to the constable and keeper of the house of correction,) may be thus: Whereas heretofore on — -, upon complaint made to me, [&c. reciting the above adjudication in the past tense, to the end] from the service of the said A. B. as aforesaid; and whereas the said sum of hath not, nor hath any part thereof, been paid by the said E. F. to the said A. B.; and whereas the said E. F. hath not given security to make such satisfaction, according to the said adjudication and determination of me the said justice as aforesaid, although the same hath been required and demanded of him, but hath neglected and refused so to do: I do therefore command you the said constable to take and convey the said E. F. to the said house of correction, and to deliver him to the said keeper thereof, together with this my warrant; and I do hereby command you, the said keeper of the said house of correction, to receive the said E. F. into the said house of correction, and there to keep him to hard labour for the space of· the date hereof. Given under my hand and seal, at day, &c.

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The statute gives an appeal to the next general quarter sessions; but not against the order of commitment. 6 G. 3, c. 25, s. 5, and see R. v. JJ. of Staffordshire, 12 East, 572. It may be necessary to add, that this statute does not extend to the stannaries of the counties of Devon or Cornwall, nor is it to affect the jurisdiction of the chamberlain, &c. of London, as to apprentices. Id. s. 6. It is deemed also to be cumulative, and not a repeal of stat. 20 G. 2, c. 19. Gray v. Cookson et al., 16 East, 13.

Also, as to the apprentices mentioned in stat. 20 G. 2, c. 19, 4 G. 4, c. 29, and 6 G. 3, c. 25, already noticed (ante, pp. 115, 117,) if such apprentice shall have absconded, it shall be lawful for any justice of the peace of the county or place where such apprentice shall be found, or shall have been employed, and on complaint thereof made on oath by the master, or by his steward, manager, or agent, to issue his warrant for apprehending every such apprentice; " and further to hear and determine the same complaint, and to punish the offender by abating the whole or any part of his or her wages, or otherwise by commitment to the house of correction, there to remain and be held to hard labour for a reasonable time, not exceeding three months." 4 G. 4, c. 34, s. 1. The forms on this statute may readily be framed from those on the preceding statute.

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 inquire into and examine, hear and determine all complaints of misbehaviour on the part of any such apprentice, 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.

6. Complaints by Apprentices of their Masters.

Apprentices generally, under stat. 5 El. c. 4.] If any master shall "misuse, or evil intreat his apprentice, or the said apprentice shall have any just cause to complain," then the said apprentice, 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 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. The statute then enacts, that if, "for want of good conformity in the said master," the justice shall not be able to settle the matter between them, he may refer it to the justices at sessions, who, if they think fit, may discharge the apprentice,as already mentioned, ante, p. 114. The statute, as we have seen, (ante, p. 115,) extends to all kinds of apprentices; R. v. Collinbourn, 2 Ld. Raym. 1410; and extends to cases where the master neglects to instruct the apprentice in his trade, R. v. Amies, 1 Bott, 682, as well as to cases of ill usage or ill treat

ment. But for the reasons mentioned, ante, p. 115, a proceeding under this statute is seldom resorted to in practice.

The like, under stat. 20 G. 2, c. 19.] Any two or more jus-tices, upon complaint or application by any apprentice put out by the parish, or any other apprentice upon whose binding out no larger sum than [25., 4 G. 4, c. 29, s. 1,] was paid, "touching or concerning any misusage, refusal of necessary provision, cruelty or other ill treatment of or toward such apprentice, by his or her master or mistress, may summon such master or mistress to appear before such justices at a reasonable time to be named in such summons; and such justices shall and may examine into the matter of such complaint; and upon proof thereof made upon oath to their satisfaction, (whether the master or mistress be present or not, if service of the summons be also upon oath proved,) the said justices may discharge such apprentice by warrant or certificate under their hands and seals, for which warrant or certificate no fees shall be paid." 20 G. 2, c. 19, s. 3.

Besides which, by stat. 32 G. 2, c. 57, s. 11, in the case of parish apprentices, such two justices may order such master or mistress "to deliver up to such apprentice his or her clothes and wearing apparel; and also to pay to such churchwardens or overseers of the poor of the parish or place to which such apprentice shall belong, some or one of them, a sum not exceeding 10., to be applied by them, some or one of them, under the order of such justices, for the again placing and binding out such apprentice so discharged as aforesaid, or otherwise, for his or her benefit, as to such justices shall seem meet; and also to pay a sum not exceeding 51., in case such master or mistress shall refuse to deliver up such clothes and wearing apparel and in case such master or mistress shall refuse to pay the sum so ordered by the said justices to be paid as aforesaid, or either of them, or any part thereof, it shall and may be lawful for such two justices, by warrant under their hands and seals, to levy the same by distress and sale of the goods and chattels of such master or mistress, together with the reasonable expenses of such distress; and also that it shall and may be lawful for such two justices, if they shall so think fit, to compel such churchwardens and overseers of the poor, some or one of them, to enter into a recognizance for the effectual prosecution by indictment of such master or mistress for such ill-treatment of any such apprentice so discharged as aforesaid, and also to order that the costs and expenses of such prosecution shall be paid and discharged, or reimbursed to such person or persons entering into such recognizance as aforesaid, one moiety thereof out of the poor-rates of the parish or place to which such apprentice shall belong, and the other moiety thereof out of the common stock of the county in

which such parish or place shall lie; and in case the churchwardens and overseers of the poor of such parish or place for the time being shall refuse to pay such their moiety as aforesaid, it shall and may be lawful for such two justices, by warrant under their hands and seals, to levy the same by distress and sale of the goods and chattels of such churchwardens and overseers of the poor, any or either of them, together with the reasonable expenses of such distress."

The following may be the form of the order :

Berkshire to wit: Whereas complaint hath been made to us, two of Her Majesty's justices of the peace in and for -, by E. F. an apprentice [put out by the parish of A.] to C. D., of -, carpenter, for that he the said C. D., on "2 at [here describe the ill treatment, &c. complained of]. And the said C. D. having on —, at -, appeared before us in obedience to a summons in that behalf served upon him, [or and the said C. D. not having appeared before us in obedience to a summons in that behalf proved on oath to have been served upon him], we the said justices have examined into the matter of the said complaint; and it manifestly appearing to us that the said C. D. is guilty of the premises so charged against him as aforesaid, we do order and adjudge that the said E. F. be forthwith discharged from his apprenticeship to the said C. D., and from the indentures in that behalf between them, and we the said justices do by this our warrant discharge him the said E. F. accordingly, and do hereby certify the same, in pursuance of the statute in such case made and provided. [And if the 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. 3, c. 57, ss. 12, 14. The order or proceedg

VOL. I.

ings 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 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 (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.

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Conviction may be in the ordinary form, describing the offence thus That C. D. of, carpenter, on — : [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.

Apprentice 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 inquire into and examine, hear and determine all claims of apprentices upon their masters under their indentures, and all complaints of hard or ill-usage exercised by their re

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