spective 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.

Premium when ordered to be returned.] Besides discharging the apprentice by the justices at sessions, under the statute 5 El. c. 4, it was holden at one time that the justices might also order a portion of the premium to be returned, although there was no express provision in the act to that effect. R. v. Johnson, 1 Salk. 68. But that case has since been overruled, and it has been holden that justices have no such power under that statute. East v. Pill, 4 Mee. & W. 665, 8 Law J. 133, m.

But 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 or 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. 120, 121.

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, pp. 120, 121), 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 ap

prentices 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 10.-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 non-payment, the same may be levied by distress upon the goods of the master. Id. s. 4. See post, title "Manufactures." 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 -, builder, and now employed by him at 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

for

said E. F. his apprentice as aforesaid in the sum of 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 [A. B. as foreman of the said] C. D. to pay unto the said E. F. the said sum

of

the

on or before

day, &c.

next. Given under my hand, at

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."

ARMS, TRAINING TO THE USE OF.

By stat. 60 G. 3 & 1 G. 4, c. 1, s. 1, all meetings and assemblies of persons, for the purpose of training or drilling themselves, or of being trained or drilled, to the use of arms, or for the purpose of practising military exercises, movements, or evolutions, without any lawful authority from His Majesty, or the lieutenant or two justices of the peace of any county or riding, by commission or otherwise for so doing, are prohibited.

Training.] "Every person who shall be present at or attend any such meeting or assembly, for the purpose of training and drilling any other person or persons to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall train or drill any other person or persons to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall aid or assist therein," to be transported for not more than seven years, or imprisoned for not more than two years. Id. s. 1. The prosecution must be commenced within six calendar months after the offence committed. Id. s. 7.

Commitment.-For that on at a certain meeting and assembly of persons was unlawfully holden, without any lawful authority in that behalf, for the purpose of being trained and drilled to the use of arms, and to the practice of military exercise and evolutions; and that he the said A. B. then and there unlawfully was present at and did attend the said meeting and assembly, for the purpose of then and there training and drilling other persons then and there present to the use of arms, and to the practice of military exercise and evolutions; against the form of the statute in such case made and provided. And you the said keeper, &c.

*

Being trained.] Every person who shall attend or be present at any such meeting or assembly as aforesaid, for the purpose of being, or who shall at any such meeting or assembly be, trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions ;" fine, and imprisonment not exceeding two years. Id. s. 1. The prosecution must be commenced within six calendar months after the offence committed. Id. s. 7.

Commitment:-Same as the above form, to the asterisk,* and then thus: for the purpose of then and there being trained and drilled to the use of arms, and to the practice of military exercise and evolutions; against the form of the statute in such case made and provided. And you the said keeper, &c.

Dispersing such meeting, &c.] "It shall be lawful for any justice of the peace, or any constable or peace officer, or any other person acting in their aid or assistance to disperse any such unlawful meeting or assembly, and to arrest and detain any person present at, or aiding, assisting, or abetting any such assembly or meeting as aforesaid ;" and the justice before whom any person so arrested shall be brought, may commit him for trial for such offence, unless he shall give sufficient bail for his appearance at the next assizes, or general or quarter sessions, "to answer to any indictment which may be preferred against him, for any such offence against this act." Id. s. 2.

Actions against justices or peace officers, for anything done by them under this act, shall be commenced within six months after the act done; the venue must be in the county where it was done. Plea, the general issue; the defendant to have double costs if he recover. Id. s. 5.

ARRAIGNMENT.

"See Trial."

ARREST.

Under a warrant.] In all cases in which a justice of the peace may legally issue a warrant to arrest a person, the constable or person to whom it is directed may legally execute it, by making the arrest; and this, whether the party be guilty or innocent of the offence mentioned in it, or whether such offence have, in fact, ever been committed, or not. 2 Hawk. c. 13, s. 11. If the warrant be directed to a constable, he is bound to make the arrest, if he can, and is punishable for not doing so; but if directed to a private person, he may make the arrest, but he is not punishable for neglecting or refusing to do so. Id. s. 27. If the warrant be directed to a particular