On oath

Master Warrant,

1. Any apprentice in any trade guilty of any 20 G. 2,
misdemeanor, miscarriage or illbehaviour c. 19, s. 4, and at any (Note 2),

in service.

and
4 G. 4,

[MEM. The order to refund seems to be within c. 34, s. 1.
the 11 & 12 Vict. c. 43, and the form of
order may be (K 1), p. 52, adapted from
1 Arch. J. P. 121.]

4. For misusage, refusal of necessary provi- 20 G. 2, On oath. By or on Summons, sions, cruelty or other ill-treatment of ap-c. 19, s. 3. prentice.

[MEM. No fees to be paid for the warrant or
certificate of discharge. The order to re-

fund seems to be within the 11 & 12 Vict.
c. 43, and the Form (K 1), p. 52, may be
adopted.]

5. The like, parish apprentices.

[MEM. The order for payment seems to be within the 11 & 12 Vict. c. 43. Form (K 1), p. 52; 1 Arch. J. P. 121.]

behalf of personal.

appren-
tice.

(1) The Note (6), ante, p. 84, will apply here also. As to apprentices in the sea service, see 5 & 6 Will. 4, c. 19, s. 37; 1 Arch. J. P. 119, 122.

(2) In case the master know nothing of the matter, it will be sufficient if he exhibit the complaint and support it by the oath of another person (Finley v. Jowle, 12 East, 248).

(3) If any person shall think himself aggrieved by such determination, order or warrant of a justice, (save and except any order of commitment,) he may appeal to the next general

Under 20 Geo. 2, c. 19.

Either impr.

Yes

(Note

discharged.
Impr. in H.

3).

(4 G. 4, apprentice c. 34). employed, or, if he ab

in H. of C. for not exceeding 1 cal.
month, with h. 1., or
Under 4 Geo. 4, c. 34.
of C. for not exc. 3 months with
hard labour, or abatement of the
whole or part of wages.

If apprentice discharged, justice to
order master to refund all or part
of premium; in default of payment,
levied by distress; if goods insuf-
ficient, impr. in H. of C. for not ex-
ceeding 2 months (4 Geo. 4, c. 29,
s. 2).

Imprisonment in H. of C. and hard Yes
labour for not exceeding 3 calendar (s. 14).
months (s. 13).

If apprentice do not give security to Yes,
make satisfaction according to jus-against
tice's determination, commitment to the
H. of C. for not exceeding 3 months order
(Note 4).

(s. 5).

Justices may discharge apprentice (s.
3) and order premium to be refund-
ed, levied by distress by warrant of
same justices; if insufficient, impr.
in H. of C. for not exc. 2 m. (4G. 4,
c. 29, s. 2);

Yes
(see
Note 3).

To the ap

prentice, as a compensa

or fine not exc. 40s., leviable by
distr.; and for want of distr.,
impr. in H. of C. for not exc. 10
days (33 Geo. 3, c. 55, s. 1).
Discharge and fine as Offence 4, and Yes
the justices may order master to pay (s. 12,
not exceeding £10, and to deliver 1 Arch.
up clothes, and not exceeding £5, J. P.
for clothes if he refuse, leviable by 89).
distress (s. 11).

tion for the injury sustained by him (33 Geo. 3, c. 55, s. 1).

To churchwardens or overseers of poor where apprentice belongs (s. 11).

quarter sessions of the peace to be held for the county, riding, liberty, city, town corporate, or place where such determination or order shall be made (20 Geo. 2, c. 19, s. 5; 33 Geo. 3, c. 55, s. 1).

(4) This statute is deemed to be cumulative, and not a repeal of 20 Geo. 2, c. 19 (Gray v. Cookson, et al., 16 East, 13; 1 Arch. J. P. 118).

S

Not on

Id.

1. Any constable or other peace officer refusing *1 Vict.
or neglecting to serve or execute any sum- c.36, s. 19. oath (Note
mons or warrant granted under the Post
Office Act.

7), and

within a year (s.24).

Summons at resi

dence (s. 18, and Note 7).

(5) The witness neglecting or refusing to appear, or appearing, refusing to be examined, on conviction to forfeit not exceeding £10 (1 Will. 4, c. 64, s. 20).

(6) Vide Note (16), title "Beerhouses," ante, p. 86, where the 1 Will. 4, c. 64, is incorporated with the 3 & 4 Vict. c. 61; the time of prosecution is regulated by I Will. 4, c. 64, s. 15. (7) Forms of information, summons, conviction, warrant of distress, and commitment in default of distress, are given by the Post Office Act, 1 Vict. c. 36.

(8) If the witness neglect or refuse to appear, without reasonable excuse, or appearing,

shall refuse to be examined, to forfeit £10; the summons is to be served in the same way as to a defendant.

(9) To the general or quarter sessions held next after the expiration of ten days from the day of conviction, of which appeal notice in writing shall be given to the prosecutor or informer seven clear days previous to the first day of sessions, provided within five days next after conviction he enter into a recognizance with two sufficient sureties, before convicting justice, to prosecute appeal, &c.

CUSTOMS. The offences enacted by the numerous statutes under these titles are Comitted from this work, because they would increase its bulk at least one EXCISE. Shalf without any advantage to justices and their clerks; for no proceeding can be instituted except on the information of an authorized officer, who brings the statute relating to the particular case, with proper forms, of which justices always avail themselves.

FACTORIES.

[MEM. The statutes on this subject are, 42 Geo. 3, c. 73; 3 & 4 Will. 4, c. 103; 7 & 8 Vict. c. 15; 8 & 9 Vict. c. 29; 9 & 10 Vict. cc. 18. 40; 10 & 11 Vict. c. 29. Sect. 35 of 11 & 12 Vict. c. 43, expressly excepts them from its operation. The factory inspectors have concurrent jurisdiction with justices to punish for offences (3 & 4 Will. 4, c. 103, s. 34).]

(10) Section 25 gives power to commit an offender, apprehended under this warrant, to prison till the hearing, unless he enter into a recognizance with two sufficient sureties to appear. (11) If the witness neglect or refuse to appear, without a reasonable excuse, or appearing, shall refuse to be examined, to forfeit the sum of £10, to be recovered as penalties.

(12) May, upon entering into a recognizance, with two sufficient sureties, to be approved by a justice, to the amount of the value of such penalty and forfeiture, together with a sum which in the judgment of such justice shall be adequate to the amount of the costs which may be awarded, conditioned to pay amount adjudged in case judgment affirmed, appeal to the next general sessions.

(13) The penalty in this case is not incurred by the party refusing to produce his licence, unless on request he also refuse to tell his name, &c. (see Molton v. Rogers, 4 Esp. 215). But if these be demanded of the party, it is not necessary for the person demanding them to go on to ask in what place the party is assessed to the game duty, nor is it necessary for him to produce his own certificate (Scarth v. Gardener, 5 Car. & P. 38). Also, it is not necessary that the demand should actually be made upon the land on which the party is sporting; but it