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Sect. 7. “That no person or persons using or exercising the trade, Sirthly, Of business, or mystery of a chimney-sweeper, shall retain, keep, or employ any settlement hy more than six apprentices at one and the same time; and that the name of apprenticeship. every person so taking or receiving an apprentice or apprentices as aforesaid,

1. The statutes, and also the place of his or her abode, shall be marked or put upon a brass &c. plate, to be set or affixed in the front of a leathern cap, which every master or 28 Geo. 3, c. 48. mistress shall provide for each such apprentice, and which he shall wear when Not more than out upon his duty; and that every inaster or mistress shall forfeit for every at the same time. apprentice so retained, kept or employed by him or her beyond the number limited by this act, or for neglecting to provide each such apprentice with such leathern cap, and brass plate to be so affixed thereupon, and marked with his or her name and place of abode as aforesaid, contrary to the true intent and meaning of this act, any sum not exceeding the sum of ten pounds, nor less than five pounds."

Sect. 8. “That if any such master or mistress shall misuse or evil Penalty on the treat his or her apprentice, or that the said apprentice shall have any just master for breach cause to complain of the forfeiture or breach of any of the covenants, venants specified clauses, or agreements, to be expressed and contained in such indenture, in the indenture. made and written out according to the form in the schedule hereunto annexed, on the part or behalf of such master or mistress, then, and in such case, such master or mistress, being convicted thereof in manner hereinafter mentioned, shall forfeit and pay, for every such offence, any sum not exceeding ten pounds, nor less than five pounds.”

Sect. 9. "That no person or persons using or exercising the trade, That boys shall business, or mystery of a chimney-sweeper, shall let out to hire, or lend hy bire, nor to cali the day or otherwise, to any other person for the purpose of sweeping chim- the streets before neys, any boy or boys that are already apprentice or apprentices, or that a certain time. shalí hereafter be bound apprentice or apprentices, under the directions of this act, nor shall cause such boy or boys to call the streets before seven of the clock in the morning, nor after twelve of the clock at noon, between Michaelmas and Lady-day, nor before five of the clock in the morning, nor after twelve of the clock at noon, between Lady-day and Michaelmas ; and that if any master or mistress shall

, after the passing of this act, offend in any of the cases aforesaid, he or she shall forfeit and pay, for every such offence, any sum not exceeding ten pounds, nor less than five pounds."

Sect. 10. “ That all convictions for penalties and forfeitures, hy this act Convictions for imposed for any offence against the same, shall be made before one or feitures to be more justice or justices of the peace, acting for the county, riding, city, made before one town, borough, or division, where such offence was committed, either by

or more justices

of the peace. confession of the offender, or upon the oath of one or more credible witness ur witnesses; and for that purpose it shall be lawful for one or more such justice or justices, upon complaint made to him or them thereof, to summon the person or persons so offending before him or them to answer to such complaint in such manner as he or they is and are authorised to do in any other matter cognizable before a magistrate.”

Sect. 11. " That all penalties and forfeitures by this act imposed for any Penalties how to offence, neglect, or default against the same, and all costs and charges to be be levied and

applied. allowed and ordered by the authority of this act, shall be levied by ditress and sale of the goods and chattels of the offender, or person liable ordered to pay the same respectively, by warrant under the hand and seal of one or more such justice or justices of the peace acting for the county, riding, city, town, borough, or division, where such offence, neglect, or default shali happen ; and such order for payment of such costs or charges shall be made, rendering the overplus of such distress and sale (if any) to the party or parties, after deducting the charges for making the same; which warrant such justice or justices is and are hereby empowered and required to grant, upon conviction of the offender, by confession, or upon the oath of one or more credible witness or witnesses, or upon order made as aforesaid ; and the penalties and forfeitures, costs and charges, when so levied, shall be paid, the one half to the informer, and the other half to the overseers of the poor of the parish, township, or place, where the master or mistress of such apprentice shall dwell and inhabit; and in case such distress cannot be found, and such penalties and forfeitures, or the said costs or charges, shall not be forthwith paid, it shall and may be lawful for such justice and justices, and he and they is and are

or

1. The statutes, &c.

No warrant of distress to be issued until six

conviction.

Distress not unlawful for want

Plaintiff not to recover for any

tender of suffi.

made.

Sirthly, of hereby authorised and required, by warrant under his or their hand and seal, settlement by or hands and seals, to commit such offender or offenders, or person or persons apprenticeship. liable to pay the same respectively, to the common gaol or house of correc

tion of the county, riding, city, town, borough, or division, where the offence shall be committed, or such order as aforesaid shall be made, for any time not exceeding three months, unless the said penalty, forfeiture, costs, or charges, shall respectively he sooner paid.”

Sect. 12. “ Provided, nevertheless, That no warrant of distress shall be

issued for levying any penalty or forfeiture, costs or charges, until six days days after the after the offender shall have been convicted, and an order made and served

upon him or her for payment thereof.”

Sect. 13. “ That where any distress shall be made for any sum or sums of form, &c.

of money, to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity may recover a full satisfaction for the special damage in an action on the case.”

Sect. 14. " That no plaintiff or plaintiffs shall recover in any action for irregularity, if

any such irregularity, trespass, or wrongful proceedings, if tender of such

amends shall be made by or on the behalf of the party or parties who cient amends be shall have committed, or caused to have been committed, any such irre

gularity or wrongful proceedings, before such action brought; and in case no such tender shall have been made, it shall and may be lawful for the defendant, in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings or orders and judgments shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.”

Sect. 15. “That where any oath hereby required and directed to be minister oaths.

taken, the justice or justices of the peace of the county, riding, city, town, borough, or division, where the offence shall be committed, shall adminisster, and he or they is and are hereby respectively empowered to administer

the same.” Persons aggriev- Sect. 16. “That if any person shall think himself or herself aggrieved ed may appeal,

by any thing done by any justice or justices of the peace, in pursuance of this act, such person may appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the county, riding, city, town, borough, or division, wherein the cause of such complaint shall arise, having first entered into a recognizance, with sufficient surety, before such justices, to prosecute and abide by the order or orders that shall be made on such appeal, and also giving, or causing to be given, to the justice by whose act or acts such person shall think himself or herself aggrieved, notice in writing of his or her intention to bring such appeal, and of the matter thereof, within six days after the cause of such complaint shall have arisen."

Sect. 17. “That this act shall be deemed, adjudged, and taken to be a public act; and be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.” (See also 56 Geo. III. c. 139, post, 447.)

Justices to ad

&c.

Public act.

Form of indenture to a chimney-sweeper.

The Schedule to which the Act refers.
This Indenture, made the day of

in the year of the reign of our sovereign Lord, George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, $c., and in the year of our Lord

between A. B. and C. D., churchwardens and overseers of the poor of the parish of in the county of [or, E. F., the father or neri friend of the boy to be placed out, as the case may be), of the one part, and of the parish of

in the county of chimney-sweeper, of the other part, witnesseth, That the said churchwardens and overseers of the poor [or, the said E. F., as the case may be), by and with the consent and approbation of G. H. and I. K., he being &c.

two of his Majesty's justices of the peace acting in and for the county, riding, city, Sirthly, Of town, borough, or division (as the case may be], signified as hereunder written, settlement by put, bound, and by these presents

put and bind

opprenticeship. a poor boy of the said parish, township, or place, being of the age of

1. The statutes, years (as the case may be), to be apprentice to the said his first, second, third, fourth, fifth, [or) sixth apprentice (as the case may be), to learn the trade, business, art, and mystery of a chimney-sweeper, and with him [or her] lo dwell, remain, and serve,

e, from the day of the date of these presents, for and during the term of years, from hence next ensuing, fully to be complete and ended; during all which time he, the said

apprentice, his said master (or mistress] faithfully shull serve and obey, his or her] secrets keep, and his (or her) lawful commands every where gladly do and perform; he shall not haunt ale houses or gaming-houses, nor absent himself from the service of his said master (or mistress] day or night, without his [or her] leave, but in all things as a faithful apprentice shall behare himself towards his said master (or mistress) and all his (or her] during the said term: And the said

in consideration of the good will which he or she] hath and beareth towards the said apprentice, and of the faithful service so to be performed by him, doth hereby covenant, promise, and agree with the said churchwardens and overseers of the poor (or, the said E. F. as the case may be), that he (or she], the said

his [or her] said apprentice, in the art and mystery of a chimney-sweeper, which he (or she] now useth, shall and will teach and instruct, or cause to be taught and instructed, in the best manner that he (or she] can, and shall and will provide and allow unto the said apprentice, during all the said term, competent and sufficient meat, drink, washing, lodging, apparel, and all other things necessary for the said apprentice: And that the said

erecutors, administrators, or assigns, shall not nor will assign over this present indenture, or the apprentice to be bound thereby, without the consent and approbation, in u riting of two or more such justices of the peace to be signified according to the form of the approbation hereunder written. And whereas, from the nature of the business or employment of a chimney-sweeper, it is necessary for the boys, employed

in climbing, to have a dress particularly suited to that purpose, which dress is only fit for that part of the occupation ; the said

doth hereby also covenant, promise, and agree to and with the said churchwardens and overseers of the poor (or, the said E. F., as the case may be), to find and allow such suitable dress for the said apprentice, as often as need or occasion shall be and require, and provide for, and deliver to the said apprentice, once in every year at least, during the term aforesaid, over and above the said dress proper for climbing, one whole and complete suit of clothing, with suitable linen, stockings, hats, and shoes : And further, that the said

shall and will, at least once in every week, cause the said apprentice to be thoroughly washed and cleansed from soot and dirt, and shall and will require the said apprentice to attend the public worship of God on the Sabbath day, and permit and allow him to receive the benefit of any other religious instruction ; and that the said apprentice shall not wear his sweeping dress on that day: And that the said

shall not nor will compel or oblige the said apprentice to call the streets, or any other places, before seven of the clock in the morning, nor after twelve of the clock at noon, between Michaelmas and Lady-day, nor before five of the clock in the morning, nor after twelve of the clock at noon, etween Lady-day and Michaelmas : And that the said

shall not, nor will at

any

time during the said term, let out his (or her] said apprentice for hire by the day, night, or otherwise, to any other person or persons exercising or using the said trade, nor shall the said

or any person or persons whomsoever by his [or her) directions, require or force him, the said apprentice, to climb or go up any chimney which shall be actually on fire, nor make use of any violent or improper means to force him to climb or go up any such chimney; but shall in all things treat his for her) said apprentice with as much humanity and care as the nature of the employment of a chimney-sweeper will admit of. In witness, 8c. i thother

eih welrutoe
23

Form of Approbation by Justices.
We, the above-named G. H. and I. K., two of his Majesty's justices nf the peace

Form of approba

tion by justices. acting in and for the county, riding, city, town, borough, or division (as the case may he], having inspected and eramined the above-named

[the boy to be placed out or assigned over), do hereby consent to, and approve of his being bound (or assigned orer) as an apprentice, to the above-named

[the master or mistress], according to the terms and stipulations expressed in the abovewritten indenture.

The 32 Geo. III. c. 57, intituled " An act for the further regulations of 32 Geo. 3. c. 57. parish apprentices," enacts, “ That from and after the first day of July, one

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A covenant

1. The statutes, &c. for maintenance

no more than

tinue in force no

months after the death of the mas.

Proviso to that effect to be au. nexed to covenant, but if

covenant to con.

Sixthly, of thousand seven hundred and ninety-two, in case of the death of any master settlement by or mistress of any parish apprentice, during the term of such apprenticeship, apprenticeship. upon the binding out of which apprentice no larger sum than five pounds

bas been or shall be paid, such covenant as is before mentioned for the maintenance of such apprentice, inserted in the indenture of apprenticeship,

by which such apprentice shall have been or shall be bound, shall not conof parish appren- tinue and be in force for and during any longer time than for three calen

dar months next after the death of such master or mistress, and that during five pounds shall

such three calendar months such apprentice shall continue to live with and be given, to con.

serve, as an apprentice, the executors and administrators of such master or longer than three mistress, some or one of them, or such person or persons as such executors

or administrators, some or one of them, shall appoint; and the master or ter, &c.

mistress whom such apprentice shall accordingly serve during the said three calendar months, and also such apprentice shall during that time be subject and liable to all the laws which are or shall be in force for the better government and regulation of masters and parish apprentices; and that in all such parish indentures of apprenticeship as aforesaid, which shall be made from and after the first day of July, one thousand seven hundred and ninety-two, there shall be annexed to the covenant in such indentures to be entered into on the part of the master or mistress of such apprentice, for such maintenance as aforesaid, a proviso declaring, that such a covenant shall not be made to continue and be in force for any longer time than for

three calendar months next after the death of such master or mistress, in omitted, the

case such master or mistress shall die during the term of such apprenticetinue no longer ship; which proviso may be in the form or to the effect mentioned in the in force.

schedule hereunto annexed, marked with the letter A; and in case such proviso shall happen to be omitted in any such indenture, the covenant therein contained on the part of the master, for the maintenance of the apprentice, shall be deemed and taken to continue and be in force for no longer time than for three calendar months next after the death of such master or mistress, in case such master or mistress shall die during the term of such apprenticeship; any ing in any such covenant to the contrary notwithstanding.”

Sect. 2. “That within such three calendar months after the death of such

master or mistress, it shall and may be lawful for any two justices of the ter, two justices peace of the county, city, town, riding, division, or place, where such master may order ap

or mistress shall have died, on application made to them by the widow of prentices to serve the residue such master, or by the husband of such mistress, or by any son or daughter,

brother or sister, or by any executor or executrix, administrator or adminiswith persons of the description

tratrix, of such master or mistress, by indorsement on any such indenture of herein specified, apprenticeship, or the counterpart thereof, or by any other instrument in on application, writing, (which indorsement or instrument may be in the forms or to the

effect mentioned in the schedule hereunto annexed marked with the letters B. and C.), to order and direct that such apprentice shall serve as an apprentice any one of such persons so making such application as aforesaid (such person having lived with, and having been part of the family of, such master or mistress at the time of his or her death) as the said justices shall in their discretion think fit, for and during the residue of the term mentioned in such indenture of apprenticeship; and the person obtaining such order shall declare his acceptance of such apprentice, by subscribing his or her name to such order; and that from and after such order shall be made, the executors and administrators, and the personal assets, estate, and effects of the master or mistress so dying as aforesaid, shall be released and discharged of and from any promise or covenant whatsoever, contained in any such indenture of apprenticeship, on the part of such master or mistress, his cr her executors or administrators, to be done and performed; and the person obtaining the same shall be, and be deemed and taken to be, the master or mistress of such apprentice, in like manner as if such apprentice had been originally bound to such master or mistress; and that such lastmentioned master or mistress, his or her executors and administrators, each and every of them, shall be held and bound by the several promises and covenants contained in any such indenture of apprenticeship on the part of the master or mistress therein named, his or her executors or administrators, to be done and performed, in like manner as if such master or mistress ob

Within three months after the death of a mas.

of their terms

&c.

to extend to sub

end.

order the neces. sary sums for

taining such order as aforesaid had duly executed the counterpart of such Sirthly, Of indenture; and that such master or mistress and apprentice shall be subject settlement by and liable to the several penalties, provisions and regulations which shall apprenticeship. then be in force for the better government and good order of masters and

1. The statutes, parish apprentices; and that all justices of the peace shall have the like &c. powers and authority, with respect thereto, as they shall then have by any act or acts of parliament relating to parish apprentices.”

Sect. 3. “ That all and singular the regulations and provisions herein- Provisions to before made, and directed to take place on the death of the original master take place on the or mistress, shall be deemed and taken to relate to the like event of the ginal master, death of any such subsequent master or mistress, and to their several relations and representatives before enumerated, from time to time, as often sequent ones. as the case shall bappen, during the continuance of the term mentioned in any such indenture of apprenticeship.”

Sect. 4. “ That in case no such application shall be made as aforesaid If no application within three calendar months next after the death of such master or mistress, be made, or the or in case such two justices, to whom any such application as aforesaid shall not think fit that have been made, shall not think fit that such apprenticeship should be con

the apprenticetinued, then the said apprenticeship shall be determined, and the indenture ship should be of apprenticeship and covenants therein contained shall be at an end, in shall be at an like manner as they would have been at the expiration of the term therein mentioned.”

Sect. 5. “ That nothing herein-before contained shall extend, or be con- Act to extend to strued to extend, to any parish apprentice, but to such only as shall be such parish ap

as living with, and shall make part of the family, or shall be in the actual em- shall be living ployment, of such original master or mistress, or of any subsequent master or with the master. mistress appointed under and by virtue of the several provisions of this act at the time of the death of any such masters or mistresses respectively."

Sect. 6. “ That in case any such original master or mistress as aforesaid, Justices may or any master or mistress appointed under or by virtue of this act, shall, during the term of any such parish apprenticeship as aforesaid, or if the maintenance and esecutors or administrators of such masters or mistresses, any or either of clothing of ap. them, having assets, shall, during such three calendar months as aforesaid, levied by disa refuse or neglect to maintain and provide for any such apprentice, according tress. to the terms of such covenant, it shall and may be lawful for any two justices of the peace of the county, city, town, riding, division, or place in which the parish or place shall lie, to which such apprentice shall belong, on complaint of such apprentice, or of the church wardens and overseers of the poor of such parish or place, by warrant under their hands or seals, to levy by distress and sale of the personal estate and effects or assets of such master or mistress respectively, such sum or sums of money as shall be necessary for the maintenance and clothing of such apprentice, and as shall also be necessary to reimburse to the church wardens and overseers of the poor of such parish or place, any sum or sums of money that shall have been reasonably expended by them for that purpose.”

Sect. 7. " That it shall and may be lawful for any master or mistress of Masters may any such parish apprentice as aforesaid, by indorsement on the indenture of assign over apapprenticeship, or by other instrument in writing, by and with the consent the consent of of two justices of the peace of the county, city, town, riding, division, or two justices, place where such master or mistress shall dwell, testified by such justices under their hands, to assign such apprentice to any person who is willing to take such apprentice for the residue of the term mentioned in such indenture of apprenticeship: Provided always, That such person to whom such apprentice is intended to be assigned, shall at the same time, by indorsement on the counterpart of such indenture, or by writing under his or her hand, stating the said indenture of apprenticeship, and the indorsement and consent aforesaid, declare his or her acceptance of such apprentice, and acknowledge himself, herself, his, or her executors and administrators, to be bound by the agreements and covenants mentioned in the said indenture, on the part of the master or mistress of such apprentice to be done and performed ; which indorsement or instrument may be in the forms or to the effect mentioned in the schedule hereunto annexed, marked with the letters D. and E. ; and in such case such apprentice shall be deemed and taken to be the apprentice of such subsequent master or mistress to whom such

&c.

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