5. By an award, or by

gistrates, in consequence of an application to one justices of the of them, founded on gross misconduct on the

peace.

part of the master or of the apprentice; but as this is only a part of the general jurisdiction of justices of the peace over apprentices, given to them by statute, we will consider it in the next chapter.

CHAP. IV.

JURISDICTION OF JUSTICES OF THE PEACE AND

THE SESSIONS, EITHER TO PUT AN END TO THE
APPRENTICESHIP, OR TO PUNISH THE APPREN-
TICE, &c.

THE HE 5 Eliz. c. 4. s. 35. contains this singular provision it constitutes a single justice of the peace a mediator between the parties, and if they submit to his decision it will be binding; and it then enacts, that in case of nonconformity by the master, the justice of the peace cannot compound the matter with him and the apprentice; then the justice shall take bond from the master to appear at the next sessions, at which four at least of the justices shall, if they think meet, discharge the apprentice from his apprenticeship. So that the single magistrate has merely an authority to endeavour to settle the matter amicably between, the parties; but in case of a disagreement by the master, the parties must resort to the sessions, who indeed may be applied to in the first instance (a). In the case of parish apprentices and others, with whom a greater premium than five pounds has not been paid, a power is given to two magistrates to discharge the apprenticeship, by 20 Geo. 2. c. 19. It was doubted originally, whether the power of discharge, given by 5 Eliz. c. 4. was not to be

(a) 1 Saund, 316, n. 4.

confined to apprentices in trade, specifically mentioned in that statute. But the law is now settled, that it extends to every description of apprentices (b), and this, though bound for a less term than seven years, where the apprentice surreptitiously absents himself from that service (c). We will now consider these provisions more in detail. By 5 Eliz. c. 4. s. 35. "And if any master shall "misuse or evil entreat his apprentice, or the apmay adjust "prentice shall have any just cause to complain, disputes between a mas❝or the apprentice do not his duty to his master, "then the master or apprentice being grieved, and

Any justice

where the

master dwells

ter and his

apprentice.

If the justice cannot adjust

the parties

66

having cause to complain, shall repair unto one justice of peace within the 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 wis"dom and discretion take such order and direc"tion between the master and his apprentice, as "the equity of the cause shall require."

By 5 Eliz. c. 4. s. 35. "And if for want of good such dispute," conformity in the master, the justice of peace, be may bind << or the mayor or head officer cannot compound over to ap- " and agree the matter between him and his apnext sessions." prentice, then the justice, or the mayor or other "head officer, shall take bond of the master, to

pear at the

appear at the next sessions then to be holden in

the county, or within the city, town corporate, or market town, to be before the justices of the "said county, or the mayor or head officer of the

(b) 1 Saund. 316. n. 3.-1 (e) Ante, 33. 80.

Stra, 663.-1 Nolan. 344.

"town corporate or market town, if the master "dwell within any such."

66

may by order

and seal dis

prentice from his indentures

in the master.

By 5 Eliz. c. 4. s. 35. "And upon his appear- The sessions ance, and hearing of the matter before the jus- under hand tices, or the mayor or other head officer, if it be charge the apthought meet unto them to discharge the apprentice of his apprenticehood, then the justices, for a default "or four of them at least, whereof one to be of "the quorum; or the mayor or head-officer, with "the consent of three other of his brethren, or "men of best reputation within the city, town corporate, or market town, shall have power by 'authority hereof, in writing under their hands " and seals, to pronounce and declare that they "have discharged the apprentice of his appren"ticehood, and the cause thereof; and the writ

'ing so being made and inrolled by the clerk of 66 the peace, or town clerk, amongst the records "that he keepeth, shall be a sufficient discharge for the said apprentice against his master, his executors and administrators; the indenture of "the said apprenticehood, or any law or custom "to the contrary notwithstanding."

for miscon

By 5 Eliz. c. 4. s. 35. "And if the default shall The sessions may punish "be found to be in the apprentice, then the jus- an apprentice tices, or the mayor or other head officer, with duct. "the assistance aforesaid, shall cause such due "correction and punishment to be ministered unto him, as by their wisdom and discretions shall be thought meet.",

'દ

By 5 Eliz. c. 4. s. 47. "If any servant or ap- Justicesof the prentice of husbandry, or of any art, science, &

peace, or

may issue a

cupias to apprehend an apprentice who shall run

away from his master, and

may imprison"

him until he give security for his good behaviour.

Two justices of the place where the

master dwells

may, on the

complaint of

for ill usage,

or occupation aforesaid, unlawfully depart (d) or flee into any other shire, it shall be lawful to the justices of the peace, and to the mayors, bailiffs, and other head officers of cities and towns corporate for the time being, justices of peace there, to make and grant writs of capias, so many and such as shall be needful, to be di"rected to the sheriffs of the counties, or to other "head officers of the places whither such servants "or apprentices shall so depart or flee, to take "their bodies returnable before them at what "time shall please them; so that if they come by "such process that they be put in prison till they "shall find sufficient surety well and honestly to "serve their masters, mistresses, or dames, from "whom they so departed or fled, acording to the "order of the law (e).

By 20 Geo. 2. c. 19. s. 3.. "It shall and may "be lawful to and for any two or more justices of "the peace of the county, riding, city, liberty, an apprentice "town corporate, or place where such master or &c. by his "mistress shall inhabit, upon any complaint or application by any apprentice put out by the parish, or any other apprentice upon whose "binding out no larger a sum than five pounds

master, hear the parties, and discharge such appre uce from his indentures.