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CHAPTER XIII.

MISCELLANEOUS DUTIES OF JUSTICES.

BESIDES the ordinary duties of Justices of the Peace imposed upon them by the Common Law, and the general statutory provisions affecting them, already set out in a former part of this work, there are various Ordinances and Acts of the Colonial Legislature, which, besides creating offences, grant particular powers to Justices of the Peace, or prescribe certain duties to be performed by them.

A digest of the most important of these enactments will be found alphabetically arranged in the following pages.

N.B. It must be remembered, with respect to the powers and duties of Justices of the Peace, created by Ordinances passed before "The Constitution Act, 1852," that the Provincial Councils have power to make local Acts (except on the subjects prohibited by section 19 of the Constitution Act), (1) at variance with those Ordinances.

An index to the principal Ordinances of the different Provinces will be found at the end of the Appendix.

ADULTERATION OF FOOD AND DRINK.

See Alphabetical Digest, "Summary Convictions," Tit. Adulteration.

See Licensing.

ALEHOUSES.

APPRENTICES.

§ 1218. By the Statute Law of England, numerous pro- Law of visions are made for regulating the relations between masters England. and apprentices, in various trades and occupations, and especially in the case of paupers, which are obviously inapplicable to the Colony.

(1) See Appendix, p. 3, in note.

Act 1865, No. 45, s. 2.

Sec. 3.

§ 1219. In "The Destitute Persons' Relief Ordinance," Sess. VII., No. 9, (1846,) provisions were made for the apprenticing of illegitimate children under direction of Justices of the Peace. Those provisions have been since repealed by "The Master and Apprentice Act, 1865," the contents of which are as follows.

Interpretation § 1220. In the construction of the Act, the word "master" is to mean any person to whom any child shall be bound apprentice by indenture, or by assignment of indenture, unless there be something in the context repugnant to such construction.

Exemptions.

General powers over apprentices. Sec. 4.

Government apprentices. Sec. 5.

The provisions of the Act are not to apply to articled clerks of attorneys or solicitors; or the clerks or apprentices of persons engaged in teaching any professional or scientific pursuits; or to apprentices on whose binding a fee or premium greater than £30 has been bona fide paid; or in cases where the indenture contains a clause expressly exempting the parties from the operation of the Act.

§ 1221. The 4th section of the Act enacts that all masters of apprentices in New Zealand are to have the same powers over apprentices as masters have by the law of England,(1) and are to be amenable and responsible for the due performance of their contract, as masters are by the law of England, s far as applicable to New Zealand, and not inconsistent with the provisions of the Act.

§ 1222. Any officer of the Government who has the special direction or control of persons of any particular trade or calling, may take as many apprentices as he may require, to serve under him and his successors in office in the employ

(1) This means, of course, in addition to the remedy for a breach of core nant in the indenture. By the law of England, masters are entitled to the services and earnings of their apprentices. They have power to administer moderate corporal correction upon their apprentices for negligence or other misbehaviour (being punishable, however, for ill-usage, and neglect to find them proper food-See "The Offences against the Person Act, 1867,” s. 23) ; and they may bring an action against a person enticing away or harbouring their apprentices.

ment of Government, for a term of not less than three years, nor more than seven, in such arts or trades as he may deem expedient. (1)

Sec. 6.

§ 1223. Before such apprentice shall be bound as afore- Indentures. said, an indenture of apprenticeship is to be executed by his parent or guardian; or, if he have no parent or guardian living, by two Justices residing near the district where the apprentice is residing, and by the apprentice on the one part, and by the Government officer on the other part.

The indenture is to specify the particular art or trade in which the apprentice is to be initiated and employed.

Such indenture is to bind the apprentice, and the Government officer and his successors in office.

Sec. 7.

§ 1224. With respect to children maintained in charitable Orphan institutions, it is enacted that the persons who have the con- apprentices. trol or management of any orphan school, or any public institution of an eleemosynary nature, may from time to time nominate and return to the Colonial Secretary the names of persons who may bind children under such control or management, as apprentices, and may change such nomination from time to time.

§ 1225. The persons so nominated, if approved of by the May be bound. Colonial Secretary, shall be capable of binding such children Ibid. as apprentices; and they may, if they think fit, bind, by indenture, children above the age of twelve years, under the care and control of their respective institutions, to be apprenticed to any farmer, householder, tradesman, or other person exercising any art or manual occupation, for a term not exceeding five years.

The term is to expire when the apprentice attains the Period. age of nineteen; or in case of a female, when she marries with the consent of those who by law have power to give consent to the marriage of minors.

(1) Quære, To what classes of persons is this definition intended to apply?

Indentures.

Sec. 8.

Covenants.

Who may take

Sec. 9.

Parties to indentures. Sec. 10.

§ 1226. Before any child is bound under the last provision of the Act, an indenture is to be executed by the person nominated and approved as above mentioned on the one part, and the master to whom the child is to be bound on the other part; and is to be binding on both child and master.

It must contain a covenant on the part of the master that during the term of apprenticeship he will provide the apprentice with sufficient suitable food, clothing, and bedding,and that the apprentice shall attend Divine service, when practicable, at least once every Sunday, and shall have particular attention paid to his morals; and also that the master shall pay into a Savings Bank in the Colony, in the name of the apprentice, the yearly sum of two pounds if a male, and thirty shillings if a female, for each of the last three years of the apprenticeship, when the term is for five years, to be paid to the apprentice, with interest, at the expiration of the term of apprenticeship.

§ 1227. The Act empowers any farmer, householder, tradesman, or other person exercising any trade, art, or manual occupation, to take any apprentice above the age of twelve years, by indenture in writing, to be instructed in his trade, art, or occupation, for a term not exceeding five years, but which is to expire when the apprentice attains the age of nineteen years, or in case of a female when she marries with the consent of those who are by law authorized to give consent to the marriage of minors.

§ 1228. Such last-mentioned indenture is to be executed, of the one part by the parent or guardian of the apprentice,— or if he have none, by two Justices residing in or nearest to the district where the apprentice resides,-and by the master of the other part. The indenture is to contain such covenants and provisoes as are usually inserted in the indentures of such apprentices in England. (1)

(1) The covenants usual in English indentures will be found in the Form No. 191 in the Formulary, taken from Burn's "Justice of the Peace."

§ 1229. With regard to children who have been deserted Deserted or left without adequate means of support, it is enacted children, apprentices. that when any order has been made for the maintenance Sec. 11. of the child, under the provisions of any Act enabling Justices to make orders for maintenance of such children, any two Justices may, with the consent of either of the child's parents, if alive and within the Colony,-and if otherwise, without such consent,-bind the child, if above the age of twelve years, by indenture, to be apprenticed to any such person as above mentioned for a term not exceeding five years, but which is to expire as above mentioned.

Such binding is to be as effectual as if the child had been of full age, and had bound himself.

§ 1230. The assignment of such indenture as above Assignment of mentioned is provided for as follows:

The master, or his executors or administrators, in the event of his death, may, by indorsement on the indenture, or by any other instrument in writing, with the consent of two Justices in writing under their hands, assign his apprentice to any fit and proper person ready and willing to take him, for the residue of the term; and the person to whom the apprentice is assigned, must, at the same time, by indorsement on the counterpart of the indenture, or by writing under his hand stating the indenture and the first-mentioned indorsement and consent, declare his acceptance of the apprentice, and acknowledge himself, his executors and administrators, to be bound by the agreements and covenants on the part of the master, contained in them.

The apprentice is thereupon to be deemed and taken to be apprenticed to the subsequent master to all intents and purposes.

indentures. Sec. 12.

Sec. 13.

§ 1231. No master is to put away or transfer his apprentice Transfer or to another, or in any way to discharge or dismiss him from discharge. his service, without the consent of two Justices, under the penalty of £10.