and make order to au thorize the binding; which must No child to be bound beyond 40 and inquiry, they be satisfied of the propriety of binding the child in the manner proposed, they shall make an order which shall authorise the binding accordingly, which order shall be referred to, by the date thereof, and the names of the justices, in the be referred to indenture of apprenticeship1 of such child; and after in indenture. such order shall have been made, such justices shall sign their allowance (approval) of the indenture, before the same shall be executed. Provided always, that no such child shall be bound apprentice to any person residing, or carrying on trade, out of the same parish above county, at a greater distance than forty miles from 40 miles from the parish or place to which such child shall belong, unless such parish or place be more than forty miles from the city of London, in which case the justices may authorize the apprenticing of such child by a Special order special order, in which they shall distinctly specify in the latter the grounds on which they decide on such apprenticing. miles out of county, unless London. case. Indenture to tices of county, &c. prentice is bound, as well as by two of the county, &c. from bound. Sect. 2. That in all cases where the residence or be approved by two jus- place of business of the person to whom any such child shall be bound, shall be within a different in which ap- county or jurisdiction of the peace from that within which the place from whence such child is bound shall be situate, and in all other cases where the justices shall not have jurisdiction, every indenture which he is (after the 1st Oct. 1816) shall be allowed not only by two justices of the county or district of the child's parish, but also by two justices of the county or district within which the place shall be situated Exception as wherein such child shall be intended to serve: Provided always, that no such indenture shall be allowed by any justice of the peace for the county into which such child shall be bound, who shall be engaged in the same business in which the proposed master is Notice to be engaged; and notice shall be given to the overseers to certain justices. 1 "It has been held," says Mr. Steer," that the part of the act which requires that the order of justices be referred to in the indenture by the date thereof is compulsory, and that an indenture in which the date of the order is omitted is void and no settlement is gained by serving under it." Rex v. Dawbergh, 2 Barn. & Cres. 222.; 3 Dowl. & Ryl. 338. where child of the poor of the parish in which such child shall be in- given to the tended to be apprenticed1, before any such justice shall overseers, &c. allow the indenture; which notice shall be proved is to serve. before such justice shall sign the indenture, unless one of the overseers attend and admit such notice. county jus valid in Sect. 3. That the allowance of two justices for The allowthe county within which the place in which such ance of child shall be intended to serve an apprenticeship tices to be shall be situate, shall be valid and effectual, although towns, &c. such place may be situate in a town or liberty within having exwhich any other justices of the peace may in other diction. respects have exclusive jurisdiction. clusive juris to be limited Sect. 4. enacts, that inasmuch as there are several Distance not cities and boroughs which are counties of themselves, to cities being and several districts situated without the limits of counties of themselves. the county to which such districts respectively belong, the distance to which parish apprentices may be bound shall not be construed to be limited to such cities and boroughs being counties, but shall extend to the county in which any such city and borough, and any such district, though belonging to another county, shall be locally situated. Sect. 5. That no settlement shall be gained by the apprenticeship of any child, bound by the officers of any parish, unless such order shall be made, and such allowance signed, as before directed. No settle ment to be gained with out order and signature of justices. overseers Sect. 6. That in case overseers shall bind an Penalty on apprentice without such order and authority, and in binding concase any person shall so receive such apprentice, such trary thereto. overseers and persons shall each respectively forfeit the sum of ten pounds for each apprentice so bound, to be recovered as hereinafter directed. be bound Sect. 7. That, after the said 1st Oct. 1816, it shall No child to not be lawful for any parish officers to bind out any under 9 child as parish apprentice before the age of nine years. years old. Sects. 8, 9, 10, relate to the assignment and discharge of parish apprentices, for which see p. 11. Sect. 11. That inasmuch as the salutary provi- Recital of sions contained in an act passed in the 43d year of If this notice be not properly given, it seems doubtful whether the indenture would not be void. 3 Barn. & Cres. 59, 43 Eliz. the reign of Elizabeth, entitled "An act for the Relief of the Poor," are frequently evaded in the binding out of poor children, and the premium of apprenticeship, or a part thereof, is clandestinely provided by parish officers, who are thus enabled to bind out poor children without the sanction of jusNo indenture tices; be it enacted, that, after the said 1st Oct. of apprentice1816, no indenture of apprenticeship, by reason of ship at the expence of which any expense whatever shall at any time be inparish to be curred by the public parochial funds, shall be valid, unless approved of by two justices under their hands and seals1, according to the provisions of the said act, and of this act. valid, unless approved by two justices. How penalties to be sued for. How to be applied. To be reco vered, if not tress and sale. paid, by dis If not sufficient distress, offen der may be committed for not more than six months. Justices may Sect. 12. That all penalties and forfeitures hereby imposed shall be recovered by information before any two justices of the county or district where the offence shall be committed. Sect. 13. That the justices before whom any such penalty may be recovered, may direct the same, deducting costs of proceedings, to be paid and applied either to the informer, or to the overseers of the poor of the parish in which such offence shall have been committed, or for the use of the poor of the parish into which such apprentice shall be bound, or in the binding of such apprentice to any other person, or for any one or more of such purposes. Sect. 14. In case of non-payment of such penalty, the same shall be levied by distress and sale, by warrant under the hands and seals of the justices before whom the offender shall have been convicted, or of any other two justices of the same county or district; and for want of such distress the offender shall be committed to the common gaol or house of correction, for any period not less than one nor more than six months, as said justices shall appoint. Sect. 15. Prescribes the form of conviction. Sect. 16. That in case any person convicted of preference to any offence against this Act shall not pay the penalty imprison in distraining. 1 Under this section of the act it has been decided, that the sealing of the justices is indispensable, as well as the signing, or the indenture will be void. Rex v. Stoke Daverell, 7 Barn. & Cres. 563. 1 Mann. & Ryl. 458. imposed within one calendar month, the justices convicting, or any other two justices of the same county or district, may issue their warrant for the apprehension and imprisonment of such offender, notwithstanding he or she may have goods or chattels whereby such penalty might have been levied. sidering may appeal Sect. 17. That any person who shall be dissatisfied Persons conwith any act done by any justice in the execution of themselves this Act may appeal against the same to any court aggrieved of general or quarter sessions to be holden for the within three county within which such act shall have been done, months. within three calendar months after the act so complained of, upon giving notice in writing to such justice, and also to the persons who shall be interested in such appeal, within twenty-one days next after the act so appealed against shall have taken place; and, in case such appeal shall be against any conviction, entering into a recognizance, with two sufficient sureties, before any justice of the county or district within which such conviction shall have taken place, to appear at such general or quarter sessions to abide the judgment of the court, and to pay the costs which may be awarded; and the justices at Justices at such sessions shall hear and determine such appeal, hear and and award costs therein; and all such appeals shall determine appeals. be to the sessions of the county within which the act appealed against shall have taken place, and not to any district or liberty within the same. sessions to cluded in act; Sect. 18. That the provisions and penalties herein Churchcontained respecting overseers of the poor shall be wardens indeemed to extend to all churchwardens having the meaning of power and authority of overseers of the poor; and that all provisions respecting any parish or place, shall extend to any incorporated or other district' for the maintenance of the poor; and that the officers of any such district having the power to bind apprentices, shall be subject to all the rules, penalties, &c. respecting overseers. By the 54 Geo. 3. c. 107, an enactment is made 54 Geo. 3. c. to render valid such indentures as are signed by the 107. 1 As to incorporated district apprentices, see further, p. 21. Indentures for binding parish ap prentices in certain townships, &c. made valid. 51 Geo. 3. c. 80. Recital of 43 Eliz. church-wardens, or chapel-wardens, &c. of certain By stat. 51 Geo. 3. c. 80. after reciting whereas by 43 Eliz. c. 2. it is enacted, that the churchwardens of every parish, and four, three, or two substantial householders there, as shall be thought meet, to be nominated yearly in Easter week, or within one month after Easter, in the manner therein directed, shall be overseers of the poor of the same Indentures parish; and that it shall be lawful for the said executed by churchwardens and overseers, or the greater part of them, by the assent of two justices of the peace, to bind poor children apprentices; and that whereas in overseers to divers small parishes two persons only have been annually appointed to act as churchwardens as well as overseers:" it is enacted, "that all indentures heretofore or hereafter to be executed by any such two persons so acting, shall be good and valid. two persons acting as churchwardens and be valid. 1 and 2 Geo. 4. c. 32. Certain in cuted by one By stat. 1 and 2 Geo. 4. c. 32. it is further enacted, that from and after the passing thereof dentures exe- (May 28th, 1821), all indentures for the binding of churchwar- parish apprentices, executed previously thereto by one den, &c. (be church or chapel-warden, acting as such for any parish, &c. in which two had formerly been appointed, shall be good and valid. fore 28 May, 1821) to be valid. 32 Geo. 3. c. 57. indentures in ter or mistress should die. And by stat. 32 Geo. 3. c. 57. it is enacted, that Proviso to be in all indentures of poor apprentices on whose bindinserted in ing no larger a sum than 51. was paid, there shall be case the mas- annexed to the covenant which compels the master or mistress to provide meat, drink, apparel, lodging, &c. for the apprentice during the term of apprenticeship, a proviso declaring that such covenant shall not remain in force for any longer time than three calendar months after the death of such master or endure for 3 mistress, in case he or she die during the term of such Though omit ted, covenant for maintenance, &c. to |