forth take or newly retain any apprentice contrary to the tenor and true meaning of this Act, shall forfeit and lose for every apprentice so by him taken the sum of ten pounds. 'XLII. And because there hath been and is some question and scruple "moved, whether any person being within the age of one and twenty years, and bounden to serve as an apprentice in any other place than in the said city of London, should be bounden accepted and taken as an 'apprentice ;' years is compellable to serve. XLIII. For the resolution of the said scruple and doubt, be it enacted by authority of this present Parliament, That all and every such person or persons that at any time or times from henceforth shall be bounden by indenture to serve as an apprentice in any art science occupation or labour, according to the tenor of this estatute and in manner and form aforesaid, albeit the same apprentice or any of them shall be within the age of one and twenty years at the time of the making of their several indentures, shall be bounden to serve for the years in their several in. dentures contained, as amply and largely to every intent as if the same apprentice were of full age at the time of the making of such indentures; any law usage or custom to the contrary notwithstanding. (14) No. I. 5 Eliz. C. 4 He that is Age of xxj. XLIV. Provided always, and be it enacted by the authority aforesaid, A Proviso for That the inhabitants now dwelling or inhabiting or that hereafter shall the Inhabitants dwell or inhabit within the town of Godalming within the county of of Godalming, Surrey, within the limits of the watch of the said town, may use and in Surrey. exercise such arts mysteries and occupations, and take and use apprentices and servants in such manner and form as the inhabitants within market-towns by this statute may lawfully do. XLV. Provided always, and be it enacted by the authority aforesaid, Who shall have That all manner amerciaments fines issues and forfeitures which shall the Forfeiture arise grow or come by reason of any offences or defaults mentioned in in Cities and this Act or any branch thereof within any city or town corporate, shall Towns Corpobe levied gathered and received by such person or persons of the same city or town corporate as shall be appointed by the mayor or other head officers mentioned in this said Act, to the use and maintenance of the same city or town corporate, in such case and condition as any manner (14) This Clause seems sufficiently explicit with respect to the obligatory force of contracts of apprenticeship entered into by infants, conformably to the regulations of the Statute; but in the case ex parte Davies, 5 T. R. 715. a woman, who had been bound for seven years, having attained the age of twenty-one, was discharged on Habeas Corpus; and Lord Kenyon said, "Every indenture of an infant is voidable at his election. But when the binding is under the authority of an Act of Parliament, that takes away the power of electing to vacate the indentures. But I know of no Act which prohibits the party, in a case like the present, to make such election upon her coming of age. The Apprentice ought not to have been bound longer than till she was twentyone, and we ought now to discharge her."-In ex parte Gill., 7 East. 376. an apprentice having applied for a Habeas Corpus, after being committed under the authority of 20 G. II. c. 19, notwithstanding he objected that the indenture was not obligatory after he came of age, the Court held, that he must be remanded; and that, however the circumstances laid before the Court by affidavit might, if well founded, be matter of defence against the charge before the Magistrates, they could not be then examined by the Court; that if the defence had been made before the Magistrates, and they had disregarded it, the party had rate. a remedy against them; but that the Court had no authority to discharge the Apprentice from his indentures and that there was a mistake in that respect in the report of Davis's case; the judgment of the Court there being, that "the Apprentice should be discharged out of the custody of her master, in whose custody she was when brought up before the Court." Upon revising these authorities, I cannot help thinking that it would have been more accurate to have said, that Davis's case was hastily and improperly decided, than that it was erroneously reported; as there is no trace of any other custody than that controul which a master regularly has over his Apprentice; and the whole tenor of the judgment applies to the power of rescinding the contract, and not to any complaint of improper confinement and coercion. The power under Statute 43 Eliz. c. 2. (see the next Number of this Class) of binding poor apprentices, is with respect to women confined to 21, or marriage; but so far is there from being any thing in the Statute 5 Eliz. with respect to Apprentices in general, to indicate such restriction, that by Section 25 it is provided, that the Apprentices there mentioned shall be bound until the age of 21 years at the least, or 24 years, as the parties can agree; and by Section 26, the party is to be bound to the age of 24 years at least. other amerciaments fines issues or forfeitures have been used to be used to be levied and employed within the same city or town corporate, by reason of any grant or charter from the Queen's Majesty that now is or of any her Grace's noble progenitors, made and granted to the same city borough or town corporate; any thing or clause before-mentioned and expressed in this Act to the contrary notwithstanding. XLVI. Provided always, that this Act or any thing therein contained shall not extend to any lawful retainings or covenants had or made before the making of this Act, but that all and every the parties to such retainings or covenants shall and may have the same and like advantages of such retainings and covenants and of the statutes heretofore in that behalf provided as if this Act had never been had or made; any clause of repeal or other matter whatsoever in this Act to the contrary in any wise notwithstanding. XLVII. And be it further enacted by the authority aforesaid, That if any servant or apprentice of husbandry or of any art science or occupation aforesaid unlawfully depart or flee into any other shire, that it shall be lawful to the said justices of peace and to the said 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 directed 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 may 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, according to the order of the law. (15) XLVIII. Provided always, That it shall be lawful to the high constables of hundreds in every shire to hold keep and continue petty-sessions otherwise called statute-sessions within the limits of their authorities, in all shires wherein such sessions have been used to be kept in such manner and form as heretofore hath been used and accustomed, so as nothing be by them done therein contrary or repugnant to this present Act. (16) (15) Vide 16 East. 13. (16) It was omitted to notice at the proper place, with reference to Section VI. and XIV., that the power of rating wages is held to give, by implication, a power of recovering them before Justices of Peace. R. v. Gouche, 2 Salk. 441. But this power, as well as the power of discharge, (Sect. VI.) is confined to the case of servants in husbandry; and it must appear on the face of the order that it was a service in husbandry. R. v. Welling, 1 Str. 8.-R. v. Clegg, 1 Str. 475.R. v. Hulcot, 6 T. R. 583.—As to the power of discharging the servant for insanity, see the last mentioned case of R. v. Hulcot. D. [ No. II. ] 43 Eliz. c. 2.—An Act for the Relief of the 43 Eliz. c. 2. Binding of Poor. (1) V. AND be it further enacted, That it shall be lawful for the said churchwardens and overseers or the greater part of them, by the assent of any two justices of the peace aforesaid, to bind any such children as aforesaid to be apprentices where they shall see convenient till such man-child shall come to the age of four and twenty years and such woman-child to the age of one and twenty years or the time of her marriage; the same to be as effectual to all purposes as if such child were of full age and by indenture of covenant bound him or herself. (1) See this Act at large with Notes, post title Pook. [No. III. ] 7 James I. c. 3.—An Act for the Continuing and better Maintenance of Husbandry and other No. III. manual Occupations, by the true Employment of Monies given and to be given for the Binding out of 7 James I. Apprentices. [No. IV. ] 8 & 9 William III. c. 30.-An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom. (1) c. 3. P. V. AND whereas by an Act made in the three and fortieth year of 8 & 9 Will. III. the reign of Queen Elizabeth, intituled An Act for the Relief c. 30. Poor Children bound Appren tices pursuant to the Act 43 Eliz. c. 2. those to whom they are bound to pro of the Poor, it is amongst other things enacted, That it shall be lawful 43 Eliz. c. 2. for the churchwardens and overseers of the poor of any parish or the greater part of them, by the assent of two justices of the peace whereof one to be of the quorum, to bind poor children apprentices where they 'shall see convenient; but there being doubts whether the persons to whom such children are to be bound are compellable to receive such chil'dren as apprentices, that law hath failed of its due execution:' Be it therefore enacted and declared by the authority aforesaid That where any poor children shall be appointed to be bound apprentices pursuant to the said Act, the person or persons to whom they are so appointed to be bound shall receive and provide for them according to the indenture signed and confirmed by two justices of the peace and also execute the other part of the said indentures; and if he or she shall refuse so to do, oath being thereof vide for them made by one of the churchwardens or overseers of the poor before any according to the two of the justices of the peace for that county liberty or riding, he or Indenture signshe for every such offence shall forfeit the sum of ten pounds to be levied ed by the Jusby distress and sale of the goods of any such offender by warrant under tices, &c. the hands and seals of the said justice, the same to be applied to the use Penalty on Of of the poor of that parish or place where such offence was committed; fender. saving always to the person to whom any poor child shall be appointed Persons to to be bound an apprentice as aforesaid, if he or she shall think themselves aggrieved thereby, his or her appeal to the next general or quarter Children are sessions of the peace for that county or riding, whose order therein shall bound being agbe final and conclude all parties. grieved may appeal to the Justices. (1) See this Act at large, with Notes post title Poor, Vol. 8. [ No. V. ] 2 & 3 Anne, c. 6. -An Act for the Increase of Seamen, and better Encouragement of Navigation, and Security of the Coal Trade. [This Act contains several regulations with respect to binding Apprentices to the sea service, which, on account of the limited nature of the whom young subject, it is not thought material to insert. They are fully stated in Burn, title Apprentices.] [No. VI. ] 20 George II. c. 19.-An Act for the better Adjusting and more easy Recovery of the Wages of certain Servants; and for the better Regulation of such Servants, and of certain Apprentices. 20 Geo. II. c. 19. WHEREAS the laws now in being for the better Regulation of Servants, and for the Payment of Wages to them, and to Artificers 'Handicraftsmen and Labourers, are insufficient and defective:' For re- 5 Eliz. c. 4. medy whereof, Be it enacted by the King's most excellent Majesty, by 1 Jac. 1. c. 6. and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the autho rity of the same, That from and after the twenty-fifth day of March Differences to which will be in the year of our Lord one thousand seven hundred and be determined forty-seven, all complaints differences and disputes which shall happen by a Justice of Peace. No. VI. 20 Geo. II. c. 19. Justices to examine Servants, &c. upon Oath, and make order for payment of Wages due, if under a certain Sum. On Non-payment to be levied by Distress and Sale. Justices to hear mayor and arise between masters or mistresses and servants in husbandry who II. And be it further enacted by the authority aforesaid, That it shall Master's Com- and may be lawful to and for such justice or justices upon application or plaints on Oath; complaint made upon oath by any master mistress or employer, (3) against any such servant artificer handicraftsman miner collier keelman pitman glassman potter or labourer, touching or concerning any misdemeanor miscarriage or ill-behaviour in such his or her service or employment (which oath such justice or justices is and are hereby empowered to adand to punish minister) to hear examine and determine the same; and to punish the offender by (4) commitment to the House of Correction, there to remain the Offender. (1) This provision extends to all labourers in general, as well as those in the particular occupations mentioned; and includes the case of a person sinking a well, to be paid by the piece. See Lowther v. the Earl of Radnor. 8 East. 113. Some objections having been made in consequence of provisions in subsequent Acts, appearing to interfere with this construction, Lord Ellenborough said, "The true answer seems to be, that at the time of passing one Act the Legislature has not always had every other Act containing provisions bearing upon the same subject, brought under its consideration. (2) Replevin cannot be maintained for goods distrained by virtue of a warrant from a Magistrate who has competent jurisdiction under the statute of labourers, (20 Geo. II. c. 19. s. 1.) to issue a warrant of distress and sale on refusal of the party to pay, nor can the question of a Magistrate's jurisdiction be tried in such an action; and therefore it cannot be pleaded in bar to a recognisance made under such warrant, that the labourer did not duly make oath before the Magistrate that the sum claimed was due to him for wages, nor that such sum was not due. Wilson v. Weller. 3 Moore, 294, s. c. Taunt. & Brod. 57. (3) The employer is the person on whose service the employment is, and not the bailiff, though the contract of hiring may have been personally with the bailiff. R. v. Hoseason 14. East. 605. (4) Under the Stat. 20 Geo. II. c. 19. s. 2. for regulating servants in husbandry artificers and other labourers there mentioned, if a justice of the peace, upon a complaint made to him of the misconduct of such persons in their employments, sentence the offender to be committed to the house of correction for a time not exceeding one calendar month, he must if he intend to proceed upon that statute also sentence him there to be corrected and held to hard labour; but the statute gives the justice an option to punish the offender in that manner or otherwise by abating part of his wages or by discharging him from his employment. And the meaning the terms " there to be corrected," is to be understood of a correction by whipping. But this latter punishment cannot be inflicted upon the like offender under the Stat. 6 Geo. III. c. 25. which enables the justice to commit the offenders to the house of correction for any time not exceeding three months nor less than one month; nor can the punishments inflicted by the two Acts be blended. Rex v. Hoseason, 14 E. R. 605. c. 19. and be corrected, (5) and held to hard labour for a reasonable time not No. VI. exceeding one calendar month, or otherwise by abating some part of his or her wages, or by discharging such servant artificer handicraftsman 20 Geo. II. miner collier keelman pitman glassman potter or labourer, from his her or their service or employment: And in like manner also it shall and may be lawful to and for such justice or justices, upon any complaint or applica- Justices to hear tion upon oath by any such servant artificer handicraftsman miner collier Servants' Comkeelman pitman glassman potter or other labourer, against such master plaints on Oath, mistress or employer, touching or concerning any misusage refusal of necessary provision cruelty or other ill-treatment of to or towards such servant artificer handicraftsman miner collier keelman pitman glassman and to summon potter or other labourer, and to summon such master mistress or em- the Master, &c. ployer to appear before such justice or justices at a reasonable time to be prefixed in such summons; and such justice or justices shall and may examine into the matter of such complaint, whether such master mistress or employer shall appear or not; proof being made upon oath of his or her and upon satisbeing duly summoned; and upon proof thereof made upon oath to his or factory Proof to their satisfaction, to discharge such servant artificer handicraftsman discharge the miner collier keelman pitman glassman potter or other labourer, of and Servant. from his said service and employment; which discharge shall be given under the hand and seal or hands and seals of such justice or justices gratis. (6) III. And be it further enacted by the authority aforesaid, That it shall Justices on and may be lawful to and for any two or more such justices, upon any Complaint of complaint or application by any apprentice put out by the parish, or any Apprentices, other apprentice upon whose binding out no larger a sum than five pounds of lawful British money was paid, touching or concerning any misusage refusal of necessary provision cruelty or other ill-treatment of or toward such apprentice by his or her master or mistress, to summon such master to summon the or mistress to appear before such justices at a reasonable time to be Master, &c. named in such summons; and such justices shall and may examine into the matter of such complaint; and upon proof thereof made upon oath and upon satisto their satisfaction (whether the master or mistress be present or not, factory Proof, if service of the summons be also upon oath proved) the said justices may to discharge the discharge such apprentice by warrant or certificate under their hands and Apprentice. seals; for which warrant or certificate no fees shall be paid. IV. And be it further enacted by the authority aforesaid, That it shall Justices upon and may be lawful to and for such justices, upon application or complaint Complaint of made upon oath by any master or mistress (7) against any such appren- Masters against tice, touching or concerning any misdemeanor miscarriage or ill-beha- Apprentices, viour in such his or her service (which oath such justices are hereby and Proof upon empowered to administer), to hear examine and determine the same and Oath, to punish to punish the offender by commitment to the House of Correction, there the Offender by to remain and be corrected and held to hard labour for a reasonable time Commitment, (3) Correction means corporal punishment by whipping, and is a necessary part of the judgment. A commitment to the House of Correction, there to be corrected, imports correction by whipping; but under the Statute 6 Geo. III. c. 25. (the next number) which authorises a commitment for not more than three months or less than one, bodily correction is no part of the sentence. Hoseason, ub. supr.-The commitment must state that the party was convicted, not merely that he was charged. R. v. Cooper, 6, T. R. 509. Rex v. (6) Where a servant under a yearly hiring served two months and was then committed and imprisoned under the Stat. 20 Geo. II. c. 19. for misbehaviour to his master, and at the instance of his master, and after nine days' imprisonment, was upon the application of his master discharged and returned VOL. VII. &c. to him and served him as before, and no mention was made of the terms on which he was to serve, and he served in the whole from the time of the hiring for about nineteen months: Held: That the commitment and imprisonment were not a dissolution of the service, as to prevent a settlement; and therefore he gained a settlement by such hiring and service although he was married when he returned to his master, and received no wages for the time he was in custody. Rex v. Barton-upon-Irwell. (Julial.) 2 M. & S. 329. (7) The application must be made by the master or mistress, but it may be verified by the oath of any other person who knows the fact complained of. Finlay v. Joule, 12 East. 248. E |