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No. VI.

20 Geo. II.

c. 19.

Persons ag

grieved may appeal. Exception.

Costs not to exceed 40s.

not exceeding one calendar month, or otherwise by discharging such apprentice in manner and form before mentioned. (8)

V. Provided nevertheless, That if any person or persons shall think himself herself or themselves aggrieved by such determination order or warrant of such justice or justices as aforesaid (save and except any order of commitment (9) he she or they may appeal to the next general quarter sessions of the peace to be held for the county riding liberty city town corporate or place where such determination or order shall be made; which said next general quarter sessions is hereby empowered to hear and finally determine the same, and to give and award such costs to any of the respective persons appellant or respondent as the said sessions shall judge reasonable, not exceeding forty shillings; the same to be levied by distress and sale in manner before mentioned.

VI. Provided also, and be it further enacted by the authority aforesaid, No Certiorari. That no writ of certiorari or other process shall issue or be issuable to remove any proceedings whatsover had in pursuance of this Act into any of his Majesty's courts of record at Westminster.

Stannaries not included.

VII. Provided always, That nothing in this Act contained shall extend to the stannaries in the counties of Devon and Cornwall.

(8) This provision is not repealed by Statute 6 Geo. III. c. 25. (the next number), empowering justices to oblige an apprentice to serve the time of absence after the expiration of his term. Gray v. Cookson, 16 East. 12.

(9) There is no appeal against a conviction and order of commitment in execution; which, under this Act, are one and the same thing. R. v. Justices of Staffordshire, 12 East. 572.

See 5 Eliz. c. 4. [ No. VII. ] 6 George III. c. 25.—An Act for better regulating Apprentices, and Persons working under Contract. (1)

6 Geo. III. c. 25.

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Justices empowered to oblige

Apprentice to serve for such

Term as he

shall absent, &c.

WHEREAS persons employed in several manufactories of this kingdom frequently take apprentices who are very young and for seve⚫ral years of their apprenticeships are rather a burthen than otherwise to their masters: And whereas it frequently happens that such apprentices when they might be expected to be useful to their masters absent themselves from their service: And whereas the laws in being are not sufficient to prevent these inconveniences: For remedy whereof, may it please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twentyfourth day of June, one thousand seven hundred and sixty-six, if any apprentice shall absent himself from his master's service before the term of his apprenticeship shall be expired, every such apprentice shall at any time or times thereafter whenever he shall be found be compelled to serve his said master for so long a time as he shall have so absented himself from such service, unless he shall make satisfaction to his master for the loss he shall have sustained by his absence from his service; and so from time to time as often as any such apprentice shall without leave of his master absent himself from his service before the term of his contract shall be fulfilled: And in case any such apprentice shall refuse to serve as hereby required or to make such satisfaction to his master, such master may complain upon oath to any justice of the peace of the county or place where he shall reside, which oath such justice is hereby empowered to administer and to issue a warrant under his hand and seal for apprehending any such apprentice; and such justice upon hearing the complaint may determine what satisfaction shall be made to such master by such apprentice; and in case such apprentice shall not give security to make such satisfaction according to such determination, it shall and may be

(1) See the Notes to the preceding Number,

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lawful for such justice to commit every such apprentice to the house of
correction for any time not exceeding three months.

II. Provided always, That nothing in this Act contained shall extend
to any apprentice whose master shall have received with such apprentice
the sum of ten pounds.*

No. VII.

6 Geo. III.

c. 25.

III. Provided also, That no apprentice shall be compelled to serve for except as to any time or term or to make any satisfaction to any master after the ex- Apprentices piration of seven years next after the end of the term for which such paying 10%. Fee; apprentice shall have contracted to serve; any thing herein contained to or where seven the contrary notwithstanding.

Years shall have

IV. And whereas it frequently happens that artificers callicoe prin- elapsed.
"ters handicraftsmen miners colliers keelmen pitmen glassmen potters See 20 Geo. II.
labourers and others who contract with persons for certain terms do c. 19.
leave their respective services before the terms of their contracts are 32 Geo. II.
fulfilled, to the great disappointment and loss of the persons with c. 11. f. 3.
whom they so contract;' For remedy whereof, be it further enacted Justices em-
by the authority aforesaid, That from and after the said twenty-fourth powered to
day of June one thousand seven hundred and sixty-six, if any artificer grant Warrants
callicoe printer handicraftsman miner collier keelman pitman glassman against Artifi
potter labourer or other person shall contract with any person whomso-cers, &c. not
ever for any time or times whatsoever and shall absent himself from his Contract, &c.
fulfilling their
service before the term of his contract shall be compleated or be guilty
of any other misdemeanour; that then and in every such case it shall and
may be lawful for any justice of the peace of the county or place where
any such artificer callicoe printer handicraftsman miner collier keelman
pitman glassman potter labourer or other person shall be found, and such
justice is hereby authorized and impowered upon complaint thereof made
upon oath to him by the person with whom such artificer callicoe printer
handicraftsman miner collier keelman pitman glassman potter labourer or
other person shall have so contracted or by his or her steward or agent,
which oath such justice is hereby empowered to administer to issue his
warrant for the apprehending every such artificer callicoe printer handi-
craftsman miner collier keelman pitman glassman potter labourer or
other person and to examine into the nature of the complaint; and if it
shall appear to such justice that any such artificer callicoe printer handi-
craftsman miner collier keelman pitman glassnian potter labourer or
other person shall not have fulfilled such contract or hath been guilty of
any misdemeanour, it shall and may be lawful for such justice to com-
mit every such person to the house of correction for the county or place
where such justices shall reside for any time not exceeding three months
nor less than one month.

V. Provided always, That if any person shall think himself aggrieved
by such determination order or warrant of any justice of the peace as
aforesaid except an order of commitment, every such person may appeal
to the next general quarter sessions of the peace to be held for the county Appeal.
or place where such determination or order shall be made; such person
giving six days' notice of his intention of bringing such appeal, and of the
cause and matter thereof, to such justice of the peace and the parties
concerned, and entering into a recognizance within three days after such
notice before some justice of the peace for such county or place, with
sufficient surety, conditioned to try such appeal at and abide the order or
judgment of and pay such costs as shall be awarded by the justices at
such quarter sessions; which said justices at their said sessions, upon
due proof of such notice being given, and of entering into such recog-
nisances as aforesaid, shall and are hereby directed to proceed in hear
and determine the causes and matters of all such appeals; and shall
give such relief and costs to the parties appealing or appealed against, as
they in their discretion shall judge proper and reasonable; and their
judgments and orders therein shall be final and conclusive to all parties
concerned.

VI. Provided also, That nothing in this Act contained shall extend to Stannaries and the Stannaries in the counties of Devon and Cornwall, or to impeach or London. lessen the jurisdiction of the Chamberlain of the city of London, or of

any other court within the said city, touching apprentices.

No. VIII. 18 Geo. III.

c. 47.

18 Geo. III. c. 47.

43 Eliz, c. 2

No Child to continue an Apprentice after the Age of 21.

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[No. VIII. ] 18 George III. c. 47.-An Act to amend such Part of an Act, made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor, as relates to the binding of Parish Apprentices.

WHEREAS in and by an Act made in the forty-third year of the reign of Queen Elizabeth (intituled An Act for the Relief of the 'Poor), it was enacted, That it should be lawful for the churchwardens ' and overseers therein mentioned or the greater part of them, by the assent of any two justices of the peace, to bind the children of all such parents who shall not by the said churchwardens and overseers or the greater part of them be thought able to keep and maintain their chil'dren 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 day of marriage: And 'whereas it has been found by experience that the said term respecting 'men_children is longer than is necessary, and that if such man-child 'was bound to be an apprentice only till he came to the age of one and twenty years, all the benefits intended by the said Act would be pre'served, the hardships brought on such parish apprentices by the length ' of their apprenticeship would be avoided, and the good harmony between master and apprentice would be better maintained;' may it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act when any man-child shall be bound to be an apprentice by virtue of and under the authority of the said Act, made in the forty-third year of Queen Elizabeth, such child shall be bound to be an apprentice for no longer term than till such child shall come to the age of twenty-one years. (1)

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(1) A parish apprentice was before the passing of Stat. 18 Geo. III. c. 47, bound till twenty-four and served till nearly attaining twenty-one, when his master being about to leave the parish and no longer wanting his service told him that he might leave him and go where he liked and shift for himself, but if he could not provide for himself he might return to him; upon which he quitted,

20 Geo. III. c. 36.

and when he was about four months past twentyone bound himself by indenture as apprentice to another master for three years, and served with him the three years: Held: that he did not acquire a settlement by service under the second indenture. Rex v. Bow (Julial.) 4 M. & S. 383.

[ No. IX. ] 20 George III. c. 36.-An Act for obviating Doubts, touching the binding and receiving of poor Children Apprentices, in pursuance of several Acts of Parliament made for the Relief of the Poor within particular incorporated Hundreds or Districts; and for ascertaining the Settlement of Bastard Children born in the Houses of Industry within such Hundreds or Districts.

WHEREAS several Acts of Parliament have of late years been made

and passed for the better relief and employment of the poor in particular incorporated hundreds or districts within that part of Great 'Britain called England, whereby power is given to bind poor children apprentices under certain restrictions therein mentioned: And whereas doubts have arisen whether persons are compellable to receive and pro'vide for such poor children as shall be appointed to be bound appren⚫tices to them in pursuance of the said Acts:' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Par

No. IX.

20 Geo. III.

c. 36.

liament assembled, and by the authority of the same, That from and after the twenty-fourth day of June one thousand seven hundred and eighty, the respective persons to whom any poor children shall be appointed to be bound apprentices in pursuance of any Act or Acts of Parliament made and passed for the better relief and employment of the poor in any particular incorporated hundreds or districts within that part All Persons to of Great Britain called England, shall and they are hereby required to whom any Chilreceive and provide for such children according to the indentures to be dren shall be executed by the directors and acting guardians of the poor for such appointed to be respective hundreds or districts for the binding of such poor children in bound, obliged like manner as persons are now obliged by the laws in being to receive to provide for and provide for poor children appointed to be bound apprentices by them, &c. churchwardens and overseers of the poor with the assent of two justices of the peace, and also to execute the counterpart of such indentures respectively: And if any person to whom any poor child shall be appointed to be bound apprentice in pursuance of any such Act of Parliament as aforesaid shall refuse or neglect to receive and provide for such poor child or to execute the counterpart of the indenture for binding such child as aforesaid, every person so refusing or neglecting, upon proof of such refusal or neglect being made by the oath of one of the directors or acting guardians or of some other credible witness before any two justices of the peace acting in and for the county liberty or place within which the incorporated hundred or district to which such child belongs shall be situate, shall forfeit and pay to the directors and acting guardians of the poor for such incorporated hundred or district or to their treasurer or appointee, to be applied to the relief of the poor within the same, the sum of ten pounds; such penalty or forfeiture to be levied by distress and sale of the goods of the person refusing or neglecting as aforesaid, by warrant under the hands and scals of such justices; saving always to the person to whom any poor child shall be so appointed to be bound an apprentice, his or her appeal to the next general or quarter session of Appeal. the peace for that county liberty or place, whose order therein shall be final.

II. Provided always, That nothing in this Act contained shall be construed to compel any person to take any such poor child apprentice as aforesaid, unless such person shall be an inhabitant and occupier of lands tenements or hereditaments in the parish to which such child belongs; and that all bastard children born or to be born in the house of industry within any such incorporated hundred or district shall be deemed to belong to the parish or place where the mother of such bastard child was legally settled. (1)

(1) It is not necessary that the master should actually reside in the parish, if he be an occupier there it is sufficient, for inhabitant and occupier

Rex v.

are for this purpose synonymous terms. Tunsted and Happing Hundreds, 3 T. R. 523.

[ No. X. ] 32 George III. c. 57.-An Act for the further

Regulation of Parish Apprentices.

WHEREAS by an Act passed in the forty-third year of the reign of 32 Geo. III. Queen Elizabeth, intituled An Act for the Relief of the Poor, it is

c. 57.

(amongst other things) enacted, That it shall be lawful for the church- Preamble. ⚫ wardens or overseers of the poor of any parish or the greater part of 43 Eliz. c. 2. them, by the assent of two justices of the peace, to bind any children whose parents they shall judge to be not able to keep and maintain such children to be apprentices where they shall see convenient till such man-child shall come to the age of twenty-four years and such woman-child to the age of twenty-one 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: And whereas by an Act made in the eighth and ninth years of the reign of 8 and 9 Gul. III. King William, intituled An Act for supplying some Defects in the Laws c. 30. and

No. X.

32 Geo. III. c. 57.

18 Geo. III. c. 47, recited.

for the Relief of the Poor of this Kingdom, after reciting that there "being doubts whether the persons to whom such children were to be bound under and by virtue of the said statute of the forty-third year of the reign of Queen Elizabeth were compellable to receive such children 6 as apprentices, that law hath failed of its due execution, it was therefore enacted, That where any poor children should be appointed to be bound apprentices pursuant to the said Act of Queen Elizabeth, the persons to whom they are so appointed to be bound apprentices shall receive and provide for them according to the indenture signed and confirmed by the two justices of the peace, and also execute the other part of the 'said indentures under the penalty in case of refusal of the forfeiture of ten pounds for every such offence, to be levied of the goods of the offender in the manner mentioned in the said Act. And whereas by an Act passed in the eighteenth year of the reign of his present Majesty, intituled An Act to amend such Part of an Act made in the forty-third Year of the Reign of Queen Elizabeth, intituled "An Act for the Relief of the Poor," as relates to the binding of Parish Apprentices, it was enacted, That when any man-child should be bound to be an apprentice by virtue of the said Act made in the forty-third year of the reign of Queen Elizabeth, such child shall be bound to be an apprentice for no longer term than till he shall come to the age of twenty-one years: And whereas in such indentures of apprenticeship it hath been usual to insert several agreements and covenants to be done and performed by the several parties thereto; (that is to say) an agreement on the 'part of the apprentice, that he will faithfully serve his master during the term of such apprenticeship; and also several covenants on the part of the master for himself his executors and administrators, that he the said master will teach or cause to be taught such apprentice in the 'business of husbandry or in the craft mystery or occupation which such master then useth, as the case may be; and that such master shall also during the term of such apprenticeship find and allow unto such apprentice sufficient meat drink apparel and all other things needful for an apprentice during such term: And whereas, in the event of the death of the master during the term of such apprenticeship the agreement for service on the part of the apprentice is at an end, but the ⚫ covenant for maintenance on the part of the master still continues in 'force as far as the master's assets will extend, or doubts have arisen with respect thereto, and in consequence thereof such apprentices do frequently on the death of their master leave their master's house and after living in idleness return again and become a burden on their master's effects and so from time to time as they think proper, which is attended with great inconvenience and hardship to the family and ' personal representatives of such master and is at the same time an in⚫ ducement to such apprentice to continue in a disorderly and idle course of life: And whereas the several powers given to justices of the peace 'for the better ordering of parish apprentices by the several Acts of Parliament made for that purpose do cease and determine on the death of the master, for which a remedy ought to be provided: And whereas several other regulations are necessary to be made respecting parish apprentices: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Parish Appren- Temporal and Commons in this present Parliament assembled, and by tices, with the authority of the same, That from and after the first day of July one whom no more thousand seven hundred and ninety-two, in case of the death of any than 51. shall be master or mistress of any parish apprentice during the term of such given, to conti- apprenticeship, upon the binding out of which apprentice no larger sum nue in force no than five pounds has been or shall be paid, such covenant as is before longer than mentioned for the maintenance of such apprentice inserted in the inThree Months denture of apprenticeship by which such apprentice shall have been or after the Death shall be bound, shall not continue and be in force for and during any of the Master, longer time than for three calendar months next after the death of such master or mistress, and that during such three calendar months such apprentice shall continue to live with and serve as an apprentice the

Covenants for

Maintenance of

&c.

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