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to the original order, he Thould have done it by appeal in STANLEY. due time to the sessions ; as they could give relief as well
upon the form * as upon the merits; and that having declined the bringing of his case before the proper jurisdiction in the first initance, le ought not now to be afütted by the Court per saltum : but they gave iime to look for authorities to juility such an interference. A few days afterwards CuAMBRE admitted, that the order might be brought up by certiçi ari, without any appeal having been
previously lodged at the feilions within time; and he (a) E. 1. Ann. stated the general rule as laid down in (a) 1. Salk. 147.
that no certiorari ihall be granted to remove orders of juitices before the determination on appeal to the sessions, unless the time of appeal be expired; because it otherwise hinders the privilege of appealing : confcquently tl at the Court had a general authority to interfere; and that the prefent case, in which the defendant had declined an appeal within the period preferibed by law, was not
within the exception. He also said, that this rule was (6) M. 8. Geo.2. farther explained in the (b) cate of the Borongh of IVar1. Sir. 991.
wick; which adjudged, that it was only in cases wherein the time of appeal was limited, and not where it was left open at any time, that this general authority of the Court was abridged. He added, that as the certiorari appeared to have been moved in time, he hould not press the Court upon the forin of tire present rule, and without a reasonable profpect of success put the party to the expence of another. -PER CURIAM. The original order of adjudication of two justices must be quaihed, and the order of fefions, dismisting the order of adjudication, affirmed.
XII. The punishment of the mother and reputed father. The mother of
618. Burfirode, 348. The mother of a bastard child a baftard child fhail not be punished upon the statute of the 7: Jac. I. nilhed for a fe. c. 4. as for her second offence, unlets she had bcen becond offence fore questioned, and punished for her first offence. But under 7. Jac. 1: the might have been punished for her first offence either C. 4. unless the by tiie Itatute 18. Eliz. c. 3. or 7. Jac. I. C. 4.; but is not has been before puoithed under
to be punished by the 7. fac. 1. c.4 1.7. as for her lecond 18. Eliz. c.
offence, unless the had been before punished for her first 3.
offence: but this second offcnce shall be now taken and deemed as her first offence, and so is to be punished for the fame according to law.
c H A P.
N IN TH.
A P P R E N T ICE s.
1. Who shall take apprentices.
V. Of the apprentice fec.
IX. Of parish apprentices.
X. Of apprentices to the sea service.
1. Who shall take apprentices.
Y 5. Eliz.c.4.s.25. “For the betteradvancement
Husbandmen and “ of husbandry and tillage, and to the intent
boukolders may « that such as are fit to be made apprentices to buibandry take apprentices “ may be bounden thereunto, it is ENACTED, That every by indecture. “ person being a housholder, and having and using half a « plough land at the least in tillage, may have and re“ ceive as an apprentice any person above the age of ten “ years, and under the age of eighteen years, to serve in “ husbandry, until his age of twenty-one years at the « leaft, or until tiie age of twenty-four, as the parties “ can agree: the said retainer and taking of an appren“ tice to be made and done by INDENTURE.”
620. By 5. Eliz.c. 4.8.26.“Every person being an house- Every boufbelder « holder, and twenty-four years old at the least, dwelling dwelling in any « or inhabiting, or which shall dwell and inhabit in
any town corporate “city or town-corporate, and using and exercising any art, may take an ap
mystery, or manual occupation there, shall and may, seven years. “ during the time that he shall fo dwell or inhabit in “ any such city or town-corporate, and use and exercise “ any such mystery, art, or manual occupation, have " and retain the son of any freeman, not occupying hus
freeholds of for
“ bandry, nor being a labourer, and inhabiting in the “ same or in any other city or town that now is, or here“ after fhall be and continue incorporate, to serve and be u bound as an apprentice, after the custom and order of “ the city of LONDON, for seven years at the least, so as “ the term and years of such apprentice do not expire or " determine afore such apprentice shall be of the age of
“ twenty-four years at the leaft." Merchants and 621. By 5. Eliz. c. 4. f. 27. « PROVIDED that it shall traders thall not « not be lawful to any person dwelling in any city or takeapprentices, « town-corporate, using and exercising any of the mysexcept their pa• « teries or crafts of a merchant trafficking by traffick or rents potters
“ trade into any the parts beyond the fea, mercer, draty shillings a per, goldfinith, ironmonger, embroiderer, or clothier,
" that doth or Thall put cloth to making or sale, to take Dalt. c. 58. 1. Burn's Jur.
any apprentice or servant to be indructed or taught in tice, Ióth edis. any of the arts, occupations, crafts, or mysteries, page gs.
“ which they, or any of them, do use or exercile ; except “ such servant or apprentice be his son, or else that the “ father and mother of such apprentice or servant shall “ have, at the time of taking such apprentice or fervant, “ lands, tenements, or other hereditaments, of the clear
yearly value of forty thillings, of one estate of inheri“ tance or frechold at the least, to be certified under the “ hands and feals of three jullices of peace of the thire or “ fhires where the said lands, tenements, or other here“ ditaments, do or shall lie, to the mayor, bailiff, or other « head-officers of such city or town-corporate, and to be “ enrolled among the records there (a).”
Whom they 622. By 5. Eliz.c.4.f.28.“Every person being an houfheldmay have for cr, and four-and-twenty years old at the least, and not their apprenti- 6 occupying husbandry, nor being a labourer, dwelling des, which dwells or inhabiting, or that shall hereafter dwell or inhabit in not corporate,
“ in any town not being incorporate, that now is, 8. Co. 129.
“ hereafter ihall be a market town, so long as the fame “ fhall be weekly used and kept as a market town, and
using or exercifing any art, myftery, or manual occu
pai:o!), during the time of his abode there, and so “ uling and exercising such art, mystery, or manual oc
cupation as aforelaid, may have in like manner to
(a) The directions conce:ning the therefore this ftatuse of s. Ęliz. is to parents estate, &c. are become oblo. be understrou as expresting that any kete, and of no ule. The reítrictions person being a boujoider may take ap. were originally intc:ded (as appears prentice the son of any freeman not by the statute 9. Hen. 6. C. 17.) for occupying busbandry or being a la. the encouragement of husbandry, and bouter. See 1. Buin Just. 59, 6c.
“ apprentice or apprentices, the child or children of any “ other artificer or artificers, not occupying husbandry, “ nor being a labourer, which now do, or hereafter shall " inhabit or dwell in the same, or any other such mar“ ket town within the same shire, to serve as appren“ tice or apprentices as is aforesaid, to any such art, of mystery, or manual occupation, as hath been usually
exercised in any luch market town, where such ap
prentice shall be bound in manner and form above“ laid.”
623. By 5. Eliz. c 4. f. 29. “No person dwelling or What apprentis inhabiting in
such market town), using or exer- ces merehants “ citing the feat, myttery, or art of a inerchant traffick- and certain traing or trading into the parts beyond the seas, mercer,
ders dwelling in
a marker town draper, goldsmith, ironmonger, embroiderer,orclothier,
not corporate " that doth or thall put cloth to making and sale, shall *** take any apprentice, or 1hall in any wile teach or in- Cró. Eliz. 723. “ struct any person in the arts, sciences, or mysteries " latt before recited; except such servant or apprentice " Thall be his son; or else that the father or mother of “ such apprentice shall have lands, tenements, or other “ hereditaments at the time of taking such apprentices “ of the clear yearly value of three pounds of one eftate “ of inheritance or freehold at the least, to be certified “ under the liands and feals of three justices of the peace “ of the shire or thires where the said lands, tenements,
or other hereditaments, do or Thall lie, to the head• officers or head-officer of such market town where “ such apprentice or servant Thall be taken, there to be " enrolled by such head officers always to remain of * record.”
624. Bv 5. Eliz. c.4.1.30." It shall be lawful to any per- Artificers may “ son using or exercising the art or occupation of a take apprentices “ smith, whicel-wright, plough-wright, mill-wright, car- although their "penter, rough-malon, plaifterer, sawyer, lime-burner, parents may " brick-maker, bricklayer, tyler, flater,' belier, tule dispend no land. “ maker, linen-weaver, turner, cooper, miller, earthien
potters, woollen-weaver weaving huswives or houshold s cloth only and none other cloth, fuller, otherwise « called tucker or walker, burner of oare and wood“ athes, thatcher, or shingler, wheresoever he or they “ Iball dwell or inhabit, to have or receive the son of " any person as apprentice in manner and form afore" said, to be taught and instructed in these occupations * only, and in none other, albeit the father or mother
G g 3
es of any such apprentice have not any lands, tenements,
625. By 5. Eliz. C. 4. f. 33, “ Every person who shall have three ap: “ have three apprentices in any of the crafts, mysteries, prentices muß « or occupations of a cloth maker, fuller, Theer-man, keep one journeyman, " weaver, taylor, or shoe-maker, thall retain and keep
one journeyman; and for every other apprentice above “ the number of the said three apprentices, one other
journeyman ; upun pain of every default therein to (6 forfeit TEN POUNDS.
as before this
The citizens of
626. By 5. Eliz. C. 4. f. 40.“ PROVIDED ALWAYS, London and " that this act, or any thing therein contained or menNo wich may
$ tioned, shall not be prejudicial or hurtful to the cities take prentices « of LONDON and Norwich, or to the lawful liberties, act.
“s usages, customs, or privileges of the same cities, for or " concerning the having or taking of any apprentice or “ apprentices; but that the citizens and freemen of the « fame cities thall and may ta e, have, and retain appren“ tices there in fuch manner and form as they might
lawfully have done before the making of this statute.” Owners of 627. By 5. Eliz. c. 5. f. 12." It shall be lawful to all Thips, fishers on and
every owner and owners of thips or vessels, and to the sea, gune
“ every housholder using and exerciting the trade of the pers, and ship-“ seas by fiihing or otherwise, and to every gunner or wrights, may
gunners commonly called cannoniers, and to every thiptices.
“ wright, to take and keep one or more apprentice or
apprentices to be brought up in the same trade or " trades, every of the fame apprentice or apprentices to “ be to them bound for ten years or under; and every " apprentice so taken, being above seven years of age, “ shall be by the same covenants bound, ordered, and “ used to all intents according to the customs of the City “ OF LONDON; fo that the lame covenant or bond of “ apprenticeihip be made by writing, indented, and inrolled “ in the town where the same apprentice Thall be tien ” inhabiting, if it be a town corporate ; and if the town “ be not incorporate, then to be inrolled in the next
town incorporate to the habitation of every such ap
prentice; and that the officers of every such town cor“ porate shall take for every such inrollment not above
Hatmakers 628. By 1. Jac. I. c. 17. f. 3. and 5: “No person in
!! the trade or art of felt or hat making shall retain or