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REX v.

*Vide ante.

*

to the original order, he should have done it by appeal in STANLEY. due time to the feffions; as they could give relief as well upon the form as upon the merits; and that having declined the bringing of his cafe before the proper juridiction in the firft inftance, he ought not now to be affifted by the Court per faltum: but they gave time to look for authorities to justify fuch an interference., A few days afterwards CuAMBRE admitted, that the order might be brought up by certiorari, without any appeal having been previously lodged at the fethons within time; and he (a) E. 1. Ann. ftated the general rule as laid down in (a) 1. Salk. 147. that no certiorari fhall be granted to remove orders of juftices before the determination on appeal to the feffions, unless the time of appeal be expired; because it otherwife hinders the privilege of appealing: confequently that the Court had a general authority to interfere; and that the prefent cafe, in which the defendant had declined an appeal within the period prefcribed by law, was not within the exception. He alfo faid, that this rule was (6) M. 8. Geo.2. farther explained in the (6) cafe of the Borough of Warwick; which adjudged, that it was only in cafes 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 fhould not prefs the Court upon the form of the prefent rule, and without a reafonable profpect of fuccefs put the party to the expence of another. PER CURIAM. The original order of adjudication of two juftices must be quashed, and the order of feffions, difmiffing the order of adjudication, affirmed.

1. Str. 991.

The mother of

cannot be pu-'

XII. The punishment of the mother and reputed father.

618. Buifirode, 348. The mother of a baftard child a baftard child fhall not be punithed upon the ftatute of the 7. Jac. 1. nifhed for a fe, C. 4. as for her fecond offence, unlefs fhe had been becond offence fore questioned, and punished for her firft offence. But under 7. Jac. 1. the might have been punithed for her firft offence either c. 4. unless the by the ftatute 18. Eliz. c. 3. or 7. Jac. 1. c. 4.; but is not has been before to be punished by the 7. Jac. 1. c.4 f. 7. as for her fecond offence, unless the had been before punished for her first offence: but this fecond offence fhall be now taken and deemed as her firft offence, and fo is to be punished for the fame according to law.

punished under

1. Eliz. C. 3.

CHAP

CHAPTER THE

NINTH.

APPRENTICES.

I. Who fhall take apprentices.

II. Who are compellable to ferve. III. Of the indentures.

IV. Of the flamp duty.

V. Of the apprentice fee.

VI. Jurifdiction of THE JUSTICE and THE SESSIONS. VII. Of affigning apprentices: and the death of the parties. VIII. Of exercising a trade.

IX. Of parish apprentices.

X. Of apprentices to the fea fervice.

XI. Of apprentices bound by public charities. XII. Of apprentices to CHIMNEY SWEEPERS.

1. Who fhall take apprentices.

619. BY 5. Eliz. c.4. f.25. "For the better advancement

Hufbandmen and

"of hufbandry and tillage, and to the intent bogholders may "that fuch as are fit to be made apprentices to hufbandry take apprentices

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may be bounden thereunto, it is ENACTED, That every by indenture. perfon being a boufholder, and having and ufing half a "plough land at the leaft in tillage, may have and re"ceive as an apprentice any perfon above the age of ten "years, and under the age of eighteen years, to ferve in "husbandry, until his age of twenty-one years at the "leaft, or until the age of twenty-four, as the parties "can agree: the faid retainer and taking of an appren"tice to be made and done by INDENTURE.'

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prentice for

620. By 5. Eliz. c. 4. f.26. "Every perfon being an houfe- Every bousholder "holder, and twenty-four years old at the leaft, dwelling dwelling in any " or inhabiting, or which fhall dwell and inhabit in any town corporate "city or town-corporate, and ufing and exercifing any art, may take an ap"myftery, or manual occupation there, fhall and may, seven years. "during the time that he shall fo dwell or inhabit int "any fuch city or town-corporate, and ufe and exercise "any fuch mystery, art, or manual occupation, have "and retain the fon of any freeman, not occupying hus

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bandry,

rents poffefs

freeholds of for-
ty shillings a

year.
Dalt. c. 58.

1. Burn's Juftice, 16th edit. page 58.

"bandry, nor being a labourer, and inhabiting in the "fame or in any other city or town that now is, or here"after fhall be and continue incorporate, to ferve and be "bound as an apprentice, after the custom and order of "the city of LONDON, for feven years at the leaft, so as "the term and years of fuch apprentice do not expire or "determine afore fuch apprentice fhall be of the age of twenty-four years at the leaft."

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Merchants and 621. By 5. Eliz. c. 4. f. 27. « PROVIDED that it shall traders shall not "not be lawful to any perfon dwelling in any city or takeapprentices, town-corporate, ufing and exercifing any of the myfexcept their pateries or crafts of a merchant trafficking by traffick or "trade into any the parts beyond the fea, mercer, draper, goldfmith, ironmonger, embroiderer, or clothier, "that doth or fhall put cloth to making or fale, to take any apprentice or fervant to be inftructed or taught in any of the arts, occupations, crafts, or myfteries, "which they, or any of them, do ufe or exercife; except "fuch fervant or apprentice be his fon, or else that the "father and mother of fuch apprentice or fervant shall "have, at the time of taking fuch apprentice or fervant, "lands, tenements, or other hereditaments, of the clear yearly value of forty fhillings, of one eftate of inheri"tance or freehold at the leaft, to be certified under the "hands and feals of three juftices of peace of the fhire or "fhires where the faid lands, tenements, or other here"ditaments, do or fhall lie, to the mayor, bailiff, or other "head-officers of fuch city or town-corporate, and to be "enrolled among the records there (a)."

Whom they may have for

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622. By 5. Eliz.c.4.f.28. "Every perfon being an boufhold"er, and four-and-twenty years old at the leaft, and not their apprenti-occupying hufbandry, nor being a labourer, dwelling oes, which dwell, or inhabiting, or that fhall hereafter dwell or inhabit "in any town not being incorporate, that now is, or "hereafter thall be a market town, fo long as the fame "fhall be weekly ufed and kept as a market town, and

in markettowns

not corporate. 8. Co. 129.

64

ufing or exercifing any art, myflery, or manual occu"pation, during the time of his abode there, and fo uting and exercifing fuch art, myftery, or manual occupation as aforefaid, may have in like manner to

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(a) The directions concerning the parents eftate, &c. are become obfolete, and of no use. The restrictions were originally inter.ded (as appears by the ftatute 9. Hen. 6. c. 17.) for the encouragement of husbandry, and

therefore this ftatute of . Eliz. is to be underflood as expreffing that any perfon being a boufholder may take apprentice the fon of any freeman not occupying busbandry or being a labourer. See 1. Buin Juft. 59, 6c.

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apprentice or apprentices, the child or children of any "other artificer or artificers, not occupying hufbandry, "nor being a labourer, which now do, or hereafter shall

inhabit or dwell in the fame, or any other fuch mar"ket town within the fame fhire, to ferve as appren"tice or apprentices as is aforefaid, to any fuch art, mystery, or manual occupation, as hath been ufually "exercifed in any fuch market town, where fuch apprentice fhall be bound in manner and form above** faid."

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64

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may take.

623. By 5. Eliz. c 4. f. 29. "No perfon dwelling or What apprenti inhabiting in any fuch market town, ufing or exer- ces merchants citing the feat, myftery, or art of a merchant traffick and certain traders dwelling in ing or trading into the parts beyond the feas, mercer, a market town draper, goldfmith, ironmonger,embroiderer, or clothier, not corporate "that doth or fhall put cloth to making and fale, fhall take any apprentice, or thall in any wife teach or in- Cro. Eliz. 723. ftruct any perfon in the arts, fciences, or mysteries laft before recited; except fuch fervant or apprentice "fhall be his fon; or elfe that the father or mother of "fuch apprentice fhall have lands, tenements, or other "hereditaments at the time of taking fuch apprentices "of the clear yearly value of three pounds of one eftate "of inheritance or freehold at the leaft, to be certified "under the hands and feals of three juftices of the peace "of the fhire or fhires where the faid lands, tenements,

or other hereditaments, do or fhall lie, to the headofficers or head-officer of fuch market town where "fuch apprentice or fervant fhall be taken, there to be "enrolled by fuch head officers always to remain of " record."

624. By 5. Eliz. c. 4. f. 30. "It fhall be lawful to any per- Artificers may fon ufing or exercifing the art or occupation of a take apprentices "fmith, wheel-wright, plough-wright, mill-wright, car- although their "penter, rough-mafon, plaifterer, fawyer, lime-burner, "brick-maker, bricklayer, tyler, flater, helier, tyle"maker, linen-weaver, turner, cooper, miller, earthien"potters, woollen-weaver weaving hufwives or houshold

cloth only and none other cloth, fuller, otherwife called tucker or walker, burner of care and wood"afhes, thatcher, or fhingler, wherefoever he or they "fhall dwell or inhabit, to have or receive the fon of any perfon as apprentice in manner and form aforefaid, to be taught and inftructed in thefe occupations *only, and in none other, albeit the father or mother

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"of

parents may difpend no land.

Traders who

prentices muft keep one journeyman.

"of any fuch apprentice have not any lands, tenements, "or hereditaments."

625. By 5. Eliz. c. 4. f. 33. "Every perfon who fhall have three ap-have three apprentices in any of the crafts, myfteries, "or occupations of a cloth maker, fuller, theer-man, "weaver, taylor, or fhoe-maker, fhall retain and keep "one journeyman; and for every other apprentice above "the number of the faid three apprentices, one other "journeyman; upon pain of every default therein to "forfeit TEN POUNDS.

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Owners of

626. By 5. Eliz. c. 4. f. 40. “PROVIDED ALWAYS, "that this act, or any thing therein contained or men❝tioned, shall not be prejudicial or hurtful to the cities of LONDON and NORWICH, or to the lawful liberties, "usages, customs, or privileges of the fame 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 ftatute."

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627. By 5. Eliz. c. 5. f. 12. "It fhall be lawful to all ships, fishers on" and every owner and owners of fhips or veffels, and to the fea, gun"every houfholder ufing and exerciting the trade of the pers, and hip-feas by fishing or otherwife, and to every gunner or gunneis commonly called cannoniers, and to every thipwright, to take and keep one or more apprentice or "apprentices to be brought up in the fame trade or "trades, every of the fame apprentice or apprentices to

wrights, may

take appren

tices.

Hatmakers

fhall not have

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be to them bound for ten years or under; and every "apprentice fo taken, being above feven years of age, "fhall be by the fame covenants bound, ordered, and "ufed to all intents according to the customs of the CITY "OF LONDON, fo that the fame covenant or bond of "apprenticeship be made by writing, indented, and inrolled "in the town where the fame apprentice fhall be then

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 apprentice; and that the officers of every fuch town cor"porate fhall take for every fuch inrollment not above twelve-pence."

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628. By 1. Jac. 1. c. 17. f. 3. and 5. "No perfon in "the trade or art of felt or hat making fhall retain or

above two ap-
prentices at the fame time, excepting their fons.

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