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If an apprentice, on the neglect

of the mafter, fhall pay the du.

ties, he may re

cover back the

apprentice fee.

Ante, page 478. pl. 670.

A proper proportion of an apprentice fee fhall be re

be difcharged

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V. Of the apprentice fee.

692. By 18. Geo. 2. c. 22. f. 25. "If any master fhall neglect to pay the ftamp duties, and the apprentice, "after requiring the master so to do, fhall pay them and "the forfeiture incurred by the non-payment, fuch ap"prentice may, within three months after fuch payment, "demand of his mafter, his executors or adminiftrators,

fuch fums as were paid for his apprentice fee; and if "not paid to him within three months after fuch de

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mand, he may recover them by action in the courts at "Westminfler, and difcharge himself from his inden. atures, and have the fame benefit as if he had been affigned to another master."

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693. Thurman v. Abel, Trinity Term, 1688. 2. Vern. 64. The defendant being an apothecary, the plaintiff put his fon to him as an apprentice, and gave with him a fum funded, though of money, and allowed the youth ten pounds a year for the apprentice his cloaths. The defendant having put away his apprentice after he had lived fome time with him by reafon of for misconduct. negligence and mifdemeanours laid to his charge, THE COURT decreed the matter to refund thirty pounds of the money; and the rather, because the indentures were not inrolled, fo as the matter was not properly cognizable before the chamberlain of London.

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If a mafter be

the apprentice

691. Soam v. Bowden, Mich. Term, 30. Car. 2. Finch. 396. -The mafter received with the apprentice 250l. and died within two years, the apprentice having for that time been employed only in inferior affairs. It was decreed, after debts on specialties paid, that the executors should repay the 250l. as a debt due on fimple contract; deducting after the rate of 201. a year for the maintenance of the apprentice, during the time he lived with his master.

695. Ex parte Sandby, in Chancery, 1745. 1. Atk. 149.come bankrupt, The petitioner, on the tenth of January 1744, was put fhall be ad- apprentice to Ward, a bookfeller at York, and the fum of mitted a creditor 801 was given with him as an apprentice for feven years. for a re fonable In July following, a commiffion of bankruptcy was taken proportion of out against Ward; and being declared a bankrupt, afthe apprentice fignees were chofen, who fell off the bankrupt's effects, and he is now the supervisor of the prefs to the purchaser, and become incapable of performing his part of the con

fee.

tract,

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tract, nor is the petitioner able to raise any money to put him out an apprentice to another mafter, and, the coinmiffion being a recent one, probably no dividend may be made in a year, or a year and a half; fo that all this time will be loft to the petitioner. Upon these circumftances, the petitioner prayed, that on deducting rol. out of the 8ol. for his board with the bankrupt during the fix months he lived with him, the atfignees thould be ordered to pay him the fum of 70l. out of the effects of the bankrupt already come to their hands, and not oblige him to prove it as a debt under the commiffion.-The LORD CHANCELLOR HARDWICKE was at first doubtful, and feemed inclined to grant the petition; but on ordering fearch to be made for precedents, and feveral being produced wherein it was directed that apprentices fhould come in as creditors only, after deducting for the time they lived with the bankrupt, upon the remaining fum, it was ordered accordingly in this cafe, and that the petitioner fhould be admitted a creditor for 70l. only,

VI. Jurifdiction of THE JUSTICE and THE SESSIONS.

Any justice

putes between

696. By 5. Eliz. c. 4. f. 35. "And if any maf"ter fhall mifufe or evil intreat his apprentice, or the where the "apprentice fhall have any juft caufe to complain, or mafter dwells "the apprentice do not his duty to his mafter, then may adjust dif"the mafter or apprentice being grieved, and having mafter and ap "caufe to complain, fhall repair unto one juftice of prentice. peace within the county, or to the mayor or other "head-officer of the city, town-corporate, market

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town, or other place where the faid mafter dwelleth, "who fhall by his wifdom and difcretion take fuch order " and direction between the mafter and his apprentice, as the equity of the caufe fhall require."

697. By 5. Eliz. c. 4. f. 35. "And if for want of If the justice "good conformity in the mafter, the juftice of peace, cannot adjuft "or the mayor or head-officer cannot compound and

fich difpute,

he may bind

agree the matter between him and his apprentice, the parties over "then the juftice, or the mayor or other head- to appear at the "officer, fhall take bond of the mafter, to appear at next feffions, "the next feffions then to be holden in the county,

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"or within the city, town-corporate, or market town, to be before the juftices of the faid county, or the mayor or head-officer of the town-corporate

Kk 4

" or

The feffions may by order

under hand and feal discharge

the apprentice

"or market town, if the mafter dwell within any "fuch."

698. By 5. Eliz. c. 4. f. 35. "And upon his appearance, and hearing of the matter before the juf"tices, or the mayor or other head-officer, if it be thought meet unto them to difcharge the apprenfrom his inden &tice of his apprenticehood, then the juftices, or "four of them at the leaft, whereof one to be of the "Quorum; or the mayor or head-officer, with the "confent of three other of his brethren, or men of beft

tures for a de

fault in the

maiter.

The feffiops may punish an apprentice for mil.onduct.

Juftices of the peace, or mayors, &c. may iffue a

caps to ap

prehend an apprentice who

thal run away from his matter,

and may im

prifen him until he give fecurity for his

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reputation within the city, town-corporate or mar

ket town, fhall have power by authority hereof, in "writing under their hands and feals, to pronounce and "declare, That they have difcharged the apprentice of "his apprenticehood, and the caufe thereof; and the writing fo being made and inrolled by the clerk of the peace, or town-clerk, amongst the records that he "keepeth, fhall be a fufficient difcharge for the faid apprentice against his mafter, his executors and adminis "trators; the indenture of the faid apprenticehood, (6 or any law or custom to the contrary notwithstand

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ing."

699. By 5. Eliz. c. 4. f. 35. And if the default "fhall be found to be in the apprentice, then the juftices, or the mayor or other head-officer, with "the affiftance aforefaid, fhall caufe fuch due correc"tion and punishment to be miniftered unto him, "as by their wifdom and difcretions fhall be thought "meet."

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700. By 5. Eliz. c. 4. f. 47. "If any fervant or apprentice of hufbandry, or of any art, fcience, or occupation aforefaid, unlawfully depart or flee into any "other fhire, it fhall be lawful to the juftices of the "peace, and to the mayors, bailiffs, and other head"officers of cities and towns corporate for the time

being, juftices of peace there, to make and grant writs of capias, fo many and fuch as fhall be needful, to be

directed to the theriffs of the counties, or to other "head-officers of the places whither fuch fervants or "apprentices fhall fo depart or fice, to take their bodies good behaviour. returnable before them at what time thall pleafe them; "fo that if they come by fuch procefs that they be put "in prifon till they fhall find fufficient furety well and "honeftly to ferve their masters, miftreffes, or dames,

"from

"from whom they fo departed or fled, according to the

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order of the law (a)."

f.

3.

tures.

"It fhall and may the place where 701. By 20. Geo. 2. c. 19. Two juftices of be lawful to and for any two or more juftices of the the mafter peace of the county, riding, city, liberty, town corpo- dwells may, on rate, or place where fuch mafter or mistress fha 1 in- the complaint of an apprentice habit, upon any complaint or application by any ap- for ill ufage, &c. "prentice put out by the parish, or any other apprentice by his matter, upon whofe binding out no larger a fum than five hear the parties, pounds of lawful British money was paid, touching or and discharge "concerning any mifufage, refufal, or neceffary provi- fuch apprentice "fion, cruelty, or other ill treatment of or towards fuch from his inden"apprentice by his or her mafter or miftrefs, to fummon "fuch matters or miftreffes to appear before fuch juf"tices at a reafonable time to be named in fuch fum"mons; and fuch juftices fhall and may examine into "the matters of fuch complaints; and upon proof "thereof made upon oath to their fatisfaction (whether "the master or miftrefs be prefent or not, if fervice of "the fummons be alfo upon oath proved), the faid juf"tices may difcharge fuch apprentice by warrant or "certificate under their hands and feals, for which war"rant or certificate no fees fhall be paid."

matter commit

702. By 20. Geo. 2. c. 19. f. 4. "It fhall be lawful to Two juftices "and for fuch juftices, upon application or complaint may on com"made, upon oath, by any mafter or miftrefs against any plaint of the "fuch apprentice touching or concerning any mifde- the apprentice C6 meanour, mifcarriage, or ill behaviour, in fuch his or for one month, "her fervice (which oath fuch juftices are hereby im- or difcharge the "powered to adminifter), to hear, examine, and deter- indentures. "mine the fame, and to punith the offender by commit"ment to the houfe of correction, there to remain and "be corrected, and held to hard labour for a reasonable "time not exceeding one calendar month, or otherwife by difcharging fuch apprentice in manner and form "before mentioned."

703. By 20. Geo. 2. c. 19. f. 5. " PROVIDED, that if Parties grieved any perfon or perfons fhall think himself, herfelf, or may appeal to the next general quarter feffions,

(a) By 24. Geo. 2. c. 55. "If there, and carry him before a juf- when the jus

warrant

"a juftice hall iffue a
"against fuch perfon, and he fhall
"efcape into another fhire, the con.
"Atable, or other perfon, on having
"the warrant indorsed by a juftice
" of fuch other shire, may arrest him

❝tice of fuch other fhire, if the of- tices are em-
"fence is bailable to find bail, or powered to hear,
"elfe fhall carry him back to a juf- finally deter-
tice in the hire from whence the mine, and a

"warrant did first iffue."

"themfelves,

ward cofts.

be allowed.

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"themfelves, aggrieved by fuch determination, order, or warrant of fuch juftice or justices as aforefaid "(fave and except any order or commitment), he, she, "or they, may appeal to the next general quarter"feffions of the peace to be held for the county, riding, "liberty, city, town corporate, or place where fuch de"termination or order thall be made; which faid next "general quarter-feffions is hereby impowered to hear "and finally determine the fame, and to give and award "fuch costs to any of the refpective perfons, appellant " or refpondent, as the faid feffions fhall judge reasonable, not exceeding forty fhillings; the fame to be levied by "diftrefs and fale, in manner before mentioned (a)."

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No certiorari to 704. By 20. Geo. 2. c. 19. f. 6. and 7. "It is alfo provided, "that no certiorari or other procefs fhall iffue or be "iffuable to remove any proceedings whatfoever had in purfuance of this act into any of his majefty's courts "of record at Westminster; and that nothing in this act "fhall extend to the flannaries of Devon and Cornwall."

Any one juftice of the peace

where the mafter refides may, at any time, if.

to apprehend

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705. By 6. Geo. 3. c. 25. "If any apprentice (except fuch whofe mafter fhall have received with fuch apprentice the fum of TEN POUNDS) fhall abfent him"felf from his matter's fervice before the term of his fue his warrant apprenticeship shall be expired, every fuch apprentice "fhall, at any time or times thereafter, whenever he "fhall be found, be compelled to ferve his faid mafter "for fo long a time as he fhall have fo abfented himself "from fuch fervice, unless he fhall make fatisfaction to "his mafter for the lofs he fhall have fuftained by his "abfence from his fervice; and fo from time to time, as "often as any fuch apprentice fhall, without leave of his master, abient himfelf from his fervice before the term of his contract thall be fulfilled, and in cafe any fuch apprentice fhall refufe to forve as hereby required, or to make such fatisfaction to his mafter, fuch mafter may complain upon oath to any juftice of the peace "of the county or place where he thall refide, which "oath fuch juftice is herchy impowered to administer, "and to iffue a warrant under his hand and feal for ap

any apprentice who has ab. fented himfelf from his mafter's fervice, and cauf fuch apprentice to ferve or make fatisfaction for the time he was " abfent; and, on

refufal to give fecurity fo to do, may commit him for three mouths:

(a) This refers to the firft claufe in the act, the words of which are: "And in cafe of refufal or non"payment of any fums fo ordered, "by the space of one-and twenty "days next after fuch determination, "fuch justice and justices fhall and

"may iffue forth his and their war"rant to levy the fame by diftrefs "and fale of the goods and chat"tels, rendering the overplus to the "owners, after payment of the "charge of fuch distress and fale."

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prehending

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