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“ from whom they so departed or fled, according to the
order of the law (a)."
Two justices of
the place where « be lawful to and for any two or more justices of the the master 6 peace of the county, riding, city, liberty, town corpo- dwells may, on
rate, or place where such matter or mistress sha 1 'in- the complaint “ habit, upon any complaint or application by any ap- fori per dics “ prentice put out by the parish, or any other apprentice by his master,
upon wliose binding out no larger a fum than five hear the parties, “ pounds of lawful British money was paid, touching or and discharge “ concerning any misusage, refusal, or necessary provi- fuch apprentice “ fion, cruelty, or other ill treatment of or
from bis inden.
towards such apprentice by his or her master or mistress, to fummon “ such matters or mistresses to appear before such juf66 tices at a reasonable time to be named in such fum46 mons; and such justices thall and may examine into 66 the matters of such complaints; and upon proof " thereof made upon oath to their fatisfaction (whether " the master or mistress be prefent or not, if fervice of « the summons be also upon oath proved), the said juf“ tices may discharge such apprentice by warrant or o certificate under their hands and feals, for which war
rant or certificate no fees shall be paid.”
702. By 20. Geo. 2. C. 19. " It shall be lawful to two justices « and for such justices, upon application or complaint may on com“ made, upon oath, by any master or mistress against any plaint of the “ such apprentice touching or concerning any misde- the apprentice “ meanour, miscarriage, or ill behaviour, in fuch his or for one month, " her service (which oath such justices are hereby im- or discharge the “ powered to adminifter), to hear, examine, and deter-indentures. " mine the same, and to punish the offender by coinmit“ ment to the house of correction, there to remain and 66 be corrected, and held to hard labour for a reasonable « time not exceeding one calendar month, or otherwise « by discharging such apprentice in manner and form 66 before mentioned.”
703. By 20. Geo. 2. c. 19. f. 5. “ PROVIDED, that if Parties grieved any person or persons Thall think himself, herself, or may appeal to
the next general
quarter selfions, (a) By 24. Geo. 2. c. 55.
jf " there, and carry him before a jurn when the jur. "a justice shall iffue a
ctice of such other mire, if the of rices are em" against such person, and he thall
« fence is bailable to find bail, or povered to hear, " escape into another mire, the con. " elle shall carry him back to a jur. finally deter" sable, or other person, on havirstice in the mire frain whence the mine, and a. " the warrant indorsed by a justice “ warrant did first issue."
ward costs. " of such other fnire, may arrest him
“ themselves, aggrieved by such determination, order, “ or warrant of such justice or justices as aforesaid
(save and except any order or commitment), he, she, “ or they, inay appeal to the next general quarter“ feffions of the peace to be held for the county, riding,
liberty, city, town corporate, or place where such de“ termination or order ihall be made; which said next “ general quarter-sessions is hereby impowered to hear “ and finally determine the faine, and to give and award “ such costs to any of the respective persons, appellant “ or respondent, as the said fellions Thall judge reasonable,
not exceeding forty shillings; the same to be levied by
“ distress and sale, in manner before mentioned (a). No estiorari to 704. By 20. Geo. 2. c. 19. f.6. and 7." It is also provided, be alluwed,
" that no certiorari or other process thall issue or be “ issuable to remove any proceedings whatsoever had in “ pursuance of this act into any of his majesty's courts « of record at Ileminter; and that nothing in this act
“ shall extend to the sia inaries of Devon and Cornwall." Any one jur- 705. By 6. Geo. 3. C. 25. “If any apprentice (except tice of the peace - fuch whose mafter shall have received with such apwhere the maf ter refides may,
prentice the sum of TEN POUNDS) fhall ablent himat any time, ita“ self from his matier's fervice before the term of his fue his warrant " apprenticeship shall be expired, every such apprentice to apprehend " thall, at any time or times thereafter, whenever he any apprentice « shall be found, be compelled to ferve his said matter (enied himrelf “ for fo long a time as he thall have fo absented himself from his mar. " from such fervice, unless he hall inake satisfaction to ter's service, “ his master for the loss he thall have sustained by his and caur such
« absence from his fervice; and fo from time to time, as apprentice ro Serve or mike
“ often as any such apprentice ihall, without leave of fatisfact on for " his master, abient himself from his service before the the time he was " terin of his contract ihall be fulfilled; and in case any abfent; and, on " such apprentice hall refule to förve as hereby required, rerufal to give
“ or to make such fatisfaction to his master, such mafges security fo to do, may commit
may complain upon oath to any juftice of the peace bim for three " of the county or place where lie ihall reside, which mouths :
“ oath such justice is herchy impowered to adminifter, " and to issue a warrant under his hand and seal for ap:
(a) This refers to the first clause in the ad, the words of which are : " And in case of refusal or non. “ payment of any rums for ordered, " by the space of one-and (wenty
days next afier fuch dererminaron, " such justice and justices !hall and
" may iffue forth his and their war. "rant to levy the same hy distress " ant sale of the goods and chat. “ tels, rendering the overplus to the
owners, after payınent of the " charge of such diities and sále."
prehending “prehending any such apprentice; and such justice,
upon hearing the complaint, may determine what « fatisfaction shall be made to fuch inafter by such apď prentice; and in case fuch apprentice thall not give 4 security to make such satisfaction according to such u determination, it shall and may be lawful for such juf” tice to commit every such apprentice to the house “ of correction for any term not exceeding three ► months (a)."
706. By 6. Geo. 3. C. 25. f. 3. « Provided that no but such apFC apprentice shall be compelled to serve for any time or plication must “ term, or to make any satisfaction to any matter, after
be made within
seven years after " the expiration of seven years next after the end of the the expiration
term for which such apprentice shall have contracted of the indenture. " to serve."
707. By 6. Geo. 3. c. 25. 1. 5. “If any person shall think Parties grieved “ himself aggrieved by such determination, order, or may appeal ro “ warrant of any justice of the peace as aforesaid, except quarter feffions;
an order of commitment, every such person may ap- giving notice to
peal to the next general quarter sessions of the peace to the justice, and “ be held for the county or place where such determi- entering into a es nation or order shall be made ; such person giving fix described; and “ days notice of his intention of bringing such appeal, and the determina“ of the cause and motive thereof, to such justice of the tion of THE peace and the parties concerned, and entering into a sessions thala
he conclufive. “ recognizance within three days after such notice be“ fore some justice of the peace for such county or place, «« with sufficient surety conditioned to try such appeal
(3) The master is not only intitled he said he would send the care to be to a compensation for loss of service, tried at law, unless they would agree but the earnings of his apprentice to compound the matier, which he during his absence. Thus in the case recommended to them, and thought, of Hill v. Allen, in Chancery, the as the boy's share of the prize was so bill was by an apprentice, who, a- very large, the balance ought to be in gainst his master's confent, quitted his favour, And the master agreed his service of a shipwrizhe, before his to accept 450l. 1. Vizey, 83.--So time was out, and went on board a alfo in the care of Barher v Dennis, privateer, which took a very con. Trinity Term, 2. Ann. Salk. 68. A Gderable prize, whose hare thereof, waterman's widow took an appren. (being 12col.) the master claimed.- tice, who went to sea and earned two By Lord HARDWICXE. In general, tickers, which came to the defendant's the master is intitled to all that the hands. The widow brought frover apprentice Mall earn; confequently, for them, and liad judy ment. For if he runs away, and goes to a cif. what an apprentice gains is for his ferent buliness, the master is intitled malter, and whether he is legally ap. at law'to all his carnings. And in prentice is not material; it is enough this case, his lordship said, there was if it be so de facto. pothing in equity to relieve. But
“ at, and abide the order or judgment of, and pay fuch “ costs as shall be awarded by, the justices at such quar" ter seflions; which said justices, at their said feliions,
upon due proof of such notice being given, and of
entering into such recognizances as aforesaid, shall, “ and are hereby directed to proceed in, hear, and de« termine, the causes and matters of all such appeals; " and there give such relief and costs to the parties ap
pealing or appealed against, as they, in their discretion, “ ihall judge proper and reasonable; and their judg"ments and order therein shall be final and con“ clufive to all parties concerned."
The Courts of 708. But by 6. Gio. 3. C. 25. f. 6. “ This act shall not the Stannaries “ extend to THE STANNARIES of Devon and Cornwall, and of the city 16 or leffen the jurisdiction of the chamberlain of Lonof London ex
“ don, or of any other court within the said city, touchcepted.
j. Black. Com.
709. Brook's Abridgement, 57:-Non-payment of wages, or insufficiency of meat and drink, are good causes of departure, or if the wife of the maiter beats the servant.
A marter can
710. Coventry ?'. It Godball, Hilary Term, 13. Jac. I. not compel his Hab. 134.- The plaintiff brought an action of debt againit aprre tice too Moodbull for twenty pounds. The condition was, That beyond the seas. whereas one Rathbone had bound hintelf apprentice to S. C. Browal. the defendant for ciglit years, the defendant did covenant 67.
with the plaintiff, that he would retain, teach, keep, and employ the said apprentice in his own house and service, in the art of chirurgery during the term, and bound himfelf in twenty pounds for performance of thole covenants. And then it is thewed, that within the term the defendant fent his faid apprentice in a voyage to Bantam in the East Indies, which he pleaded to be in the company of other expert chirurgeons, tle better to learn the art: whereupon the plaintiff demurred, and judgment was given for him, for it was exprefsly against this covenant; for though the covenant were not so restrained to the house in meaning, but that he miglit fend his fervant or apprentice in other places about his cures, yet be must be still as one of his lioushold coming and going, and in his service, and not put over to any other ; for the matter of putting an aprentice is a matter of great truft for his diet, for his health, for his fafety; and therefore a parent or guardian will by choice commit him to one, and not to another. And, generally, bo man can force his ap
prentice to go out of the kingdom, except it be so expressly agreed, or that the nature of his apprenticehood doth import it, as if he be bound apprentice to a merchant-adventurer, or a failor, or the like.
711. Hawkesworth v. Hillary, Michaelmas Term, 2 1. Car.2. The feffions, by Saund. 315.-An order was made at the sessions for the 5, Eliz.c.4. city of York, discharging Hawkesworth on account of
an apprentice several misdemeanours committed by him in his appren- from a bad ticeship from his matter Hillary: and the order states, master, and a that this master refused to entertain him any longer, and master from a orders the said apprentice should be discharged from his bad apprentice. apprenticeship, and that his master should reitore to him See S.C 1. Mod.
page 2. and the fixty pounds, part of the hundred pounds which he ac- Cafes there cited. knowledged he had received with him; and that this be a final order, &c. and the apprentice committed till he find good security for his good behaviour. It was objected, that the fessions had exercised an authority not warranted by the 5. Eliz. c. 4. which it was faid gave the magistracy only authority to punish, not to discharge an apprentice. But it was the opinion of THE WHOLE Court, that an apprentice may be discharged from a bad master, and a bad apprentice discharged from his master; and the clause which gives power to punish a bad apprentice does not restrain but enlarge the power of magistrates (over apprentices) beyond the power given them over the masters, and that the magiftrates may infiet corporal punishment, or discharge an apprentice at their discretion.
712. Rex v. Keller, Easter Term,35. Car.2. 2. Show.289. The justíces may - On the trial of an information against the defendant discharge the for immoderately beating one Brathwaite, who was his matter from the apprentice by indenture --LORD SAUNDERS held at the apprentice Guildhall, that the justices of the peace might, by the from the mastet. 43. Eliz. c. 2. discharge either an apprentice from liis master or è contra ; and said, that it was so resolved by LORD HALE.-The defendant was convicted.
713. Watkins v. Edwards, Trinity Term, 29. Car. 2. The reftions 1. Mod. 286.-Action of covenant brought by an infant may either pur
nish the apprehby his guardian, for that the plaintiff being bound apprentice to the defendant by indenture, &c. the defen- tice, or, if they
fee fit, may dilo dant did not keep, maintain, educate, and teach him in charge the inthe trade of a draper, as he ought, but turned iniin away. dentures, whe. The defendant pleads, that he was a citizen and freeman ther the appliof Brifd, and that at the general sessions of the peace, complaint of the there was an order that he should be discharged of the maiter or the