Page images
PDF
EPUB

"prehending any fuch apprentice; and fuch juftice, upon hearing the complaint, may determine what "fatisfaction fhall be made to fuch mafter by fuch ap

prentice; and in cafe fuch apprentice fhall not give "fecurity to make fuch fatisfaction according to fuch “determination, it shall and may be lawful for fuch juftice to commit every fuch 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 fuch ap apprentice fhall be compelled to ferve for any time or plication must "term, or to make any fatisfaction to any mafter, after be made within feven years after "the expiration of feven years next after the end of the the expiration "term for which fuch apprentice fhall have contracted of the indenture. to ferve."

66

707. By 6. Geo. 3. c. 25. f. 5. "If any perfon fhall think Parties grieved "himfelf aggrieved by fuch determination, order, or may appeal to the next general ❝ warrant of any juftice of the peace as aforefaid, except quarter feffions; "an order of commitment, every fuch perfon may ap- giving notice to "peal to the next general quarter feffions of the peace to the justice, and "be held for the county or place where fuch determi- entering into a "nation or order fhall be made; fuch perfon giving fix recognizance as days notice of his intention of bringing fuch appeal, and the determina "of the caufe and motive thereof, to fuch juftice of the peace and the parties concerned, and entering into recognizance within three days after fuch notice be"fore fome juftice of the peace for fuch county or place, "with fufficient furety conditioned to try fuch appeal

[ocr errors]
[ocr errors]

(4) The mafter is not only intitled to a compenfation for lofs of fervice, but the earnings of his apprentice during his absence. Thus in the cafe of Hill v. Allen, in Chancery, the bill was by an apprentice, whọ, against his master's confent, quitted his fervice of a fhipwright, before his time was out, and went on board a privateer, which took a very conGiderable prize, whofe are thereof, (being zool.) the mafter claimed.By LORD HARDWICKE. In general, the mafter is intitled to all that the apprentice shall earn; confequently, if he runs away, and goes to a dif. ferent business, the matter is intitled at law to all his carnings. And in this cafe, his lordship faid, there was nothing in equity to relieve. But

a

he faid he would fend the cafe to be
tried at law, unless they would agree
to compound the matter, which he
recommended to them, and thought
as the boy's fhare of the prize was fo
very large, the balance ought to be in
his favour. And the mafter agreed
to accept 450l. 1. Vezey, 83.-So

alfo in the cafe of Barber Dennis,
Trinity Term, 2. Ann. Salk. 68. A
waterman's widow took an appren
tice, who went to fea and earned two
tickets, which came to the defendant'a
hands. The widow brought trover
for them, and bad judgment.
what an apprentice gains is for his
mafter, and whether he is legally ap
prentice is not material; it is enough
if it be fo de facto.

1

For

❝at,

defcribed; and

tion of THE

SESSIONS fhall be conclufive.

The Courts of

the Stannaries

66

66

at, and abide the order or judgment of, and pay fuch "cofts as fhall be av arded by, the juftices at fuch quarter feffions; which faid juftices, at their faid feffions, upon due proof of fuch notice being given, and of "entering into fuch recognizances as aforefaid, fhall, "and are hereby directed to proceed in, hear, and de"termine, the caufes and matters of all fuch appeals; "and there give fuch relief and cOSTS to the parties appealing or appealed againft, as they, in their difcretion, "fhall judge proper and reasonable; and their judg"ments and order therein fhall be final and con"clufive to all parties concerned."

66

708. But by 6. Geo. 3. c. 25. f. 6. “This act shall not "extend to THE S ANNARIES of Devon and Cornwall, and of the city or leffen the jurifdiction of the chamberlain of Lon"don, or of any other court within the faid city, touching apprentices."

of London CX

cepted.

1. Black, Com.

428.

A mafter can

67.

66

709.

Brook's Abridgement, 57.-Non-payment of wages, or infufficiency of meat and drink, are good caufes of departure, or if the wife of the mafter beats the fervant.

710. Coventry v. Woodhall, Hilary Term, 13. Jac. I. not compel his Hab. 134.-The plaintiff brought an action of debt again ft appre tice to so Woodhall for twenty pounds. The condition was, That beyond the feas. whereas one Rathbone had bound himself apprentice to S. C. Browal. the defendant for eight years, the defendant did covenant with the plaintiff, that he would retain, teach, keep, and employ the faid apprentice in his own houfe and fervice, in the art of chirurgery during the term, and bound himfelf in twenty pounds for performance of thofe covenants. And then it is fhewed, that within the term the defendant fent his faid apprentice in a voyage to Bantam in the Eaft Indies, which he pleaded to be in the company of other expert chirurgeons, the 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 fo reftrained to the houfe in meaning, but that he might fend his fervant or apprentice in other places about his cures, yet he muft be fill as one of his houfhold coming and going, and in his fervice, and not put over to any other; for the matter of putting an apprentice 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, no man can force his ap

prentice

prentice to go out of the kingdom, except it be fo exprefsly 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.

an apprentice

page 2. and the

711. Hawkefworth v. Hillary, Michaelmas Term,21. Car.2. The feffions, by Saund. 315.-An order was made at the feffions for the 5 Eliz. c. 4. city of York, difcharging Hawke/worth on account of may discharge feveral misdemeanours committed by him in his appren- from a bad ticeship from his mafter Hillary: and the order ftates, mafter, and a that this mafter refused to entertain him any longer, and matter from a bad apprentice. orders the faid apprentice should be difcharged from his apprenticeship, and that his mafter fhould reftore to him See S.C 1.Mod. 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 fecurity for his good behaviour. It was objected, that the feffions had exercifed an authority not warranted by the 5. Eliz. c. 4. which it was faid gave the magiftracy 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 difcharged from his mafter; and the claufe which gives power to punish a bad apprentice does not reftrain but enlarge the power of magiftrates (over apprentices) beyond the power given them over the mafters, and that the magiftrates may inflict corporal punishment, or discharge an apprentice at their difcretion.

mafter from the

712. Rex v. Keller, Eafter Term,35. Car.2. 2.Show.289. The jufticesmay -On the trial of an information against the defendant difcharge the for immoderately beating one Brathwaite, who was his apprentice, or apprentice by indenture -LORD SAUNDERS held at the apprentice Guildhall, that the juftices of the peace might, by the from the maftet. 43. Eliz. c. 2. difcharge either an apprentice from his mafter or è contra; and faid, that it was fo refolved by LORD HALE. -The defendant was convicted.

fee fit, may dif

713. Watkins v. Edwards, Trinity Term, 29. Car. 2. The feffions 1. Mod. 286.--Action of covenant brought by an infant may either pu by his guardian, for that the plaintiff being bound ap- nifh the apprenprentice to the defendant by indenture, &c. the defen- tice, or, if they dant did not keep, maintain, educate, and teach him in charge the inthe trade of a draper, as he ought, but turned him away. dentures, wheThe defendant pleads, that he was a citizen and freeman ther the appli of Briftol, and that at the general feffions of the peace, complaint of the there was an order that he fhould be difcharged of the matter or the plaintiff apprentice.

cation be on

$. C. 2. Keb.

822.

S. C. 1. Vent.

174

plaintiff for his diforderly living, and beating his master and miftrefs, and that this order was inrolled by the clerk of the peace, as it ought to be, &c. To this the plaintiff demurred. It was faid for the plaintiff, that the ftatute of 5. Eliz. c. 4. doth not give the juftices, &c. any power to difcharge a master from his apprentice, in cafe the fault be in the apprentice, but only to minister due correction and punishment to him.- PER CURIAM. That (a) See the pre- hath been over-ruled here (a). The juftices, &c have the ceding cafe.

fame power of difcharging upon complaint of the mafter, as upon complaint of the apprentice; elfe that master would be in a moft ill case that were troubled with a bad apprentice, for he could by no means get rid of him. SECONDLY, It was urged on the plaintiff's behalf, that he had not, for aught that appears, any notice or fummons b) 11, Ce. 99. to come and make his defence, as in Bagg's cafe (b), and this very ftatute fpeaks of the appearance of the party, and the hearing the matter before the juftices, &c.SAUNDERS, for the defendant: In this cafe the justices are judges, and it being pleaded that fuch a judgment was given, that is enough, and it fhall be intended all was regular.-TWISDEN and RAINSFORD, Juftices. That which we doubt is, whether the defendant ought not to have gone to one juftice, &c. FIRST, as the flatute directs, that he might take order and direction in it, and then if he could not compound and agree, he might have applied himself to the feffions; for the ftatute intended there fhould be, if poffible, a compofure in private, and the power of the feffions is conditional, viz. if the one juftice cannot end it (c). In case of a bastard child, they cannot go to the feffions per faltum, and we doubt they cannot in this cafe: It is a new cafe, and the matter will be, whether this ought to be fet down in the pleading. Adjournatur.

(c) SeeGateley's cafe, Sett. and

Rem. page 131. pl. 176. that a

previous application must

be made to one juftice; but it seems now to be fettled, that the feffions have an original jurifdiction. Vide poft. S. C. page 512. pl. 721. and the cafes of Rex v. Amie, and Rex v.

Heafeman.

The feffions

may order part

be returned,

when the apprentice is in fault.

714. Du Hamel's Cafe, Eafter Term, 35. Car. 2. Skinner 108.--An apprentice to Du Hamel, upon complaint of the money to to the feffions, was difcharged by their order for default of the mafter, who was ordered to restore part of the money, and deliver up the indentures.-SAUNDERS, Chief Juftice, faid, That the juftices having authority to difcharge the apprentice by the 5. Eliz. c. 4. it was a power incident to their authority to order part of the money to be returned, and the indentures to be delivered he cited a cafe where part of the money was returned, though the apprentice was difcharged for his own fault. 715. Anonymous,

and

ideot may be

difcharged.

715. Anonymous, Trinity, 35. Car. 2. Skin. 114.-A Apprentice appoor boy who had been put out apprentice by the pearing to the am juftices, after three years fervice, plainly appeared to be an ideot incapable of learning his trade. Hereupon his mafter was discharged of him, and he was fent back to his parish by an order of feffions.-PER CURIAM. This is a good order. It would be hard upon the mafter to keep one who could do him no fervice, while the parith fhould go free.

See Brownl. 67.
Hob. 134.

See pl. 301.

716. Woodroffe v. Farnham, Trinity, 6. William & Mary, Gaming. 2. Vern. 291. PER CURIAM. By the cuftom of London a mafter can juftify turning away his apprentice for frequenting gaming-houses, and may juftify it before the

chamberlain.

717. Anonymous, Hilary Term. 35. Car. 2. Skinner, 8. Juftices at a -Four juftices at a private feffions had difcharged an Private feffions apprentice, and afterwards at a general feffions the juf- apprentices.

tices fet that order afide; and THE COURT held, that an apprentice could not by 5. Eliz. c. 4. be difcharged but at general feffions.

cannot discharge

ter do not ap

718. Ditton's Cafe. Eafier Term, 1. Will. 3. 2. Salk. The feffions 491.-Exception to an order of feffions for the difcharge may difcharge of an apprentice, that Ditton the mafter was bound over an apprentice but did not appear; and it is exprefsly directed by the though the maf act, that the difcharge is to be made on the appearance pear. of the mafter. Pefides, there is another remedy, to pro- 1. Mod. 2. ceed on the recognizance, which is forfeited by non- 5. Mod. 139. appearance. PER CURIAM. The act must have a reafonable conftruction, fo as not to permit the master to take advantage of his own obstinacy; otherwife, if the mafter run away, the apprentice can never be difcharged.

Salk. 68.

719. Anonymous, Michaelmas Term, 7. Will. 3. Salk, 470. The order of -If an apprentice be difcharged from his mafter, the ffions must be ftatute requires that the difcharge thould be under the under the banda and feals of the hands and feals of four juftices of the peace; but in justices. certiorari, to remove the order, it is fufficient in the re- s. C. Sett, and turn to take notice of the order fo made, for it is not Rem. 132. neceffary to certify the difcharge itself,

6. Mod. 182.

720. Stephenfon v. Holditch, Hilary, 1694, 2 Vern. 491. Marriage. -An apprentice in London had married without the privity of his mafter, yet that would not juftify his master in turning him off, but muft fue his covenant.

721. Rex

« PreviousContinue »