Rex v. tice affented to void. their general relief. In conftruing the words, I see no reafon for confining the powers of binding on the inha~ bitants of the parith; they ought to be extended to perfous occupying lands in the parish, though refiding out of it. Then it is faid, that if this conftruction be put upon the ftatute, the party may be doubly charged in the parish in which he lives in refpect of his inhabitancy, in that in which he has lands in refpect of his occupation of them; but if he find himfelf aggrieved he may appeal to the feffions, and we must take it for granted that the juftices will do what is right. They are to adapt the charge to the fize of the property which the perfon charged poffeffes; and thefe are incidental charges which fall on him in refpect of that property. I remember it was argued in a former court on this fubject, that if this conftruction of the ftatute was to prevail, fome parishes would difburden themfelves of many of their poor, by apprenticing out their poor children to perfons living out of the parish. But the anfwer to any fuch argument is, that at the time when the 43 Eliz. was paffed, the ftatute 13. & 14. Car. 2. was not in existence. However, the ground of my decifion here is, that this is one of the modes provided for the maintenance of the poor in this ftatute, which impofes the duty in refpect of the property.-ASHHURST, BULLER, and GROSE, Justices, of the fame opinion.-Order of feffions confirmed. An indenture of 794. Rex v. Hamftall Ridware, Trinity Term, 29. Geo. 3. a parifh appren- 3. Term Rep. 380.-The pauper Ann Cradock being fettled at Rudgly, was bound by indentures by the parifh-officers by two juftices of Rudly as a parith apprentice to Susannah Cotton, of the Separately is fame place, who affigned her by deed to S. Walker, of Hamflall Ridware, with whom the refided there under the indenture for more than forty days, and till the time of his death, when the was removed by order of two juftices from Hamftall Ridware to Rudgly. The indenture was feparately allented to by two juftices of the peace by figning the fame; but the two juftices did not affent to dr fign the fame at the fame time, or in the prefence of each other. The court of feffions at Stafford quafhed the order by which the pauper was removed to Rudgly.LORD KENYON, Chief Juftice. Perhaps the rule requiring the concurrence of two magiftrates at the fame time may be fometimes attended with inconvenience: but the rule has been long fettled to be, that the concurrence of juftices together is not neceffary where the act to be done is merely minifterial; but they must confer together and form a joint opinion where the act is of a judicial nature. It has been held (whether rightly fo or not we are not now to enquire), that the allowance of a poor rate is an act merely minifteria!, and that being once eftablished, the confequence refults, that the two magiftrates need not meet when they allow the rate. The words, indeed, of the fection on which this question arifes, are nearly fimilar to thofe ufed in the firft, under which the poor rate is to be allowed: but when the nature of this cafe is confidered, it appears to be one of the moft ferious fubjects that fall within the decifion of the juftices; for they are empowered by this act of parliament to take children out of the arms of their parents, and to bind them out as appren tices till they are twenty-one years of age. The law has made them the guardians for thofe children, who have no others to take care of them, and who ought to judge of the fitnefs of the perfons to whom the poor children are thus to be apprenticed; not the overfeers, who are frequently obfcure people, and perhaps in managing the bufinefs of the parish are not always attentive to the feelings of parents. But the legiflature intended that the magiftrates Thould have a check and controul over the parith-officers in this inftance; and in my mind they are called upon to examine with the moft minute and anxious attention the fituations of the mafters to whom the apprentices àre to be bound, and to exercise their judgment folemnly and foberly before they allow or difallow the act of the parifh-officers; for which purpofe it is neceffary that they Thould confer together.-ASHHURST, Juftice, The act of the juftices in this cafe is in its nature an act of judg ment; they are the guardians of the morals of the people, and ought to take care that the apprentices are not placed with mafters who may corrupt their morals. The juftices therefore fhould enquire particularly whether or not they ought to allow the binding by the parifh-officers; and I think they would be guilty of a breach of duty, if they implicitly gave their affent without examining into the circumstances of the cafe.-BULLER, Julice. It is not eafily to be reconciled with any principle of common fenfe to fay, that an act which is merely minifterial must be done with the content of two juftices; and I much doubt whether the perfons who brought in the act (43. Eliz. c. 2.), requiring the confent of two magiftrates to the allowance of a poor rate, intended that the act of allowing it fhould be only minifterial; for it feems abfurd to require the affent of two juftices, and yet not to give them the power of withholding it if they fee occafion. But the legiflature has not given them any authority to exercise their judgment upon that fubject; and therefore this court REX V. HAMSTALL RIDWARE. REX v. RIDWARE. court has faid on the conftruction of that ftatute, that HAMSTALL their allowance of the rate is merely minifterial: but the act of affenting to the binding of parifh-apprentices is purely judicial, for on appeal the juftices at the feffions are not only to confider the propriety of binding out the apprentice, but alfo whether the mafter be bound to take him.-GROSE, Juftice. This act is peculiarly of a judicial nature, for the magiftrates are appointed the guardians of those who have no other guardians; they fhould therefore exercife their judgment in this cafe with great deliberation.-Order of feflions quafhed. In binding a parifh apprenftat. 20. Geo. 3. c. 36. it is not neceffary that tice under the the mafter 795. Rexv. Tunftead and Happing, Hilary Term, 30. Geo. 3. 3. Term Rep. 523-The directors and guardians of the poor within the hundreds of Tunftead and Happing, in the county of Norfolk, by virtue of the power given them by the 25. Geo. 3. c. 27. with the confent of two juftices, bound a poor male child belonging to one of the hundreds hould actually apprentice to Jofeph Reynolds, who is an occupier of lands but refide in the pa- not an inhabitant within the hundreds. Reynolds appealed an occupier there to the court of feffions, who were of opinion that he was it is fufficient; not bound to receive the apprentice, because he was not for inhabitant an inhabitant as well as occupier; fubject, however, to the and occupier are for this purpofe opinion of this court on a cafe flating thefe facts. By the 25. Geo. 3. c. 27. The directors are empowered, with the confent of two juftices for the county of Norfolk, ་ to bind any child or children to be apprentices to any occupier or occupiers of lands or tenements, or to any perfon or perfons ufing any trade in any parifh, hamlet, or place within the hundreds whom they fhall judge "proper perfons to take apprentices, &c.; and the per"fons to whom fuch children fhall be bound apprentices, "fhall be bound to receive and provide for fuch appren fynonymous. (a) 1.Burr.447: tices in like manner as they are now obliged by the "laws in being to provide for apprentices."-MINGAY and COOPER, in fupport of the order of feffions, obferved, that the ftatutes 20. Geo. 3. c. 36. and 25. Geo. 3, C. 27. were made in pari materia, and ought therefore to be taken into confideration together (a). The former is entitled, "Anact for obviating doubts touching the binding "and receiving of poor children apprentices, in pursuance "of feveral acts of parliament made for the relief of the "poor within particular incorporated hundreds or dif"tricts." It recites," That feveral acts had been paffed "for the better relief and employment of the poor in "particular incorporated hundreds, whereby power is "given to bind poor children apprentices under certain "reftrictions therein mentioned; and that doubts had “arifen REX V. TUNSTEAD and "arifen whether perfons are compellable to receive fuch "poor children, &c." And it enacts, "That fuch per"fons fhall be compellable to receive and provide for HAPPING. "fuch poor children; with a provifo, that nothing in "the act fhall be conftrued to compel any perfon to take "any fuch poor child apprentice, unless fuch perfon fhall "be an inhabitant and occupier of lands, &c, in the parish "to which fuch child belongs." Now the clear meaning of thefe two ftatutes taken together is, that no perfon fhall be bound to receive an apprentice unless he be an inhabitant as well as occupier in the parish; and this cafe is dif tinguishable from that of Rex v. Clapp (a), for that was (a) Ante, page determined on the 43.Eliz. c. 2.-LORD KENYON, Chief 559. pl. 793. Juftice (ftopping LE BLANC Serjeant, and PRESTON, contra). This cafe is not to be diftinguished on principle from that of Rex v. Clapp; and we fee no reason to depart from the opinion which we gave in that cafe. It would require very ftrong words to convince me that this particular district should be governed by a different law from the generality of parishes throughout the kingdom. If indeed the legislature had ufed imperative words, we must have been bound by them; but there are none fuch in this ftatute. Here great ftrefs has been laid on the provifo in 20. Geo. 3. which has the words inhabitants and occupiers. Now the ftatute 43. Eliz. ufes the word inhabitants, which has been held not to be confined to refiants. And LORD COKE (b), in his reading (6) 2. Inft.702. on the 22. Hen. 8. c. 5. relative to the repairing of bridges by the inhabitants of counties, fays, that the word inhabitants includes thofe who occupy lands in the county, though they do not refide there. For fome purposes, inhabitants and occupiers are fynonymous terms. Where a perfon derives a benefit from property which he occupies in a parish, he is liable to contribute to the cafe of it. And in Rex v. Clapp we obferved, that this was one of the modes by which he was to contribute to the cafe of his parish. If indeed the legislature had added the word refi ants to inhabitants in this act of parliament, that would have confined this burden to perfons actually refiding within the parish.-The three other Judges concurring, Order of feffions quafhed. Parish-boy may he put out apprentice to the fea fervice to mafters of ships, &c. (a) See 4. Ann c: 9. f. 16. poft, Boy's age to be X. Of apprentices to SEA-SERVICE. 796. By 2. & 3. Ann. c. 6. f. 1. "WHEREAS the giving "due encouragement to fuch of the youth of this king"dom as fhall voluntarily betake themselves to the fea"fervice and practice of navigation, and obliging others "who by reafon of their own or their parents poverty are "deftitute of employment, or any lawful means whereby "to maintain themfelves, may greatly tend to the increafe "of able and experienced mariners and feamen, for the "fervice of her majesty's ROYAL NAVY, and for the car"rying on the trade and commerce of this kingdom; "BE IT ENACTED, That it fhall and may be lawful to "and for two or more juftices of the peace in their fe"veral and respective counties, ridings, or divifions, as "alfo to and for all mayors, aldermen, bailiffs, and other "chief officers and magiftrates of any city, borough, or town-corporate, within her majefty's kingdom of En"gland, dominion of Wales, and town of Berwick-uponTweed, and likewife to and for the churchwardens and overfeers of the poor for the time being, of the feveral "and refpective parifhes within the places aforefaid, by "and with the confent and approbation of fuch juftices "of the peace, mayors, aldermen, bailiffs, or other the "chief officers or magiftrates aforefaid, to bind or put "out any boy or boys who is are or fhall be of the age of ten years or upwards (a), or who is are or shall be chargeable, or whofe parents are or fhall become chargeable to the refpective parish or parifhes wherein they "inhabit, or who fhall beg for alms, to be apprentice and apprentices to the fea-fervice, to any of her majesty's "fubjects, being mafters or owners of any fhip or veifel "ufed in fea-fervice, and belonging to any port or ports "within the kingdom of England, dominion of Wales, "and town of Berwick-upon-Tweed aforefaid, for fo long "a time and until fuch boys fhall refpectively attain or "come to the age of one-and twenty years; and fuch binding out any fuch apprentice fhall be as effectual in the "law, to all intents and purpofes, as if fuch boy were of "full age, and by indenture had bound himself an appren"tice." inferted in his indentures, &c. « '' 797." And to the end that the time of the continuance "of the fervice of fuch apprentice or apprentices may the more plainly and certainly appear, the age of every fuch "boy fo to be bound apprentice fhall be mentioned and inferted in his indentures, being taken truly from a 66 copy |