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Rex v. INHA- « eftate in the following manner-All those legacies de vised, to be paid out of Clifton lands.”
The court CLIFTON
of sessions found, " that the charity in question is a UPON Duns.
" PUBLIC CHARITY,” and “that the said fifty pounds MORE,
“ given to Clifton was not paid until about eight years o after the said will was proved: and on that account “ there was feventy pounds paid instead of fifty pounds
as the faid legacy to Clifton.” The objection was, that the indentures of this apprentice George Hammonds were not valid, because they had not paid the duty on the apprentice fee.-MR, DUNNING now moved, that, as the fertions have expressly returned that the charity in quef" lion is a PUBLIC CHARITY,” the case was within 8. Ann. c.9. 1.40. by which money given to put out apprentices, either by parishes or by or out of any PUBLIC CHARITIEs, is not to pay any duty, nor is it necessary that the indentures should be stamped.--MR.WALLACE, contra, for the parish of Clifton, argued that this was not A PUBLIC CHARITY, but a private one; because it was entirely left to the choice of the testatrix's brother, Whether to put out children apprentices with the money, or not. But THE COURT (exclusive of Lord Mansfield, who was gone) held it to be a PUBLIC CHARITY.
XII. Of apprentices to CHIMNEY-SWEEPERS.
831. By 28. Geo. 3. c. 48. f. 1. “Whereas the laws and oversers of " now in being refpecting inatters and apprentices do not the poor, with “ provide fufficient regulations, so as to prevent various consent of two is complicated miseries to which boys employed in climb. juftices, may
ing and cleansing of chimnies are liable, beyond any bind boys chargeable, &c.
" other employment whatsoever, in which boys of apprentices to “ tender years are engaged : and whereas the misery of chimney. " the said boys might be much alleviated, if some legal (weepers.
« powers and authorities were given for the regula-
« according to the form prescribed by the indenture), to şi bind or put out any boy or boys who is, are, or shall “ be of the age of eight years or upwards, and who is, « are, or shall be chargeable, or whose parents are or "s shall become chargeable to the parish or parishes, or “ places where they shall fo be; or who shall beg for “ alms ; or by and with the consent of the parent or pa“ rents of such boy or boys, to be apprentice and appren“ tices to any person or persons using or exercising the “ trade, bufineis, or mystery of a chimney-sweeper, for u so long time, and until such boy or boys shall at“ tain or come to the age of fixteen years; and such bind“ing out any such apprentice and apprentices shall be as « effc&tual in the law, to all intents and purposes, as if “ such boy or boys was or were of full age, and by inden“ ture had bound himself or themselves an apprentice or " apprentices.
832. By 28. Geo. 3. c. 48. f 2. “The age of every The age of the “ such boy or boys fo to be bound apprentice or appren- apprentice to be “ tices shall be mentioned and inserted in such indenture, inserted in the
indenrure. being taken truly from the copy of the entry in the “ register-book, wherein the time of his or their being
baptized is or shall be entered (where the same can or may be had); which copy shall be given and attested
by the minister, vicar, or curate of such parish or pa“ rishes or places wherein such boy or boys baptism shall “ be registered without fee or reward, and may be written
upon paper or parchment without any stamp or mark; “ and where no such copy of such boy or boys being
baptized can be had, such justices of the peace shall, ." as fully as they can, inform themselves of his or their
age or ages, and from such information shall infert the “ same in the faid indenture ; and the age of such boy or “ boys so inserted and mentioned in the said indenture “ (in relation to the continuance of his or their service), “ Thall be taken to be his and their true age and ages, (without any further proof thereof."
833. By 28. Geo. 3. C. 48. f. 3. "Such indenture shall Reference to the “ be made and written out according to the form in form of the in« the schedule stated in the act, and the faine , Thall denture in the “not be charged with or liable to the payment of any
schedule. "higher or other stamp duty than is now charged upon “indentures for binding out poor children by their re“ spective parishes or places : any law or statute to the contrary notwithstanding.”
Penalty on per- 834. By 28. Geo. 3. c. 48. f. 4. “ All indentures, cofons taking ap- şv venants, promises, and bargains hereafter to be made or prentices under “ taken, of or for the having, taking, employing, retainthe age of eight
ing, or keeping of any boy or boys, as or in the nature years,
“ of an apprentice or apprentices, or servant or servants;
employed in the capacity of a climbing-boy or chimney
sweeper, who shall be under the age of eight years as 6 aforesaid, than is by this act limited, ordained, and “ appointed, thall be absolutely void in the law to all “ intents and purposes: and every person who shall " from henceforth have, take, employ, retain, or keep “ any such boy or boys as or in the nature of an appren“ tice or apprentices, or servant employed in the capacity “ of a climbing-boy or chimney-sweeper as aforesaid, “ who shall be under the age of eight years as aforesaid, “contrary to the tenor and true meaning of this act, and " being convicted thereof, as hereinafter mentioned, thalt “ fo feit and pay for every such apprentice or servant fo “ by him or her had, taken, employed, retained, or kept, “any sum not exceeding ten pounds, nor less than five
“pounds.” Overseers of the 835. By 28 Geo. 3.c. 48.1.5.“ And whereas in many large poor of any “parishes within this realm there are several townships township or
or villages, and overseers of the poor are chosen and apvillage may act « pointed within and for each such township or village as churchwar
" respectively; BE IT ENACTED, That the overseers of ço the poor of every such town thip or village shall and “may from time to time, within every such township or “ village, do, perform, and execute all and every of the "acts, powers, and authorities hereby enacted or directed “ to be done, performed, or executed by the churchwar« dens or overseers of the poor of the parish or place ;
any thing herein, or in any other law or laws con
“tained to the contrary in anywise notwithstanding." Justices to de
836. By 28. Geo. 3. C. 48. f. 6. “ It shall and may termine com- “ be lawful for one or more such justice or justices, and plaints between « he or they shall have full power and authority, and is masters and ap- « and are hereby authorized and empowered to enquire prentices.
“into and examine, hear, and determine, as well all “complaints of hard or ill usage from the several and re
spective masters or mistresses to whom such apprentice « and apprentices shall be fo bound as aforesaid; as also " all complaints of such boys as already have, or who " shall at any time hereafter voluntarily put themselves “ apprentices to such trade, business, or mystery of a chimney-sweeper as aforesaid; and in like manner also
at the same timne.
“ to enquire into and examine, hear, and determine all
respectively, as he or they is or are now enabled by law
837. By 28. Geo. 3. c.48. 1: 7, " No person or persons Not more than “using or exercising the trade, business, or mystery of a fix apprentices
chimney-sweeper, shall retain, keep, or employ any “ more than six apprentices at one and the same time; " and the name of every person so taking or re
ceiving an apprentice or apprentices as aforesaid, and
put upon a brass plate, to be set or affixed in the front
wear when out upon his duty; and every master oi
ceeding the sum of ten pounds, nor less than five
838. By 28. Geo. 3. C. 48. f. 8. “If any such master Penalty on the “ or mistress Thall misuse or evil treat his or her appren- master for
breach of any “ tice, or that the said apprentice shall have any just cause “ to complain of the forfeiture or breach of any of the specified in the “ covenants, clauses, or agreements to be expressed and indenture. “ contained in such indenture, made and written out ac“ cording to the form in the schedule hereunto annexed,
on the part and behalf of such master or mistress, 5 then and in such case such master or mistress, being « convicted thereof in manner hereinafter mention“ ed, fhall forfeit and pay for every
such offence any “ fum not exceeding ten pounds, nor less than five f pounds.'
839. By 28. Geo. 3. €. 48. f. 9: "No person or persons That boys fhall
uling or exercising the trade, bufiness, or myftery of a not be let out to “ chimney sweeper, shall let out to hire, or lend by the hire, nor to call “ day or otherwise, to any other person for the purpose fore a certain " of sweeping chimnies, any boy or boys that are already time. “ appr ntice or apprentices, or that shall hereafter be " bound apprentice or apprentices, under the directions
of the covenants
P p 4
“ of this aệt, nor shall cause such boy or boys to call the
Itreets before seven of the clock in the morning, nor “ after twelve of the clock at noon, between Michaelmas " and Lady-Day, nor before five of the clock in the moin
ing, nor after twelve of the clock at noon, between Lady. " Day and Michaelmas; and if any master or mistress “ Thall, after the paising of this act, offend in any of the “ cales aforesaid, he or lhe shall forfeit and pay for every “ such offence any fum not exceeding ten pounds, nor
“ less than five pounds.” Convictions for
840. By 28. Gen. 3. C. 48. f. 10. “ All convictions for penalties ond
penalties and forteitures by this act imposed for any forfeitures to be made befor one
offence against the same, shall be made before one or or more jutices inore justice or justices of the peace acting for the of the peace.
" county, riding, city, town, boroug, or division, where “ such offence was committed, either by confeffion of the “ offender, or upon the oath of one or more credible witnefs " or witnesses; and for that purpose it shall be lawful for « one or more such justice or justices, upon complaint
mace to him or them thereof, to summon the person or “ persons fo offending before him or them to answer to 5 such complaint, insuch manner as he or they is and are “ authorized to do in any other matter cognizable before
"a magistrate Penalties how
841. By 28. Gco 3. C. 48. f. 11. “All penalties and to be levied and
« forfeitures hy this act imposed for any offence, neglect, applied.
or default against the :ame, and all c ft, and charges to " be allowed and ordered by the authority of this act, “ shall be levied by distress and sale of the goods and “ chattels of the offender, or person liable or ordered to « pay the same respectively, by warrant under the hand " and seal of one or more such justice or justices of the “ peaceacting for the couny, riding, city, town, horough, " or divifion where such offence, neglect, or default ihall “happen ; and such order for payment of such costs or " charges shall be made, rendering the overplus of such u distress and sale (if any) to the party or parties, after " dedu&ting the charges of making the same; which war"rant such justice or justices is and are hereby empow. “ ered and required to grant, upon conviction of the of*fender, by confession, or upon the oath of one or more * credible witness or witnesses, or upon 'order made as “afore aid; and the penalties and forfeitures, costs and " clarges, when so levied, shall be paid, the one half to * the informer, and the other half to the overseers of the " poor of the parish, township, or place where the master