BITANTS OF UPON DUNS- REX v. INNA-"eftate in the following manner-All thofe legacies de"vifed, to be paid out of Clifton lands." The court of feffions found, "that the charity in queftion is a "PUBLIC CHARITY," and "that the faid fifty pounds "given to Clifton was not paid until about eight years "after the faid will was proved: and on that account "there was seventy pounds paid inftead of fifty pounds "as the faid legacy to Clifton." The objection was, that the indentures of this apprentice George Hammond's were not valid, because they had not paid the duty on the apprentice fee.-MR, DUNNING now moved, that, as the feffions have exprefsly returned "that the charity in quef"tion is a PUBLIC CHARITY," the cafe was within 8. Ann. c. 9. f. 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 neceffary that the indentures fhould be ftamped.-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 teftatrix's brother, Whether to put out children apprentices with the money, or not.-But THE COURT (exclufive of Lord Mansfield, who was gone) held it to be a PUBLIC CHARITY. Churchwardens XII. Of apprentices to CHIMNEY-SWEEPERS. 831. By 28. Geo. 3. c. 48. f. 1. " WHEREAS the laws and overfeers of " now in being refpecting matters and apprentices do not the poor, with " provide fufficient regulations, fo as to prevent various confent of two complicated miferies to which boys employed in climb. "ing and cleanfing of chimnies are liable, beyond any "other employment whatfoever, in which boys of "tender years are engaged: and whereas the mifery of "the faid boys might be much alleviated, if fome legal "powers and authorities were given for the regula juftices, may chargeable, &c. tion of chimney-fweepers and their apprentices : "BE IT ENACTED, That the churchwardens and over"feers of the poor for the time being of the feveral "and refpective parishes, townships, or places, within "the kingdom of Great-Britain, by and with the confent "and approbation of two or more of his majefty's jus"tices of the peace, acting in and for any county, riding, "city, town-corporate, borough, or divifion, within "Great-Britain (fuch confent and approbation to be fig"nified by fuch juftices in writing under their hands, 1 "according to the form prefcribed by the indenture), to 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 fhall be chargeable, or whofe parents are or "fhall become chargeable to the parish or parishes, or "places where they fhall fo be; or who fhall beg for "alms; or by and with the confent of the parent or pa"rents of fuch boy or boys, to be apprentice and appren"tices to any perfon or perfons ufing or exercifing the "trade, bufinefs, or myftery of a chimney-fweeper, for "fo long time, and until fuch boy or boys fhall at"tain or come to the age of fixteen years; and fuch bind❝ing out any fuch apprentice and apprentices fhall be as "effectual in the law, to all intents and purpofes, as if "fuch boy or boys was or were of full age, and by inden"ture had bound himself or themfelves an apprentice or ❝ apprentices. 832. By 28. Geo. 3. c. 48. f. 2. "The age of every The age of the "fuch boy or boys fo to be bound apprentice or appren- apprentice to be "tices fhall be mentioned and inferted in fuch indenture, inferted in the "being taken truly from the copy of the entry in the register-book, wherein the time of his or their being "baptized is or fhall be entered (where the fame can or "may be had); which copy fhall be given and attefted "by the minifter, vicar, or curate of fuch parish or pa"rifhes or places wherein fuch boy or boys baptifin shall "be registered without fee or reward, and may be written "upon paper or parchment without any ftamp or mark; "and where no fuch copy of fuch boy or boys being "baptized can be had, fuch juftices of the peace fhall, "as fully as they can, inform themfelves of his or their age or ages, and from fuch information fhall infert the "fame in the faid indenture; and the age of such boy or boys fo inferted and mentioned in the faid indenture "(in relation to the continuance of his or their fervice), "hall be taken to be his and their true age and ages, "without any further proof thereof." indenture. 833. By 28. Geo. 3. c. 48. f. 3. "Such indenture fhall 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 fame fhall denture in the "not be charged with or liable to the payment of any schedule. "higher or other ftamp duty than is now charged upon "indentures for binding out poor children by their re"spective parishes or places; any law or ftatute to the " contrary notwithstanding." ་ PP3 834. By Penalty on per 834. By 28. Geo. 3. c. 48. f. 4. "All indentures, cofons taking ap-venants, promifes, and bargains hereafter to be made or "taken, of or for the having, taking, employing, retain prentices under the age of eight years, poor of any township or as churchwardens. ing, or keeping of any boy or boys, as or in the nature "of an apprentice or apprentices, or fervant or fervants, "employed in the capacity of a climbing-boy or chimney "fweeper, who fhall be under the age of eight years as "aforefaid, than is by this act limited, ordained, and "appointed, fhall be abfolutely void in the law to all "intents and purposes: and every perfon who shall "from henceforth have, take, employ, retain, or keep any fuch boy or boys as or in the nature of an appren"tice or apprentices, or fervant employed in the capacity "of a climbing-boy or chimney-fweeper as aforefaid, "who shall be under the age of eight years as aforefaid, "contrary to the tenor and true meaning of this act, and "being convicted thereof, as hereinafter mentioned, fhall "fo feit and pay for every fuch apprentice or fervant fo "by him or her had, taken, employed, retained, or kept, "any fum not exceeding ten pounds, nor less than five "pounds." Overfeers of the 835. By 28 Geo. 3. c. 48. f. 5. "And whereas in many large "parishes within this realm there are feveral townships or villages, and overfeers of the poor are chosen and apvillage may act pointed within and for each fuch township or village "respectively; BE IT ENACTED, That the overfeers of "the poor of every fuch township or village fhall and from time to time, within every fuch 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 overfeers of the poor of the parish or place; any thing herein, or in any other law or laws con"tained to the contrary in anywife notwithstanding." Juftices to determine com plaints between mafters and apprentices. may 836. By 28. Geo. 3. c. 48. f. 6. "It fhall and may "be lawful for one or more fuch juftice or juftices, and he or they fhall have full power and authority, and is and are hereby authorized and empowered to enquire "into and examine, hear, and determine, as well all "complaints of hard or ill ufage from the feveral and re fpective masters or miftreffes to whom fuch apprentice "and apprentices fhall be fo bound as aforefaid; as alfo "all complaints of fuch boys as already have, or who "fhall at any time hereafter voluntarily put themselves "apprentices to fuch trade, bufinefs, or mystery of a "chimney-fweeper as aforefaid; and in like manner alfo "to enquire into and examine, hear, and determine all "complaints of mafters or mistreffes against fuch appren"tice and apprentices, and to make fuch orders therein, refpectively, as he or they is or are now enabled by law "to do in other cafes between mafters and apprentices." 66 at the fame time. 837. By 28. Geo. 3. c. 48. f. 7. "No perfon or perfons Not more than "ufing or exercifing the trade, bufinefs, or myftery of a fix apprentices "chimney-fweeper, fhall retain, keep, or employ any "more than fix apprentices at one and the fame time; "and the name of every perfon fo taking or re"ceiving an apprentice or apprentices as aforefaid, and "alfo the place of his or her abode, fhall be marked or 66 put upon a brass plate, to be set or affixed in the front "of a leathern cap, which every mafter or mistress fhall "provide for each fuch apprentice, and which he fhall "wear when out upon his duty; and every master or "mistress shall forfeit for every apprentice fo retained, "kept, or employed by him or her beyond the number "limited by this act, or for neglecting to provide each "fuch apprentice with fuch leathern cap, and brafs plate "to be fo affixed thereupon, and marked with his or her "name and place of abode as aforefaid, contrary to the "true intent and meaning of this act, any fum not ex"ceeding the fum of ten pounds, nor lefs than five pounds." of the covenants 838. By 28. Geo. 3. c. 48. f. 8. "If any fuch mafter Penalty on the or mistress fhall mifufe or evil treat his or her appren- mafter for "tice, or that the faid apprentice fhall have any juft caufe breach of any "to complain of the forfeiture or breach of any of the (pecified in the covenants, claufes, or agreements to be expreffed and indenture. "contained in fuch indenture, made and written out ac 66 cording to the form in the schedule hereunto annexed, "on the part and behalf of fuch mafter or mistress, "then and in fuch cafe fuch mafter or mistress, being "convicted thereof in manner hereinafter mention. ed, fhall forfeit and pay for every fuch offence any "fum not exceeding ten pounds, nor lefs than five "pounds.' the streets be 839. By 28. Geo. 3. e. 48. f. 9. "No perfon or perfons That boys shall "ufing or exercifing the trade, bufinefs, or mystery of a not be let out to "chimney fweeper, fhall let out to hire, or lend by the hire, nor to call "day or otherwife, to any other perfon for the purpofe fore a certain "of fweeping chimnies, any boy or boys that are already time. "appr ntice or apprentices, or that fhall hereafter be "bound apprentice or apprentices, under the directions P p 4 "of Convictions for penalties and forfeitures to be made befor one er more juf ices of the peace. Penalties how "of this act, nor fhall caufe fuch boy or boys to call the 840. By 28. Gee. 3. c. 48. f. 10. "All convictions for penalties and forfeitures by this act impofed for any "offence against the fame, thall be made before one or 66 more juftice or justices of the peace acting for the "county, riding, city, town, borough, or divifion, where "fuch offence was committed, either by confeffion of the "offender, or upon the oath of one or more credible witnefs "or witneffes; and for that purpofe it fhall be lawful for "one or more fuch juftice or juftices, upon complaint "made to him or them thereof, to fummon the perfon or "perfons fo offending before him or them to answer to "fuch complaint, in fuch manner as he or they is and are "authorized to do in any other matter cognizable before "a magistrate." 66 841. By 28. Geo 3. c. 48. f. 11. "All penalties and to be levied and forfeitures by this act impofed for any offence, neglect, applied. or default against the ame, and all cofts and charges to "be allowed and ordered by the authority of this act, "fhall be levied by diftrefs and fale of the goods and "chattels of the offender, or perfon liable or ordered to pay the fame refpectively, by warrant under the hand "and feal of one or more fuch justice or justices of the peace acting for the county, riding, city, town, borough, "or divifion where fuch offence, neglect, or default thall "happen; and fuch order for payment of fuch cofts or 66 charges fhall be made, rendering the overplus of fuch "diftrefs and fale (if any) to the party or parties, after "deducting the charges of making the fame; which war"rant fuch juftice or juftices is and are hereby empow"ered and required to grant, upon conviction of the offender, by confeffion, or upon the oath of one or more credible witnefs or witneffes, or upon order made as "aforesaid; and the penalties and forfeitures, cofts and "charges, when fo levied, fhall be paid, the one half to the informer, and the other half to the overseers of the of the parish, township, or place where the mafter poor |