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may refpectively apply to a juftice of the peace, who fhall make fuch order between them as the equity of the cafe fhall require, i. 503. pl. 696 45. And if the juftice cannot fettle the matter, he fhall take bond of the mafter to appear the next feffions, i. 503. pl. 697 46. And the feffions may, by order under hand and feal, difcharge the apprentice from his indentures for a default in the mafter,

i. 504pl. 698 47. And if the default fhall be found in the apprentice, may cause such due correction and punishment to be miniftered unto him as shall be thought meet, i. 504. pl. 699 48. By 20. Geo. 2. c. 19. 3. two justices of the place where any malter or mistress may dwell, upon the complaint of any apprentice with whom they have received no larger apprentice fee than five pounds, touching any ill usage, &c. may examine fuch complaint, and difcharge fuch apprentice from his indentures, i. 505. pl. 701

49. By 20. Geo. 2.

c. 19. f. 4. it fhall be lawful for fuch juftices, upon complaint upon oath by any mafter or mistress against any fuch apprentice touching any mildemeanour, &c. to hear and determine the fame, and to punish the offender, &c. i. 505. pl. 702 50. And by 20. Geo. 2. c. 19. f. 5. if any perfon or perfons fhall think themselves aggrieved by any determination, order, or warrant of fuch justice or juftices (fave and except any order of commitment), they may appeal to the next general quarter-feffions of the place where fuch order shall be made, where the fame fhall be finally heard and determined, and coffs given not exfeeding forty fhillings, i. 505,

pl. 703

51. By 6. Geo. 3. c. 25. any one juftice of the peace where the mafter refides, may fue out his warrant to apprehend any apprentice who has abfented himself from his mafter's fervice, and caufe fuch apprentice to ferve or make fatisfaction for the time he was abient, and, on refufal to give fecurity fo to do, may commit him for three months, provided the application be made within feven years after the expiration of the indentures; and if any perfon fhall think him. felf aggrieved, he may appeal to the next general quarter-feffions, giving notice to the juftice, and entering into a recognizance in the manner therein defcribed, i. 507. pl. 707

52. But this fhall not extend to the ftannaries of Devon and Cornwall, i. 508. pl. 708

53. The mafter may appeal to the feffions of the place in which he and his apprentice live, although the binding and fervice be in a different city or county, Rex v. Collingbourne, i. 514. pl. 728

54. By 43. Eliz. c. z. f. 1. the churchwardens and overfeers of a parish may, with the confent of two or more juftices, take orders for putting out poor children apprentices, i. 537. pl. 764

55. By 8. & 9. Will. 3. c. 30. f. 5.

thofe perfons to whom poor children fhall be bound apprentices pursuant to the 43. Eliz. c. 2. fhall receive them and provide for them according to the terms of the indentures, upon pain of ten pounds, i. 538. pl. 767

56. By 8. & 9. Will. 3. c. 30. f. 6. if the perfon to whom any poor child fhall be appointed to be bound an apprentice hall think himself aggrieved thereby, he may appeal to the next general or quarter feffions of the place and the order

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of the juflices at fuch feffions fhall be final, and conclude all the parties, i. 538. pl. 768 57. By 20. Geo. 3. c. 36. all perfons to whom any children fhall be appointed to be bound in pursuance of any act for the relief of the poor in any particular diftrict of England, may appeal to the next general or quarter feffions, i. 539. pl. 770 58. An appeal will not lie against a parish indenture after the matter has executed the counterpart of it, for he cannot contradict his own deed, Rex v. Saltern,

i. 555 pl. 791

59, By 2. & 3. Ann. c, 6. f. 12. two or more juftices of peace may determine difputes between mafters and apprentices in the fea fervice, and make fuch order therein as now they are enabled by law to do in other cafes between mafters and apprentices; but this act does not expressly give any appeal, i. 568. pl. 810.

60. By 7. Jac. 1. c. 3. f. 7. perfons aggrieved by any of the parties appointed and trufted by this act to bind out apprentices under publie charities, may petition the lord chancellor, who is empowered to appoint commiffioners to examine the complaint; and if any perfon or perfons fhall find himself grieved by any-thing done by the faid commiffioners, then, upon complaint made in the court of chancery, the lord chancellor fhall make a decree therein, i. 576. pl. 827 61. By 28. Geo. 3. c. 48. f. 16. for placing out poor boys apprentices to chimney-fweepers, if any perfon fhall think himfelfaggrieved by any thing done by any justice or justices of the peace in purfuance of this act, fuch perfon may appeal to the next general or quarter feffions of the place wherein the cause of fuch complaint fhall arise, having first

entered into a recognizance with fufficient fureties to abide by the order made therein, and also giving notice in writing to the juftices of his intention to bring fuch appeal, and of the matter thereof, within fix days after the caufe of fuch complaint shall have arifen, i. 586. pl. 846

IX. APPEAL

againt

ORDERS OF REMOVAL.

62. By 13. & 14. Car. 2. c. 12. all perfons who think themfelves aggrieved by an order of removal, may appeal to the next quarter-feffrons, ii. 819. pl. 773

63. By 3. & 4. Will. & Mary, c. 11. f. 10. which orders parishes to receive paupers removed by order of two juftices, an appeal is given to the next general quarter-jeffions, ii, 819. pl. 774

64. By 8. & 9. Will. 3. c. 30. f. 3. in order to prevent vexatious removals and appeals, the juftices are authorized to give cofts on appeals brought at their general or quarter feflions, ii. 819. pl. 775 65. By 8. & 9. Will. 3. c. 30. f. 6.

appeals against orders of removal
fhall be had, profecuted, and de-
termined, at the general or quarter
feffions of the place from whence
the pauper is removed, and not
elsewhere,
ii. 820. pl. 776

66. By 9. Geo. 1.

c. 7. f. 8. no appeal from any order of removal fhall be proceeded upon, unless reajonable notice be given by the parish-officers who appeal to the parifh-officers of the place from whence the pauper was removed, the reasonablenefs of which notice fhall be adjudged by the feffions; and if it appear that reafona ble notice has not been given, they fhall adjourn the appeal to the next quarter-feffions, ii. 820. pl. 777

67. By 9. Geo. 1. c. 7. f. g. the feffions may order the refpondent parish to pay reasonable charges to the appellants, ii. 821. pl. 778

68. By 5. Geo. 2. c. 19. the juftices in feffions may, on appeal, rectify defects in form in the order of the justices, and proceed to the determination of the appeal, ii. 821, pl. 779

69. An appeal against an order of removal only authorizes the feffions to confirm or quafh the order, ii. 823.

to 830 70. An appeal may, with the confent of the parties, be referred to the confideration of three juftices out of feffions, Rex v. Juftices of Northampton, ii. 830. pl. 795 71. The pauper who is removed may appeal against the order as well as the parish-officers, Rex v. Hartfield, ii. 831. pl. 797 72. The inhabitants also as well as the pauper and the parish-officers may appeal against an order of removal, Rex v. Burcot, ii. 831 pl. 798

73. And it is not necessary to ground an appeal, that it fhould appear that the party appealing is the party grieved, Rex v. Almanbury. ii. 833. pl. 799 74. The reasonable notice required by the ftatute of 9. Geo. 1. c. 7. (fupra, No. 66.) is fuch notice as the practice of the refpective feffions requires, ii. 832. pl. 800 75. And if this practice is not complied with, though they cannot quafh the order for this omiffion, yet they must adjourn the appeal, ii. 832. pl. 801 76. Nor can the feffions refufe to receive the appeal for defect of notice, for the notice relates only to the bearing, and not to the receiving, the appeal, Rex v. Juftices of Gloucestershire, ii. 832. pl, 802

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pl. 804

79. An appeal against an order of removal made by corporation juftices muit be to the next fefions for the county, and not to the next feffions for the corporation, Rex v. Wendover, ii. 834 pl. 805 80. Same point, Rex v. Hajt Dorry land, ii. 836. pl. 811

81. The next fefions fhall be that which is held, whether by adjournment or otherwife, after the order of removal is ferved, Rex v. M. Rifbro, ii. 834. pl. 806 82. And the appeal must be to the next feffions after the order of removal is ferved, Rex u. Milbrook, ii. 834. pl. 807 83. But quare, whether it must not be to the next feffions after removal, Rex v. Keften, ii. 835

pl. 809 84. And the appeal against an order

of removal must be to the next general quarter-fefiens, Rex v. Hixdercalne, ii. 835. pl. 808 85. Same point, Rex v. Weft Torrington, ii. 835. pl. 810 86. As to the time of appealing, it muft depend upon the particular circumstances of each cafe as to what fhall be confidered as the next Jellions, Rex. Juftices of Wilts, ii. 838. pl. 812 87. And

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1

87: And therefore, if from the diftance between the parish to which the pauper has been removed and the place where the feffions are held, there is not time to lodge an appeal at the feffions held immediately fubfequent to the removal, the next feffions enfuing are to be confidered as the next feffions, and the juftices are bound to receive the appeal at fuch feffions, Rex v. Juftices, East Riding, Yorkshire, ii. 840. pl. 814

88. But if an order of removal be executed three days before the feffions in a parish twenty miles diftant from the place where the feffions are holden, and there is no appeal to thofe feflions, the juftices are not bound to receive the appeal at the next feffions, Rex v. Justices of Herefordshire, ii. 840.

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pl. 815

89. But the time limited is not fufpended by the matter of the order being referred to arbitration, Rex v. Juftices of Devonshire, ii. 839 pl. 813

90. An appeal against an order of removal may be adjourned, Reg v. King's Langley, ii. 841. pl. 816 91. An appeal against an order of removal may be referred to the confideration of the judges of affize, Rex v. Hedingham, ii. 842. pl. 821 92. An appeal may be adjourned to an adjourned feflions, Rex v. Stamfield, ii. 843. pl. 822

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APPRENTICE.

I.

WHO

fball take APPRENTICES.'

1. By 5. Eliz. c. 4. f. 25. every boufebolder may take any perfon above the age of ten years and under eighteen as an apprentice to ferve in hufbandry until his age of twenty-one or twenty-four years, as the parties can agree, the faid retainer and taking to be made and done by indenture, i. 451. pl. 619 2. By 5. Eliz. c. 4. f. 26. persons being householders, twenty-four years of age, inhabiting any city or town corporate, and exercising any art, mystery, or manual occupation there, may take the fon of any freeman, not occupying hufbandry nor being a labourer, to ferve as an appre tice, after the custom of THE CITY OF LONDON, for feven years at the leaft, fo as the term do not expire afore fuch apprentice fhall be twenty-four years i. 451. pl. 620

of age,

3. By 5. Eliz. c. 4. f. 27. no trader fhall take any apprentice or fervant, except fuch apprentice or fervant be his fon, or the father or mother of fuch fervant or apprentice have an inheritance or freehold of forty fillings a-year, i. 452. pl. 621

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4. But this restriction has now become obfolete; and therefore any perfon being a householder may take apprentice the fon of any free. man not occupying husbandry or being a labourer, i. 452 notis Bv 5. Eliz. f. 28. every perion, being a houfeholder, of twenty-four years of age, dwelling in any market-town not being à town corporate, may in like manner have to apprentice or apprentices the child or children of any other artificer not occupying hufbandry

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7. By 5. Eliz. c. 4. f. 30. perfons ufing the trades mentioned in the act may, wherefoever they fhall dwell, have and receive the fon of any perfon as apprentice in manner and form aforefaid, to be inftructed in the said trades, and in none other, albeit the father or mother have no estate,

i. 453. pl. 624 8. By 5. Eliz. c. 4. f. 33. every clothworker, fuller, fhearman, weaver, taylor, or fhoemaker, who fhall have three apprentices, fhall keep one journeyman, and for every other apprentice above three one other journeyman, on pain of TEN POUNDS, i. 454. pl. 625 9. By 5. Eliz. c. 4. f. 40. nothing in this act shall prejudice the cities of LONDON and NORWICH, or the ufages, cuftoms, or privileges of the fame, refpecting apprentices; but the freemen and citizens of the faid cities may take apprentices in the manner and form as they might before, i. 454. pl. 626 10. By 5. Eliz. c. 5. f. 12. owners of hips, householders using the trade of fishing, cannoniers, and fhipwrights, may take apprentices being above feven years of age, to be bound according to the cuftoms of the CITY OF LONDON, by writing indented and inrolled in the town where the apprentice fhall inhabit, if a town corporate; if not, then in the next town corporate, i. 454. pl. 628

11. And the direction of this statute respecting the inrollment in a town corporate must be ftrictly purfued: and therefore where a boy was bound apprentice to a mariner, and the indentures inrolled in the Trinity Houfe, it was held that covenant would not lie on them, though the charter of that fraternity ordains that the members may take apprentices, and that fuch inrollment fhall be good, notwithstanding the 5. Eliz. c. 5.; for the whole court declared, that the king cannot álter the place of inrollment, but that it must be according to the ftatute, Pouljon's Cafe, i. 457.

pl. 638

12. But where a boy, with the con fent of his mother, put himself apprentice to a mariner for four years, and the indenture was not inrolled in the town when the apprentice was there inhabiting, nor in the next corporate town, pursuant to 5. Eliz. c. 5. and 2. & 3. Ann. c. 6. it was held, that the claufe in the above ftatute was made for the benefit of the apprentice, and therefore he ought not to be prejudiced by the neglect of the master to inroll the indentures, which in this cafe were held good, although they were not inrolled nor the ftamp duty paid, Rex v. Gainfbarough, i. 487. pl. 685

13. By 1. Jac. 1. c. 17. no hatter

or feltmaker fhall retain more than two apprentices at the fame time, nor thofe for any lefs term than feven years, on pain of FIVE POUNDS a month, except the apprentice be his own fon, bound for feven years, and the term do not expire till he be of the full age of two-and-twenty years, i. 454. pl. 628

14. By 13. & 14. Car. 2. c. 5. f. 18.

Norwich weavers employing two apprentices fhall employ alfo two journeymen; and no mafter weaver under the regulation of faid trade

fhall

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