the apprentice in meat, drink, washing, lodging, and cloaths, and that the mafter thould pay the apprentice five pounds a-year in confideration of his faithful fervices, and of the due performance of the covenants, the Court feemed to think, that the indentures did not

require a stamp under 8. Ann. c. 9. 1.41. Pennington v. Sudal, i. 488. pl. 686

75. But this point was afterwards more folemnly decided Thus where it was agreed in the indentures, that "fufficient meat, drink, ap"parel of all kinds, phyfic, furgery, and lodging, and all other neceffaries, during the faid term, "fhould be found and provided "for the laid apprentice by the "faid father, and for which purpofe the master is to allow him "four fhillings a-week during the faid term, "the Court held the

indentures good, although they were not stamped and no duty paid, Rex v. Portjea, i. 491. pl. 683 6. So alfo where in an indenture the apprentice covenanted that he would," at his own expence, pro"vide for himself meat, drink, "washing, lodging, apparel, and " phyfic, at all times during the term, and the mafter covenanted to pay him five fhillings a-week "for the first three years, and feven fhillings a-week for the re<mainder of the term," the indenture does not require the additional amps impofed by 8. Ann. c. 9. 1. 45. Rex v. Walton Dale, i. 495. pl. 690 77. And where an indenture was, that the father of the apprentice would, at his own charge, find and provide for his fon good, competent, and fufficient meat, drink, and lodging on every Sunday in the year during the faid terin, and would provide him with cleaths and ap. parel of all forts (except working

aprons and fhoes), and the mater Covenanted to provide him with meat, drink, and lodging, except on Sundays, during the term, the Court thought the point fo clearly fettled, that they would not fuffer it to be argued, Rex v. Leighton,

i. 617. pl. 859

78. So allo money given by parish

officers (in the cafe of a voluntary binding) as the confideration of taking an apprentice, is not liable to the duty impofed by 8. Ann. c. 9. f. 35; for it comes within the exception of 8. Ann. c. 9. f. 40. as being at the public charge of the parish, Rex v. St. Petrex, i. 498 pl. 69

79. By 18. Geo. z. c. 22. f. 23. further times were given for the payment of the faid duties than thofe limited by the 3. Ann. c. and the 9. Ann. c. 21.; and thele times were further enlarged by 9. Geo. 3. c. 37. until the 29th day of September 1769; but fince that period no further provision has been made upon this fubje&,

i. 477. pl. 668

80. By 18. Geo. 2. c. 22. f. 24.

if any matter or mitreis neglect to pay the faid rates and duties within the refpective times limited by 8. Ann. c.y, and 9. Ana. c. 21. they fhall further forfeit for every neglect double the rates and duties charged, i. 477. pl. 669

81. By 18. Geo. 2. c. 22. f. 25. if any apprentice, &c. on the neglect of his matter or mistress to pay the faid rates and duties, fhall, on notice to his mafter or mistrels, pay the faid rates and duties, and alfo the penalties and forfeitures of this aft, within one year after the fame became incurred, fuch apprentice may, within three months afterwards, demand back the apprentice-fee, and if the fame be not paid within three mouths after

fuch

fuch demand, he may recover the fame by action, and thall be difcharged from his apprenticeship, i. 478. pl. 670

81. By 18. Geo. 2. c. 2. f. 26. and fuen apprentice fhall have the

fame benefit of the time he fhall have ferved as he could have had in cafe of any affignment or tuining over to any new mafier or mitreis, i. 479. pl. 671

82. By 20. Geo. 2. c. 45. f. 5. if any mafter or mistress who fhall become liable to the double duties fhall pay them to the perfons who ought to receive them, and alfo tender the indentures to be ftamped at any time within two years after the end of the apprenticeship, and before any fuit for them is commenced, the indentures fhall be good and available in law and equity, and the apprentice as capable of following his trade as if the fingle duties had been regularly paid, i. 479. pl. 672

83. By 20. Geo. 2. c. 45. f. 6. if any apprentice fhall, after fuch double duties incurred, make requeft in writing, before one witnejs, to his matter or mitreis, to pay them, and thall, on the neglect of his master or miftrefs to pay the faid double duties within three months after fuch request, pay the fame at any time within two years after the determination of his apprenticeship, he may, within three months after such payment, demand of his mafter or mistress double the apprentice-fee; and if the fame be not paid within three months after fuch demand, he may recover the fame by action; and shall, immediately after fuch payment, and upon fignifying by writing under his hand that he defires to be difcharged from his apprenticeship, be difenarged from the fame,

i. 480. pl. 673

84. By 20. Geo. 2. c. 45. f. 7. and he fhall have the fame benefit of the time ferved as if he had been affigned or turned-over,

i. 481. pl. 674

85: By 20. Geo. 2. c. 45. f. 8. but if where any profecution fhall be commenced against any mafter or miftrefs for penalties, the apprentice fhall pay fuch double duties within two years after his apprenticeship expires, the indenture fhall be good, &c. i. 481. pl. 675 86. By 5. Geo. 2. c. 46. f. 8. THE CHAMBERLAIN or other proper officer of every city, &c. where any apprentice obtains his freedom by fervitude, fhall inroll the name of every apprentice who shall be placed out within fuch city, the name of the mafter and mistress, the apprentice-fee, the trade, and the dates of the indenture, on pain of TWENTY POUNDS, i. 481.

pl. 676 87. By 5. Geo. 3. c. 46. f. 19. all printed indentures fhall have the notice or memorandum defcribed in the act printed under the fame, i. 482. pl. 677

88. By 5. Geo. 3. c. 46. f. 41. penalties inflicted by this act thall go one half to the king, the other to the informer, i. 482. pl. 678 time is

89. By 33. Geo. 2. c.

given for the payment of the double duties until September 29, 1792.

ས.

OF

the

APPRENTICE-FEE.

90. By 18. Geo. 2. c. 22. f. 25. if any master fhall neglect to pay the flamp duties, and the apprentice, after requiring him fo to do, fhall pay them and the penalties incurred by fuch neglect, fuch apprentice may, within three months after fuch payment, demand back the appren

tice-fee, and if not paid within three months after fuch demand, may recover the fame by action, i. 502. pl. 692 91. THE CHAMBERLAIN OF LONDON, if the indentures be inrolled, may order a mafter, who has put away his apprentice, to reftore a proportion of the apprentice-fee, Thurman v. Abel, i. 502. pl. 693 92. If the indentures be not inrolled, the parties may apply to the court of chancery, ibid. 93. Thus where a mafter received 250l. with his apprentice, and died within two years of the expiration of the term, THE CHANCELLOR decreed, that, after debts or fpecialties paid, the executors fhould repay the 250l. as a debt due on fimple contract, deducting 20l. ayear for the maintenance of the apprentice during the time he lived with his mafter, Soam v. Borden, i. 5oz. pl. 694 94. So alfo if a mafter become bankrupt, and, from alteration of circumftances, be rendered incapable of performing his part of the contract, the court of chancery will order the apprentice to come in as a creditor for the amount of the apprentice-fee, after deducting therefrom for his maintenance, Ex parte Sandby, i. 502. pl. 695

95. THE JUSTICES alfo at feffions, if they difcharge an apprentice from his mafter, may in their discretion order a proportion of the apprentice-fee to be returned, Du Hamel's Cafe, i. 510. pl. 714

VI.

JURISDICTION
of the

JUSTICES and SESSIONS.

96. By 5. Eliz. c. 4. f. 35." the maf"ter or apprentice may complain to "one justice of the county or place VOL. 1.

5°4. pl. 698

99. By 5. Eliz. c. 4. " but if the de"fault be on the fide of the appren"tice, then the faid juftices fhall " caufe fuch due correction to be "miniftered to him as they fhall "think meet," i. 504. pl. 699 100. By 5. Eliz. c. 4. f. 47. "juftices

are authorized to grant warrants "to apprehend apprentices or fer"vants who fhall abfcond from "fervice, and to imprison them "until they demean themfelves "properly," i. 504. pl. 700 101. And an apprentice apprehended under this act cannot object, in his defence, that he had been bound contrary to the direction of the act, and had therefore run away to avoid the indentures, Rex v. Evered, i. 517. pl. 733

102. By 20. Geo. 2. c. 19. f. 3." any "two juftices where the master "dwells may, upon complaint of "any parish apprentice, or of any "other apprentice upon whose "binding no larger a fum than "five pounds was paid, fummon "fuch mafter and examine the "cafe, and upon proof on oath of "the fact alledged may, whether the mafter be prefent or not, if "the

* b

"the fervice of the fummons be "proved, discharge fuch appren"tice by a certificate under their "hands and feals," i. 505. pl. 701 103. By 20. Geo. 2. c. 19. f. 4. "the "tavo juftices, upon complaint by the "master on oath, may examine the "fame, and commit the apprentice "to the house of correction to hard "labour not exceeding a calendar "month, or otherwife may difcharge "fuch apprentice as aforefaid," i. 505. pl. 702

104. By 20. Geo. 2. c. 19. f. 5. " per

fons grieved may appeal to the next "general quarter-feffions, where "the matter fhall be finally deter

"

mined, and fuch eosTs paid to the appellant or refpondent as the feffions "fhall think reasonable, not exceed"ing forty fillings," i. 505. pl. 703 105. By 20. Geo. 2. c. 19. f. 6. “ the "certiorari is taken away, and the privileges of the ftannaries fa"ved," i. 506. pl. 704 106. By 6. Geo. 3. “if any apprentice, except fuch with whom the fum of "ten pounds was paid, fhall abfent himfelf during the term, he fhall "ferve for fo long a time as he fhall abfent himfelf over and beyond the "term of his apprenticeship, unlefs "he fhall make fatisfaction to his "master for the lofs he fhall have "fullained by his abfence; and if

he refufe fo to do, one justice, on complaint of the mafter, may ap"prehend fuch apprentice, and on hearing the complaint determine

"

the fatisfaction that fhall be made; "and if the apprentice do not con"form to fuch determination, the "justice may commit him to the "houfe of correction for any time "not exceeding three months," i. 506. pl. 705 107. The mailer is alfo intitled to fuch monies as an apprentice may earn during his abfence, i. 507. note (a)

108. But by 6. Geo. 3. c. 25. f. 3. "the application on the part of the "mafter to compel fatisfaction for "abfence as above defcribed muft be "made within feven years next after "the expiration of the term of ap "prenticeship," i. 507. pl. 700 109. And by 6. Geo. 3. c. 25. f. 5. "party grieved may appeal to the "next general quarter-feffions, o

giving fix days notice of his in"tention to bring fuch appeal, and "of the caufe and motive thereof, "to fuch juftice, and entering into

a recognizance within three days "after fuch notice, to try such ap "peal; and the feffions fhall finally "determine the fame, and award "cofts," i. 507. pl. 707 110. But by 6. Geo. 3. c. 25. f.6.

neither the ftannaries, nor the jo"rifdiction of the chamberlain of "London, nor any other court "within the city, fhall be affected "by this act," i. 509. pl. 708 111. The non-payment of wages, an infufficiency of meat and drink, or the beating of an apprentice by the wife of the mafter, are faid to be good caufes of departure. Sed i. 508. pl. 708

quære,

or

112. The mafter alfo may justify

turning away his apprentice for frequenting gaming-houfes, Wedroffe v. Farnham, i. 511. pl. 716 113. But a mafter cannot turn away his apprentice on account of his having married without his privity or confent, Anonymous, i. 511.

pl. 729

116. Nor can the feffions difcharge an apprentice on general allegations of unkind ufage by the matter,

and the declaration of the matter that he will not take his apprentice again, for by 5. Eliz. c. 4. f. 35. the particular caufe of the discharge must be stated in the order, Rex v. Davis, i. 515. pl. 729 117. Same point, Rex v. Heafeman, i. 516. pl. 732 118. A mafter cannot fend an apprentice beyond the feas the better to learn the art of his bufinefs, Coventry v. Woodhall, i. 508. pl. 710

119. But a neglect on the part of the mafter to inftruct his apprentice in the mysteries of that trade which he was bound to him to learn, is fufficient cause of difcharge, Rex v. Amlis, i. 515. pl. 731 120. So also where a poor boy was put apprentice, and after three years fervice he plainly appeared to be an ideot incapable of learning his trade, this defect was held good caufe of difcharge, Auonymons, i. 511. pl. 715

121. It was formerly held, that the feffions had no power to discharge an apprentice until after the parties had applied to a fingle juftice under the 5. Eliz. c. 4. f. 35. to fee whether he could not compound and agree the difference, Watkins v. Edwards, i. 509. pl. 713 122. Same point, Gateley's Cafe, i. 510. note (c) 123. But it feems now to be settled that the feflions have original jurifdition in this cafe, and that the parties need not first apply to a ingle juftice, Rex v. Johnston, i. 512. pl. 722 124. Same point, Rex v. Davis, i. 515. pl. 730 125. Same point, Rex v. Gill, 513. pl. 726

i.

126. Same point, Rex v. Heafeman, i. 516. 732

127. This authority, however, muft be exercised at a general fefions; for it has been held, that justices cannot difcharge an apprentice at a petty or private feffions, Anonymous, i. 511. pl. 717

128. It was alfo formerly held, that the power of the feffions extended only to discharge apprentices from fuch trades as are fpecially named in the 5. Eliz. c. 4. Rex v. Gateley, i. 512. pl. 721

129. Or at least that the ftatute cannot extend to arts and myfteries of new invention, and which did not exist at the time the act paffed, i. 525. note (a) 130. But in a fubfequent cafe this objećtion to an order of discharge was given up as untenable, Rex v. Amies, i. 515. pl. 731 131. And it was faid, and not denied by the court, that it is now fettled that this power extends to other trades than thofe mentioned in the act, Rex v. Collingbourn, i. 514.

pl. 728

132. It was alfo formerly held, that

when the fault was on the part of the apprentice the feffions could only punish him, but could not difcharge him from his indentures; but it is now held, that the feffions may punish or difcharge the apprentice, whether the complaint be on the part of the mafter, or of the apprentice, Hawkefworth v. Hillary, i. 509. pl. 711 133. Same point, Rex v. Keller, i. 509. pl. 713 134. Same point, Watkins v. Edwards, i. 509. pl. 713 135. It was alfo conceived, that as

the 5. Eliz. c. 4. 1. 35. gives no express directions on this fubjec, the fellions could not order any part of the apprentice-fee to be returned;

b 2