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FARREN. fions in the city of London against the defendant for exerWILLIAMS. cifing the trade of a tallow chandler, not having ferved

feven years apprenticeship. It was removed by certiorari

into this court, and tried before LORD MANSFIELD at the fittings after Trinity Term 1775, when the defendant was found guilty. MR. DUNNING laft Term obtained a rule to fhew cause why the judgment should not be arrested for want of jurifdiction in the feffions, upon the authority of the refolution of B. R. upon the ftat. 21. Jac. c. 4. f. i. in Sir William Jones, 193.-MR. WALLACE, MR. BEARCROFT, and MR. BULLER, now fhewed caufe, and infifted, that by the ftatute 5. El. c. 4. f. 39. and ftat. 31. El. c. 5. f. 7. the quarter-feffions had a jurifdiction by information, otherwife they could have no jurifdiction at all, for they certainly could not proceed by way of indictment; and cited 1. Burr. 543. Rex v. Wright, 1. Salk. 373. Hob. 183. 327. Cro. Jac. 75. 178. Andr. 216. Rex v. Holmes.-MR. DUNNING, for the defendant, faid, he admitted the courts of Westminster could not take cognizance of offences against the ftat. 5. El. c. 4. unless committed within the county where the courts fit; and fo the cafes cited certainly proved, but they proved no more. But what he should contend for was, that the court of quarter-feffions had no authority to proceed by information in any cafe, unless it was exprefsly given them by ftatute; and that the ftatute in this cafe gave no fuch authority. In fupport of this general propofition, he cited 6. Co. 19. b. Gregory v Blafhfield, and Cro. Eliz. 737Barnaby v. Goodale; where in error from a judgment in Bury upon an information on the ftat. 5. Eliz. c. 4. that point was exprefsly adjudged.-LORD MANSFIELD afked, if it appeared that the information in that cafe was before the quarter-feffions.-MR. DUNNING. It does not exprefsly appear in words, but it could be at no other court if it had been at the feffions of oyer and terminer, the objection would equally hold. As to the objection, that the quarter-feffions have no jurifdiction at all unlefs they can proceed by information, they clearly may proceed by indictment. The modes of proceeding are by ftat. 5. Eliz. c. 4. f. 39. given diftinctly and feparately, reddendo fingula fingulis: civil jurifdiction by fuit, &c. to courts of civil judicature; criminal jurifdiction to courts of criminal judicature; and bill of complaint to the prefident in council.-LORD MANSFIELD. The whole queftion turns upon the 39th fection of the ftatute. The words are very much embarraffed, and the matter does not feem to be fettled by any of the cafes. I wish to know the practice, and to enquire of fome of the old

clerks

clerks of affife how the ufage has been at øyer and terminer. -MR. WALLACE faid, there had been fome tried at Lancafter.-ASTON, Juftice. And elfewhere. I do not think the old cafe of Gregory v. Blashfield in 6. Ca. 19. is conclufive and if it has been a practice long received, we should do wrong to overfet it. As to the case of Barnaby v. Goodale, Cro. Eliz. 737. it does not appear that the court at Bury was a court of feffions, or of oyer and terminer. CUR. advifare vult.-The next day LORD MANSFIELD mentioned this cafe, and cited an opinion of HOLT, Chief Justice, when at the bar, out of a notebook belonging to the late Mr. Gill, of Durham. The question fubmitted for HOLT's opinion was, Whether an action could be brought in the corporation-court for exercifing a trade contrary to the ftat. 5. Eliz. c. 4.? And the opinion was as follows: "I conceive an action can"not be brought in the corporation-court; but an in"formation qui tam may be brought in the corporation-' "court of feffions. JOHN HOLT." His lordship added, that he had mentioned it to feveral of the judges, who' faid it had been cuftomary on the circuits to try fuch informations.-MR. JUSTICE ASTON faid, he had enquired of fome perfons of great experience in feffions bufinefs, and was informed by them that it had been usual to file fuch informations.-PER CURIAM. The rule for arrefting the judgment must be discharged,

IX. Of parish apprentices.

FARREN .

WILLIAMS.

overfeers fhall

764. By 43. Elix. c. 2. f. 1. "The churchwardens The church"and overfeers of every parifh fhall, with the confent wardens and ❝ of two or more juftices of the peace, take order from take order for "time to time for the putting out fuch children to be the putting poor "apprentices, to be gathered out of the fame parish, ac- children ap "cording to the ability of the parish, &c."

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prentices.

may be bound

765. By 43. Eliz. c. 2. f. 5. "It fhall be lawful for Poor children "the faid churchwardens and overfeers, or the greater apprentices by 46 of them, by the affent of any two juftices of the the parish ofpart peace, to bind any fuch children as aforefaid to be ap- ficers until they "prentices where they fhall fee convenient, till fuch attain twentyman child fhall come to the age of four and twenty one. years (a), and fuch woman child to the age of one and (4) See 18. ་་ twenty years or the time of her marriage: the fame to Geo. 3. c. 47"be as effectual to all purpofes as if fuch child were of Pot, p. 538. pl. 769 "full age, and by indenture of covenant bound him or "herfelf."

766. By

All perfons may

take parish ap. f. 22.

prentices.
1. Lev. 84.

3. Mod. 270.
Show. 77.
1. Salk. 67.

Poor children

bound appren

tices purfuant to the act

43. Eliz. c. 2. thofe to whom they are bound,

to provide for them according to the inden

ture figned by the juftices, &c.

766. By 21. Jac. 1. c. 28. continued by 3. Car. 1. c. 4. All perfons to whom the overfeers of the poor "fhall, according to the 43. Eliz. c. 2. f. 5. bind any "children apprentices, may take and receive and keep "them as apprentices, any former ftatute to the contrary notwithstanding.".

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767. By 8. and 9. Will. 3. C. 30. f. 5. "And WHEREAs by 43. Eliz. c. 2. it is amongst other things enacted, "that it thall be lawful for the churchwardens and over“feers of the poor of any parish, or the greater part of them, by the affent of two juftices of the peace, whereof one to be of the quorum, to bind poor children ap"prentices where they fhall fee convenient; but there "being doubts whether the perfons to whom fuch chil"dren are to be bound are compellable to receive fuch children as apprentices, that law hath failed of its due "execution; BE IT THEREFORE ENACTED, that where any poor children fhall be appointed to be bound ap"prentices purfuant to the faid act, the perfon or per"fons to whom they are fo appointed to be bound, shall "receive and provide for them, according to the inden"ture figned and confirmed by the two juftices of the peace, and alfo execute the other part of the faid in"dentures.

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768. By 8. and 9. Will. 3. c. 30. f. 6. And if he or the thall refufe fo to do, oath being thereof made by one of the churchwardens or overfeers of the poor, "before any two of the juftices of the peace for that

Perfons to whom poor children are (6 bound, being aggrieved, may appeal to the justices,

No child apprenticed by

43. Eliz. C. 2, to continue an

a sprentice after the age of

TWINTY ONE.

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county, liberty, or riding, he or the hall for every "fuch offence forfeit the fum of ten pounds, to be levied "by diftrefs and fale of the goods of any fuch offender "by warrant under the hands and feals of the faid juf"tices, the fame to be applied to the use of the poor of "that parish or place where fuch offence was commit"ted; faving always to the perfon, to whom any poor "child fhall be appointed to be bound an apprentice as "aforefaid, if he or the fhall think themfelves aggrieved "thereby, his or her appeal to the next general or quar"ter feffions of the peace for that county or riding, "whofe order therein fhall be final, and conclude all "parties."

769. By 18 Geo. 3. c. 47. "When any man child shall "be bound an apprentice by virtue of, or under the "authority of the 43. Eliz. c. 2. fuch child fhall be bound to be an apprentice for no longer term than till fuch "child fhall come to the age of twenty-one years."

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770. By

dren fhall be ap❤

pointed to be

particular dif

770. By 20. Geo. 3. c. 36. "Whereas feveral acts of All persons to "parliament have of late years been made and paffed for whom any chil"the better relief and employment of the poor in parti"cular incorporated hundreds or diftricts within that part bound appren" of Great Britain called England, whereby power is given tice in purfu"to bind poor children apprentices under certain re- ance of any act "ftrictions therein mentioned; and whereas doubts have for the relief of "arifen whether perfons are compellable to receive and the poor in any "provide for fuch poor children as fhall be appointed to trict in Eng"be bound apprentices to them in pursuance of the faid land fhall be "acts: BE IT THEREFORE ENACTED, That from and obliged to pro"after the twenty-first day of June one thoufand feven vide for them, "hundred and eighty, the refpective perfons to whom TEN POUNDS any poor children fhall be appointed to be bound ap- to be levied by "prentice in purfuance of any act or acts of parliament diftrefs; but "made and paffed for the better relief and employment any perfon ag"of the poor in any particular incorporated hundreds or appeal to the "diftricts within that part of Great Britain called Eng- next general or "land, fhall, and they are hereby required to receive and quarter fellions, "provide for fuch children according to the indentures "to be executed by the directors and acting guardians of "the poor for fuch refpective hundreds or districts for "the binding of fuch poor children, in the manner as

66

perfons are now obliged by the laws in being to receive " and provide for poor children appointed to be bound "apprentice by churchwardens and overfeers of the poor "with the affent of two juftices of the peace, and alfo "to execute the counterpart of fuch indentures refpec"tively; and if any perfons to whom any poor child "fhall be appointed to be bound apprentice in purfuance "of any act of parliament as aforefaid, fhall refufe or

neglect to receive and provide for fuch poor child, or "to execute the counterpart, proof of fuch refufal or "neglect being made by the oath of one of the directors "or acting guardians, or of fome other credible witnefs, "before any two juftices of the peace acting in and for "the county, liberty, or place within which the incor"porated hundreds or diftricts to which fuch child be"longs fhall be fituate, fhall forfeit and pay to the di"rectors and acting guardians of the poor for fuch in"corporated hundreds or districts, or to their treasurer

66

on penalty of

appointed, to be applied to the relief of the poor "within the fame, the fum of ten pounds, fuch penalty 66 or forfeiture to be levied by diftrefs and fale of the "goods of the perfon refufing or neglecting as aforefaid, "by warrant under the hands and feals of such justices; "faving always to the perfons to whom any poor child "fhall be fo appointed to be bound apprentice, his or her

" appeal

grieved may

Parifh children

prentice to

66

"appeal to the next general or quarter feffions of the peace for that county, liberty, or place, whofe order "therein fhall be final. Provided always, that nothing "in this act contained fhall be conftrued to compel any "perfon to take any fuch poor child apprentice as aforefaid, unless fuch perfon fhall be an inhabitant and occupier of lands, tenements, or hereditaments in the parifh to which fuch child belongs."

66

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771. PARISH APPRENTICES may be put to Clergymen, may be put ap- according to the opinion of ALL THE JUDGES upon reference made to them, as Dalton profeffes to have been credibly informed: at least they are chargeable to contribute towards the putting out of apprentices.

alergymen.

The mafter, fe.. lected by the

overfeer for a parish appren

tice, is bound.

to take him; and the order need not tate

772. Rex v. Giflifer, Hilary Term, 14. & 15. Car. 2. T. Raym. 65.-The churchwardens and overfeers of a parish in the county of Derby place a child, which was the baftard child of one Mary Newton, with the defendant, according to the ftatute of 43. Eliz. c. 2. and do appoint the defendant to receive the faid child. The defendant appeals to the feffions, and there the juftices make an that he was a order, that the defendant fhall take the faid child as his 26 poor child," or the matter's apprentice; and now the defendant brought his certiorari, bulinefs. and removed the faid order into this court.-ALLEN S. C. 1.Lav.84 moved to quafh the faid order, on fome exceptions which he took to the form of it, viz. FIRST, It doth not appear that this child was a poor child. SECONDLY, Nor in what trade he shall be an apprentice. But to these exceptions the Court anfwered: FIRST, That it fhall come on the other part that he is not a child within the ftaAnd SECONDLY, Hufbandry is intended by that statute, and fo fhall be conftrued to be meant in the order until the contrary do appear. But the main question upon the order was, Whether the defendant may, within this ftatute, be compelled to take an apprentice? And ALLEN moved that he could not. FIRST, By this ftatute the churchwardens and overfeers may bind out fuch an apprentice as well out of the parifh as within it, and then it would be inconvenient if ftrangers were to be com

tute.

(a) In a cafe between the parish of Henton in Kent and Steers, 1554, B. R. the quellion was, Whether the defendant was compellable to take an apprentice by 43. Eliz.? And ROLLS, Chief Justice, faid, that if by any means he could, he would conftrue the ftatute to compel the party, be

caufe it was fo advantageous a thing to the commonwealth. But the bufinefs was referred to the justices of affize, who ordered that Steers should take an apprentice; and for disobeying this order an attachment was granted.

pelled

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