It has been held (whether rightly fo or not we are not now to enquire), that the allowance of a poor rate is an act merely minifterial, and that being once established, the confequence refults, that the two magiftrates need not meet when they allow the rate. The words, indeed, of the fection on which this question arifes, are nearly fimilar to those used in the firft, under which the poor rate is to be allowed: but when the nature of this cafe is confidered, it appears to be one of the moft ferious fubjects that fall within the decifion of the juftices; for they are empowered by this act of parliament to take children out of the arms of their parents, and to bind them out as apprentices till they are twenty-one years of age. The law has made them the guardians for thofe children, who have no others to take care of them, and who ought to judge of the fitness of the perfons to whom the poor children are thus to be apprenticed; not the overfeers, who are frequently obfcure people, and perhaps in managing the bufinefs of the parish are not always attentive to the feelings of parents. But the legislature intended that the magiftrates thould have a check and controul over the parith-officers in this inftance; and in my mind they are called upon to examine with the most minute and anxious attention the fituations of the mafters to whom the apprentices are to be bound, and to exercise their judgment folemnly and foberly before they allow or difallow the act of the parifh-officers; for which purpose it is neceffary that they fhould confer together.-ASHHURST, Juftice. The act of the juftices in this cafe is in its nature an act of judgment; they are the guardians of the morals of the people, and ought to take care that the apprentices are not placed with mafters who may corrupt their morals. The juftices therefore should enquire particularly whether or not they ought to allow the binding by the parish-officers; and I think they would be guilty of a breach of duty, if they implicitly gave their affent without examining into the circumftances of the cafe.-BULLER, Juftice. It is not cafily to be reconciled with any principle of common fenfe to fay, that an act which is merely minifterial must be done with the confent of two juftices; and I much doubt whether the perfons who brought in the act (43. Eliz. c. 2.), requiring the confent of two magiftrates to the allowance of a poor rate, intended that the act of allowing it fhould be only minifterial; for it feems abfurd to require the affent of two juftices, and yet not to give them the power of withholding it if they fee occafion. But the legiflature has not given them any authority to exercife their judgment upon that fubject; and therefore this

court

REX V.

RIDWARE.

RIDWARE.

REX V court has faid on the construction of that ftatute, that HAMSTALL their allowance of the rate is merely minifterial: but the act of affenting to the binding of parifh-apprentices is purely judicial; for on appeal the juftices at the feffions are not only to confider the propriety of binding out the apprentice, but alfo whether the mafter be bound to take him.-GROSE, Juftice. This act is peculiarly of a judicial nature, for the magiftrates are appointed the guardians of thofe who have no other guardians; they should therefore exercife their judgment in this cafe with great deliberation.-Order of feffions quafhed.

In binding a

tice under the

c. 36. it is not

neceffary that the mafter

refide in the pa

795. Rexv. Tunftead and Happing, Hilary Term, 30. Gec. 3. parish appren- 3. Term Rep. 523-The directors and guardians of the itat. 20. Geo. 3. Poor within the hundreds of Tunftead and Happing, in the county of Norfolk, by virtue of the power given them by the Gea. 25. 3. c. 27. with the confent of two juftices, bound a poor male child belonging to one of the hundreds fhould actually apprentice to Jofeph Reynolds, who is an occupier of lands but rif: if he be not an inhabitant within the hundreds. Reynolds appealed an occupier there to the court of feffions, who were of opinion that he was it is fufficient; not bound to receive the apprentice, because he was not an inhabitant as well as occupier; fubject, however, to the opinion of this court on a case stating thefe facts. By the 25. Geo. 3. c. 27. 3. c. 27. "The directors are empowered, with "the confent of two juftices for the county of Norfolk, "to bind any child or children to be apprentices to any "occupier or occupiers of lands or tenements, or to any "perfon or perfons ufing any trade in any parish, hamlet, "or place within the hundreds whom they fhall judge

for inhabitant

and occupier are for this purpose fynonymous.

proper perfons to take apprentices, &c.; and the per"fons to whom fuch children fhall be bound apprentices, "fhall be bound to receive and provide for fuch appren"tices in like manner as they are now obliged by the "laws in being to provide for apprentices."-MINGAY and COOPER, in fupport of the order of feffions, obferved, that the ftatutes 20. Geo. 3. c. 36. and 25. Geo. 3. c. 27. were made in pari materia, and ought therefore, to be taken ()1.Bar.447. into confideration together (a). The former is entitled, "Anact for obviating doubts touching the binding and receiving of poor children apprentices, in purfuance "of feveral acts of parliament made for the relief of the "poor within particular incorporated hundreds or diftricts." It recites," That feveral acts had been paffed for the better relief and employment of the poor particular incorporated hundreds, whereby power is given to bind poor children apprentices under certain "reftrictions therein mentioned; and that doubts had

46

"arifen

REX v.

"arifen whether perfons are compellable to receive fuch poor children, &c." And it enacts, "That fuch per- TUNSTEAD and "fons fhall be compellable to receive and provide for HAPPING. "fuch poor children; with a provifo, that nothing, in "the act fhall be conftrued to compel any perfon to take "any fuch poor child apprentice, unless fuch perfon fhall "be an inhabitant and occupier of lands, c. in the parish "to which fuch child belongs." Now the clear meaning of thefe two ftatutes taken together is, that no perfon fhall be bound to receive an apprentice unless he be an inhabitant as well as occupier in the parish; and this cafe is diftinguishable from that of Rex v. Clapp (a), for that was (a) Ante, page determined on the 43.Eliz. c. 2.-LORD KENYON, Chief 559. pl. 793. Juftice (ftopping LE BLANC Serjeant,, and PRESTON, contra). This cafe is not to be diftinguished on principle from that of Rex v. Clapp; and we fee no reafon to depart from the opinion which we gave in that cafe. It would require very strong words to convince me that this particular district should be governed by a different law from the generality of parishes throughout the kingdom. If indeed the legislature had ufed imperative words, we must have been bound by them; but there are none fuch in this ftatute. Here great ftrefs has been laid on the provifo in 20. Geo. 3. which has the words inbabitants and occupiers. Now the statute 43. Eliz. ufes the word inhabitants, which has been held not to be confined to refiants. And LORD COKE (b), in his reading (6) 2. Inft.702. on the 22. Hen. 8. c. 5. relative to the repairing of bridgesby the inhabitants of counties, fays, that the word inhabitants includes thofe who occupy lands in the county, though they do not refide there. For fome purposes, inhabitants and occupiers are fynonymous terms.. Where a perfon derives a benefit from property which he occupies in a parish, he is liable to contribute to the ease of it. And in Rex v. Clapp we obferved, that this was one of the modes by which he was to contribute to the cafe of his parifh. If indeed the legislature had added the word refiants to inhabitants in this act of parliament, that would have confined this burden to perfons actually refiding within the parish. The three other Judges concurring, Order of feffions quafhed.

Parish-boy may

be put out ap

fea-fervice to

mafters of ships, &c.

X. Of apprentices to SEA-SERVICE.

796. By 2. & 3. Ann. c. 6. f. 1.'" WHEREAS the giving "due encouragement to fuch of the youth of this kingprentice to the dom as fhall voluntarily betake themselves to the fea"fervice and practice of navigation, and obliging others "who by reafon of their own or their parents poverty are "deftitute of employment, or any lawful means whereby "to maintain themfelves, may greatly tend to the increafe "of able and experienced mariners and feamen, for the "fervice of her majefty's ROYAL NAVY, and for the car

rying on the trade and commerce of this kingdom; "BE IT ENACTED, That it fhall and may be lawful to "and for two or more juftices of the peace in their fe"veral and refpective counties, ridings, or divifions, as "alfo to and for all mayors, aldermen, bailiffs, and other "chief officers and magiftrates of any city, borough, or "town-corporate, within her majefty's kingdom of Ex"gland, dominion of Wales, and town of Berwick-upon"Tweed, and likewife to and for the churchwardens and overfeers of the poor for the time being, of the feveral "and refpective parifhes within the places aforefaid, by "and with the confent and approbation of fuch juftices "of the peace, mayors, aldermen, bailiffs, or other the "chief officers or magiftrates aforefaid, to bind or put "out any boy or boys who is are or fhall be of the age (4) See 4. Ann. "of ten years or upwards (a), or who is are or fhall be c. 9. f. 16. poft. « chargeable, or whofe parents are or fhall become charge"able to the refpective parish or parishes wherein they

Boy's age to be inferted in his

inhabit, or who fhall beg for alms, to be apprentice and apprentices to the fea-fervice, to any of her majefty's "fubjects, being mafters or owners of any fhip or veffel "ufed in fea-fervice, and belonging to any port or ports "within the kingdom of England, dominion of Wales, "and town of Berwick-upon-Tweed aforefaid, for fo long "a time and until fuch boys fhall refpectively attain or "come to the age of one-and twenty years; and fuch bind"ing out any fuch apprentice fhall be as effectual in the "law, to all intents and purposes, as if fuch boy were of "full age, and by indenture had bound himself an appren "tice."

797. "And to the end that the time of the continuance of the fervice of fuch apprentice or apprentices may the indentures, &c. « more plainly and certainly appear, the age of every fuch boy fo to be bound apprentice fhall be mentioned and "inferted in his indentures, being taken truly from a

сорт

copy of the entry in the REGISTER-BOOK wherein the time of his 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 parishes wherein fuch boy's baptifm fhall be registered, without fee or reward, and may be writ upon paper or parchment without any ftamp or mark; and where no fuch entry of fuch boy's being baptized can be found, two or more of fuch juftices of the peace, and fuch mayors, aldermen, bailiffs, or other chief officers, fhall, as fully as they can, inform themfelves of fuch boy's age, and from fuch information fhall infert the fame in the faid indentures; and the age of fúch boy fo inferted and mentioned in the faid indentures (in relation to the continuance of his fervice) fhall be taken to be his true age, without any further proof thereof."

boy's neceffary

798. By 2. & 3. Ann. c. 6. f. 2. "The churchwardens and Churchwardene overfeers of the poor for the time being, of the feveral to pay down ' and refpective parishes from whence any fuch boy thall fifty thillings for be bound apprentice to the faid fervice as aforefaid, fhall clothing, &c. pay down to fuch master to whom the boy is bound, and be allowed at the time of his binding, the fum of fifty fhillings, to the fame in their "provide neceffary clothing and bedding for fea-fervice accounts. for fuch boy; and the charges by this act appointed

fhall be allowed to the faid churchwardens and over'feers on their accounts.'

churchwardens,

799. By 2. & 3. Ann. c. 6. f. 3. " AND WHEREAS Overfeers of the in many large parishes within this realm there are fe- poor of any veral townships or villages, and overfeers of the poor township or vil are chofen and appointed within and for each fuch lage to act as township or village refpectively; BE IT THEREFORE ENACTED, That the overfeers of the poor of every fuch township or village fhall and may, from time to time, within every fuch township or village, do, perform, and execute all and every the acts, powers, and authorities hereby enacted or directed to be done, performed, or executed by the churchwardens or overfeers of the poor of a parifh; any thing herein contained to the contrary in anywife notwithstanding."

800. By 2. & 3. Ann. c. 6. f. 4. "No fuch apprentice Parish appren'fhall be compelled or impreffed, or permitted or fuf- tices fhall not be fered to lift or enter himself into her majcity's fervice impreffed, &c. at fea, until fuch apprentice arrive at the age of eighteen

years."