account respecting any of the particulars hereinbefore mentioned, on conviction thereof 56 Geo. 3. before any two of His Majesty's justices of the peace for the county, city, town, or c. 86. district, in which such alien shall be, may be adjudged, at the discretion of such justices, for the first offence, to suffer imprisonment for any time not exceeding one

month.

of

go

$10.

Rule 32. It shall be lawful for the lord mayor and mayors, or any one or more of the How mayors, aldermen, of the cities of London and Dublin, and for any of His Majesty's justices of &c. may dethe peace for any county, or place, being specially authorized by one of His Majesty's tain aliens, principal secretaries of state, or by such secretary of the lord-lieutenant or chief vernor, by warrant under his hand and seal, or generally authorized by order of His Majesty in council, or any mayor or chief magistrate, or other magistrate or magistrates any city, borough, or town corporate, so authorized, to cause any alien whom he or they shall have cause to suspect to be a dangerous person, to be taken into custody and examined, and either to discharge or detain such alien in custody, as shall appear adviseable; and if it shall appear fit to detain such alien in custody, it shall be lawful for such mayor, or other magistrate, or such justice, by warrant under his or their hand and seal, to order such alien to be detained in custody until His Majesty's pleasure shall be known, there to remain without bail or mainprize: provided, nevertheless, in Account of every such case, every such mayor, or justice, shall forthwith transmit an account of his proceedings. proceedings touching such alien, and of the reasons for which he shall have thought fit to detain such alien, to one of His Majesty's principal secretaries of state, or secretary of the lord-lieutenant of Ireland, in order that His Majesty, or such lord-lieutenant, may determine what may be fit to be done thereon; and it shall be lawful for His Majesty, by warrant under his sign manual, or for such lord-lieutenant by order under his hand, or by warrant under the hand and seal of any one of his principal secretaries of state, or the secretary of such lord-lieutenant, either to direct that such alien shall be discharged, or ordered out of the kingdom.

Rule 33. If any certificate issued to any alien by virtue of this act shall be lost, How justices mislaid, or destroyed, and such alien shall produce to one of His Majesty's justices of shall grant the peace, from the officers of customs so appointed, at the port where such alien shall certificates have arrived, or from the office of one of His Majesty's principal secretaries of state, when others or from the office of the chief secretary of the lord-lieutenant of Ireland, à copy of the lost, § 11. certificate so lost, mislaid, or destroyed, and shall make it appear, to the satisfaction of such justice, that he is the person named in such certificate, and that the same has been lost, mislaid, or destroyed, without his wilful neglect or default, such justice is hereby required to grant to such alien a fresh certificate, which shall be of the like force as the certificate so lost, &c.

Rule 34. Every such custom house officer shall forthwith, and every magistrate or Copies of enjustice to whom any such certificate or account shall be produced or delivered as afore- tries and cersaid, shall forthwith, after the same shall have been so produced or delivered, transmit, tificates, § 12. if in Great Britain, to one of His Majesty's principal secretaries of state, and if in Ireland, to the chief secretary of the lord-lieutenant of Ireland, true and exact copies of all such entries, certificates, and accounts respectively, made by or delivered to any

such custom house officer, magistrate, or justice, by virtue of this act.

of

Rule 35. All certificates hereinbefore required to be given by any inspector of Fees, 13. aliens, or officer of customs, or by any justice of the peace, or other magistrates respectively, shall be given without any fee or reward whatsoever; and every such inspector, &c. or other person who shall take any fee or reward, or sum of money, any alien, for any certificate or thing under this act, shall forfeit for each such offence 101.; and every inspector of aliens, or officer of customs, who shall refuse or neglect Neglecting to to make any such entry, or grant any certificate thereon, in pursuance of this act, or make entry, shall knowingly make any false entry, or neglect to return the copies thereof, in man- &c. ner directed by this act, shall forfeit for every such offence 201.

Rule 36. If any person shall wilfully forge, counterfeit, or alter, or cause to be Forging certiforged, &c. or shall utter, knowing the same to be forged, &c. any certificate herein di- ficates, or obrected to be obtained, or shall obtain any such certificate under any other name or de- taining them scription than the true name and description of such alien, without disclosing to the under false person granting such certificate the true name and description of such alien, and the pretences, reason for concealing the same, or shall falsely pretend to be the person intended to be $ 14. named and described in any such certificate, every person so offending, being lawfully convicted thereof, shall suffer imprisonment in the common gaol for any time not exceeding one year.

Rule 37. No foreign ambassador or other public minister duly authorized, nor the Ambassadors domestic servants of any such foreign ambassador or public minister, registered as such and servants, according to the directions of the laws in force for that purpose, or being actually at- 15.

56 Geo. 3. € 86.

Aliens not

tendant upon such ambassador or minister, shall be deemed an alien within the meaning of this act: provided also, that nothing in this act contained shall affect any alien in respect of any act done or omitted to be done, who shall make it appear that he was not more than 14 above the age of 14 years at the time when such act was so done or omitted to be done: years old, provided, that if any question shall arise, whether any person alleged to be an alien, and subject to the provisions of this act, or any of them, is an alien or not, or is or is not an alien subject to the said provisions, or any of them, the proof that such person is, or by law is to be deemed to be, a natural born subject of His Majesty, or denizen of this kingdom, or naturalized by act of parliament, or if an alien is not subject to the provisions in this act, or any of them, by reason of any exception in this act, or which shall be expressed in any proclamation or order in council as aforesaid, or in any special warrant as aforesaid, shall lie on the person so alleged to be an alien, and to be subject to the provisions of this act, some or one of them.

Proof.

By whom aliens may be admitted to bail, 16.

How justices may admit

aliens to bail, $17.

Rule 38. In every case in which power is given by this act to commit any alien to gaol without bail or mainprize, it shall be lawful for any justices of His Majesty's courts of record at. Westminster or in Dublin, or for any of the barons in Great Britain or Ireland, being the degree of the coif, or for the lord justice clerk, or any of the commissioners of justiciary in Scotland, if upon application made he shall see sufficient cause, to admit such person to bail, he giving sufficient security for his appearance to answer the matters alleged against him.

Rule 39. It shall be lawful for any justice of the peace to admit any alien to bail, who shall have been committed by virtue of this act, such justice being authorized so to do by warrant of one of His Majesty's principal secretaries of state, or of the lord lieutenant of Ireland, or his chief secretary for that purpose, specifying the security to be taken by such justice.

Allens having Rule 40. When any alien who shall have been committed under this act, to remain been in cus- until he shall be taken in charge for the purpose of being sent out of the realm, shall tody two not be sent out of the realm within two calendar months after such commitment, it shall months, 18. in every such case be lawful for any of the justices of His Majesty's courts of record at Westminster, or in Dublin, or for any of the barons in Great Britain or Ireland being of the degree of the coif, or for the lord justice clerk, or any of the commissioners of justiciary in Scotland, or for any two of His Majesty's justices of the peace in any part of the United Kingdom, upon application made to him or them by or on the behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application had been given to some or one of His Majesty's principal secretaries of state in Great Britain, or to the lord lieutenant of Ireland, or his chief secretary, according to his or their discretion, to order the person so committed to be continued in or discharged out of custody.

Aliens having Rule 41. Aliens abiding in this kingdom, who have heretofore quitted their requitted spective countries by reason of any revolution or troubles in France, or in countries France, § 19. conquered by the arms of France, shall not be liable to be arrested, imprisoned, or held to bail, or to find any caution for their forthcoming, or paying any debt, nor be taken in execution on any judgment, nor by any caption, for any debt or other cause of action contracted or arising in any parts beyond the seas, other than the dominions of His Majesty, while such aliens were not within the said dominions of His Majesty; and in case any such aliens shall have been or shall be arrested, imprisoned, or held to bail, or taken in execution on a judgment, or by caption, contrary to this act, such alien shall be discharged therefrom by order of any of His Majesty's courts of record at Westminster or Dublin, or of the court of session in Scotland, or of any judge of such courts in vacation time.

ed and ap

plied,

20.

How penalties Rule 42. All pecuniary penalties by this act imposed, exceeding the sum of 101. to be recover- shall be recovered by action of debt, bill, plaint, or information, in any of His Majesty's courts of record at Westminster or in Dublin, or the court of great session in Wales, or the courts of the counties palatine of Chester, Lancaster, and Durham, or by action or summary bill or information in the courts of justiciary or exchequer in Scotland, as the case shall require, wherein no essoin, privilege, protection, or wager of law, nor more than one imparlance, shall be allowed; and all pecuniary penalties by this act imposed, not exceeding the sum of 101. shall, on conviction of the offender upon oath before any justice of the peace of the county, or place, where the offence shall be committed, be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of such justice, rendering to such offender the overplus (if any) on demand, after deducting the charges of such distress and sale; and for want of sufficient distress, such justice is hereby required to commit such offender to the common gaol of the county, or place, where such offence shall be committed, for any time not exceeding six calendar months, and no writ of certiorari, or of advocation

Imprisonment.

or suspension, shall be allowed to remove the proceedings of the said justice touching 56 Geo. 3. the pecuniary penalties aforesaid, or to supersede or suspend execution or other pro- e. 86. ceeding thereupon.

Rule 43. The inhabitants of any parish, township, or place, shall be deemed Witnesses, to be competent witnesses, for the purpose of proving the commission of any offence § 21. against this act within the limits of such parish, &c. notwithstanding any part of the penalty incurred by such offence is given or applicable to the poor of such parish, &c.

Rule 44. If any person shall at any time be prosecuted for any thing by him done Limitation of or executed in pursuance of this act, or of any thing therein contained, such prosecu- actions, § 22. tion shall be commenced within the space of 12 calendar months next after the offence shall be committed.

Rule 45. The powers given by this act to the lord-lieutenant, or his chief secretary, Powers of lord or to the privy council of Ireland, shall not extend to the case of any alien arriving lieutenant or being in Great Britain; and the powers given by this act to any justice of and magisthe peace, mayor, or chief magistrate of any city, town, or place, shall not ex- trates, § 23. tend to give such magistrates any authority to act beyond the limits of their respective jurisdiction.

Rule 46. This act shall continue in force two years from the 26th June 1816, and Continuance until the end of the session of parliament in which the said two years shall expire, if of act, § 24. parliament be then sitting. (a)

TITLE XVIII.-APPRENTICES.

[THE encouragement of shipping and navigation has ever been a matter of primary importance to this kingdom. To promote, as much as possible, the increase of able and experienced mariners and seamen for the service of the royal navy, and to carry on our trade and commerce, it has been deemed right to adopt legislative measures for apprenticing such youth as shall voluntarily betake themselves to the sea service and to the practice of navigation; and for apprenticing others who, by reason of their own or their parents' poverty, are destitute of employment or any lawful means whereby to maintain themselves. The laws concerning which are given under this title.]

2 and 3 Ann. c. 6. § 1.

How boys

may be ap

prenticed to

Rule 1. IT shall be lawful for two or more justices of the peace, in their several counties, ridings, or divisions, as also for all mayors, aldermen, bailiffs, and other chief officers and magistrates of any city, borough, or town corporate, within England, and likewise for the churchwardens and overseers of the poor of the several parishes within the places aforesaid, and by and sea service. with the consent and approbation of such justices, &c. to bind and put out any boy, who shall be of the age of 10 years, or upwards, (b) or who shall be chargeable, or whose parents are or shall become chargeable to the parish wherein they inhabit, or who shall beg for alms, to be apprentice to the sea service, to any of Her Majesty's subjects, being masters or owners of any vessel used in the sea service, and belonging to any port within England, until such boys shall respectively attain the age of 21 years; and such binding out any such apprentice shall be as effectual in law as if such boy were of full age, and by indenture had bound himself an apprentice: and to the end Boy's age in that the time of the continuance of the service of such apprentice may the indenture, &c. more plainly and certainly appear, the age of every such boy shall be inserted

(a) By 58 Geo. 3. c. 96. the above act is continued in force from the 26th June, 1818, for the term of two years, and until the end of the session of parliament in which that term shall expire, if parliament be then sitting.

(b) By 4 & 5 Ann. c. 19. § 16. no such master shall be obliged to take any such apprentice under the age of 13 years, or who shall not appear to be fitly quanfied both as to health and strength of body for that service; and any widow of the master of such vessel, or the executor or administrator of such master, who shall have been obliged to take such parish boys apprentice to them, shall have the power of assigning over such apprentices to any other masters of vessels, who have not their complement of apprentices required by the above act.

e. 6.

2 and 3 Ann. in his indentures, being taken truly from a copy of the entry in the registerbook, wherein the time of his being baptized shall be entered (where the same can be had), which copy shall be given and attested by the minister, vicar, or curate of such parish, wherein such boy's baptism shall be registered, without fee or reward, and may be writ upon paper or parchment without any stamp or mark; and where no such entry of such boy's being baptized can be found, two or more of such justices of the peace, and such mayors, or other chief officers, shall, as fully as they can, inform themselves of such boy's age, and from such information shall insert the same in the said indentures; and the age of such boy so inserted in the said indentures (in relation to the continuance of his service) shall be taken to be his true age, without any further proof thereof.

Boy's cloathing, &c.

Overseers in

Rule 2. The churchwardens and overseers of the poor of the several parishes, whence any such boy shall be bound apprentice to the said service, shall pay down to such master, to whom the boy is bound, at the time of his binding, the sum of 50s. to provide necessary clothing and bedding for sea service, for such boy; and the charges by this act appointed shall be allowed to the said churchwardens and overseers on their accounts.

Rule 3." And whereas in many large parishes within this realm, there townships,&c. " are several townships or villages, and overseers of the poor are chosen and $3. "appointed within and for each such township or village respectively;" it is therefore enacted, that the overseers of the poor of every such township or village shall, from time to time, within every such township or village, do all the acts hereby directed to be done, by the churchwardens or overseers of the poor of a parish.

Impressing, § 4.

Indentures to

Rule 4. No such apprentice shall be compelled or impressed, or permitted to list or enter himself, into her Majesty's service at sea, or into the sea service of Her Majesty, till such apprentice arrive to the age of 18 years.

Rule 5. The churchwardens and overseers of the parish, out of which any be entered and such boy shall be bound an apprentice, shall send the said indentures to the indorsed, 5. collector of customs, residing at, or belonging to, any port within England,

whereunto such masters or owners of vessels, to whom such apprentice shall be bound, do or may belong; who shall in a fair book, to be by him kept for that purpose, from time to time, fairly enter every indenture, whereby such apprentice shall be bound, and which shall be so sent unto him, and shall make an indorsement upon the said indentures of the registry thereof, subscribed by the said collector, without taking any fee or other reward for the same and every such collector neglecting or refusing to enter such indentures, and indorse the same, or making false entries, shall forfeit 57. for the use of Certificate to the poor of the parish, whence such boy was bound apprentice: and every be sent to the such collector, or his lawful deputy, of the said respective ports, shall from time to time transmit certificates in writing, under his hand, to the commissioners of the admiralty, containing the names and ages of every such apprentice, and to what ship he belongs, and upon receipt of such certificates, protections shall, from time to time, be made and given for such apprentices, till they attain their respective ages of 18 years, without any fee or reward to be taken for the same: which certificates are not required to be writ upon stamped paper or parchment.

admiralty.

Protections.

How boys may

G.

Rule 6. Every person, to whom any poor parish boy shall be put apprenbe turned over tice according to law, may, with the approbation of two or more justices of to sea service, the peace of the same county, and dwelling in or near the same parish where such poor boy was bound apprentice, or with the approbation of any mayor, or other chief officer or magistrate of any city, borough, or town corporate, where such poor boy was bound apprentice, at the request of the master or mistress, then living, of such apprentice, or his executors, administrators, or assigns, by indenture, assign and turn over such poor boy apprentice to any master or owner of any such vessel, using the sea service as aforesaid, for the then remaining time of his apprenticeship; which assignments of such apprentices shall be good and effectual in law: all which indentures of assign

c. 6.

Registry of

ment are hereby directed to be registered, and certificates thereof given and 2 and 3 Ann. transmitted by such collector, at the said several ports where such parish apprentices shall be so assigned over, and bound to the sea service, in manner and form aforesaid; and upon receipt of such certificates, protections shall, from time to time, be made and given for such apprentices (so to be assigned over as aforesaid) till they shall attain their respective ages of 18 years, without fee or reward for the same in like manner as aforesaid.

indentures.

master inust

Rule 7. Every of Her Majesty's subjects, being master or owner of any How many apvessel, used in the sea service, (a) as aforesaid, of the burthen of 30 tons to prentices each the burthen of 50 tons, shall be obliged to take one such apprentice, and one more for the next 50 tons, and one more for each hundred tons such vessel take, § 8. shall exceed the burthen of 100 tons and such master or owner of any vessel, refusing to take such apprentice or apprentices, shall forfeit 101. for the use of the poor of the parish whence such boy was bound apprentice.

Rule 8. Every master or owner of such vessel, so obliged to take such ap- Account of prentices, after his arrival in any port aforesaid, and before he clears out of apprentices, such port, shall give an account in writing, under his hand, to the collector of 9.. such port to which he belongs, containing the names and number of such apprentices as are then remaining in his service.

Rule 9. Every such apprentice shall, from time to time, be sent to the Conveying respective ports, to which his master shall belong, by the churchwardens and apprentices to overseers of the poor, or their agents, of the parish from whence such appren- masters, 10. tice is bound, and the charges thereof to be defrayed in the same manner as is provided by 11 & 12 Will. 3. c. 18. (b)

to be execut

Rule 10. The counterpart of all such indentures, to be executed by the re- Before whom spective masters of all such apprentices, shall be sealed and executed in the counterparts presence of, and attested by, the collector at the port aforesaid (where such of indentures apprentices shall be bound or assigned over), and the constable or other officer, ed, and how who shall bring or convey such apprentices to the said respective masters; and to whom which constables or officers last mentioned shall transmit and convey the to be transcounterparts of such indentures to the churchwardens and overseers of the mitted, § 11. several parishes from whence such apprentices shall be bound, by the same ways and means as such apprentices were conveyed to the said respective

ports.

Rule 11. Two or more justices of the peace of the respective counties, and Justices to dedwelling in or near any of the ports aforesaid, and all mayors, and other chief termine comofficers and magistrates of any city, borough, or town corporate, in or near plaints, § 12. adjoining to such port to which such vessel shall at any time arrive, shall have full power, and are hereby authorized, to inquire into and determine all complaints of hard or ill usage from the several masters to such their apprentices, so to be bound or assigned over, and also of all such as already have, or who shall at any time hereafter, voluntarily put themselves apprentices to the sea service as aforesaid, and to make such orders therein, as now they are enabled by law to do in other cases between masters and apprentices.

$13.

Rule 12. Every such collector in every port aforesaid, shall, in their several Collector to stations, keep an exact register, containing as well the number and burthen keep a regisof all such vessels, together with the masters' or owners' names, as also the ter, and transmit copies, names of such apprentices in each vessel belonging to their respective ports, and from what parishes and places such apprentices were respectively sent; and such collectors shall transmit true copies of such register, signed by them, to the quarter-sessions, or to such cities, or places, when they shall be reasonably required so to do; for which copies no fee or reward shall be taken: and every such collector refusing or wilfully neglecting to transmit such copies, shall for every such refusal or neglect forfeit 57. for the use of the poor of the parish, whence such boy was bound apprentice.

Rule 13. Every custom house officer, at each of the ports aforesaid, shall

(a) As to vessels in the West India trade, see Rule 16 of this title.

() Relating to vagrants, not within the plan of this work.