An Act respecting Apprentices and Minors. ER Majesty, by and with the advice and consent of the follows: labour in certain cases. bind themselves 1. When a Minor over the age of sixteen years, who has no Minors may parent or legal guardian, or who does not reside with his parent to or guardian, enters into an engagement written or verbal to perform any service or work, he shall be liable upon the same and shall have the benefit thereof as if he had been of legal age. 14, 15 V. c. 11, s. 14. bind minors as apprentices. 2. A parent, guardian or other person having the care or Power of pa charge of a Minor not under the age of fourteen years, may, with rents, &c., to the consent of the Minor, put and bind him as an apprentice, by Indenture, to any master-mechanic, farmer or other person carrying on a trade or calling, for a term not to extend beyond the minority of the Apprentice. 14, 15 V. c. 11, s. 1. See 8 G. 4, c. 6, s. 2. mother when children. 3. When the father of an infant child abandons and leaves The like power the child with the mother, the mother, with the approbation of given to the two justices of the peace, may bind the child as an apprentice to the father abanany person mentioned in the last section until the child attains dons his infant the age of twenty-one years in the case of a male, and eighteen in the case of a female; and an indenture to that effect, under the hand and seal of the mother and countersigned by such justices, shall be valid; but no child, having attained the age of fourteen years, shall be so apprenticed, unless he, or she consents. 39 G. 3, c. 3, ss. 1, 2, 4. magistrate to prentices. 4. In a City or Town, the Mayor, Recorder, or Police Ma- Power of the gistrate, and in a County, the Chairman of and at the Court of mayor or chief General Quarter Sessions of the Peace may, in Court, put and bind orphans, bind for the like period, to any person mentioned in the several &c., as apsections of this Act, with the consent of such person and of the Minor, any Minor who is an orphan, or has been deserted by his or her parents or guardian, or whose parents or guardian have been for the time committed to a common gaol or house of correction, or any Minor who is dependent upon a public charity for support; and such Apprentice and the Master of such Apprentice shall be held in the same manner as if the Apprentice had been bound by his or her parent. 14, 15 V. c. 11, s. 2. to be transfer 5. If the Master of the Apprentice dies, the Apprentice shall, If the master by Act of Law, be transferred to the person, (if any), who con- dies, apprentice tinues the establishment of the deceased; and such person red to his sucshall hold the Apprentice upon the same terms as the deceased cessor in the if alive would have done. 14, 15 V. c. 11, s. 3. business. Apprentices may be transferred. Duties of masters towards apprentices. Duty of apprentices. Justices may hear and determine com prentices against their masters. 6. A Master inay transfer his Apprentice to any person who is competent to receive or take an Apprentice, and who carries on the same kind of business. 14, 15 V. c. 11, s. 3. 7. Every Master shall provide to his Apprentice, during the term of his Apprenticeship, suitable board, lodging and clothing, or such equivalent there for as is mentioned in the Indenture, and shall also properly teach and instruct him, or cause him to be taught and instructed, in his trade or calling. 14, 15 V. c. 11, s. 4. 8. Every Apprentice shall, during the term of his Appren ticeship, faithfully serve his Master, shall obey all his lawful and reasonable commands, and shall not absent himself from his service, day or night, without his consent. s. 5. 14, 15 V. c. 41, 9. Any Justice of the Peace, Mayor, or Police Magistrate, on complaint made before him on oath by an Apprentice plaints by ap- against his Master for refusing him necessary provisions, or for misusage, cruelty or ill-treatment, shall summon the Master to appear before him to answer the complaint, and shall thereupon, hear and determine the complaint, and on conviction shall levy on the offender a fine not exceeding twenty dollars, and issue a warrant of distress to collect the same and the costs, and in default of satisfaction of the distress, shall im prison the offender in any common gaol for a term not ex ceeding one month, unless the fine and costs be sooner paid. 14, 15 V. c. 11, s. 6. And by masters against their apprentices. Liability of apprentice de serting his mas ter's service. How com heard. 10. Any Justice, Mayor, or Police Magistrate, shall also, on complaint of a Master against his Apprentice for refusing to obey his commands, or for waste or damage to property, or for any other improper conduct, cause the Apprentice to come before him, and shall hear and determine the complaint, and on conviction, order such Apprentice to be imprisoned in a common gaol or house of correction for a term not exceeding one month. 14, 15 V. c. 11, s. 6. 11. In case an Apprentice absents himself from his Master's service or employment before the time of his Apprenticeship expires, he may at any time thereafter, if found in Upper Canada, be compelled to serve his Master for so long a time as he so absented himself, unless he makes satisfaction to his Master for the loss sustained by such absence. 14, 15 V. c. 11, s. 7. 12. In case an Apprentice refuses to serve as above required, plaints may be or to make such satisfaction to his Master or to obey the lawful commands of his Master, or in any other way refuses or neglects to perform his duty to his Master, and if the Master, or his overseer or agent, complains on oath to a Justice of the Peace, Peace, Mayor, or Police Magistrate, either in the County, City or Town where the Master resides, or in any County, City or Town where the absconding Apprentice is found, such Justice, Mayor, or Police Magistrate shall, by Warrant under his hand and seal, cause the Apprentice to be apprehended and brought before him, or before some other Justice of the Peace; and such Justice upon hearing the complaint, shall determine what satisfaction shall be made by the Apprentice to his Master; And in case the Apprentice does not give or make Committal of such satisfaction immediately, or in case the satisfaction be of apprentice in such a nature as not to admit of immediate performance if &c. he does not give sufficient security to make such satisfaction, then the Justice, Mayor, or Police Magistrate shall commit the Apprentice to the common gaol, or House or Correction of the County, City or Town, for any time not exceeding three months; but such imprisonment shall not release the Apprentice from his obligation to make up the lost time to his Master. 14, 15 V. c. 11, s. 7. certain cases, against abscon 13. Where the Apprentice has not left Upper Canada, or Limitation of having left it, has returned thereto, the Master shall not proceed proceedings against him under this Act, except within three years next after ding apprenthe expiration of the term for which the Apprentice contracted tice. to serve, or next after his return, as the case may be. 14, 15 V. c. 11, s. 7. 14. Any person who knowingly harbors or employs an Penalty for emabsconding Apprentice, shall pay to the Master of the Apprentice ploying or harbouring abthe full value of the Apprentice's labor, and such value shall sconding apbe what the Master would have received from the labor and prentices. service of the Apprentice if he had continued faithfully in his Master's service, and the Master may recover the same in any Court having jurisdiction where the Apprentice has been employed, or where the Master resides. 14, 15 V. c. 11, s. 8. appren'.ce be 15. If an Apprentice become insane, or be convicted of a Indenture may felony, or be sentenced to the Provincial Penitentiary, or be avoided if absconds, his Master may, within one month then next ensuing, come insane. but not afterwards avoid the Indenture of Apprenticeship, from the time he gives notice in writing of his intention to do so to the other parties to the indenture, either by serving them with the notice or a copy thereof, or by inserting the same in the Canada Gazette, or in a newspaper of the County or City where the Master's establishment is situated. 14, 15 V. c. 11, s. 9. 16. Either party may appeal from the decision of a Justice, Either party Mayor, or Police Magistrate under this Act in manner provided may appeal. for by the Act respecting appeals in cases of summary conviction. 14, 15 V. c. 11, s. 10. 17. The Court of Quarter Sessions shall have a concurrent Act not to affect jurisdiction primary jurisdiction over offences committed against this Act. of Quarter 14, 15 V. c. 11, s. 11. YY2 18. Sessions. Additional powers given to that Court. Application of fines. 18. When that Court is called upon to adjudicate in any matter arising under this Act, it shall, in addition to the other powers of the Court, have power, in any case where it appears necessary for the full administration of justice, to annul the Apprenticeship, and to compel the parties to the indenture of Apprenticeship to deliver the same up to be cancelled, and the Court may make such further order as the circumstances require. 14, 15 V. c. 11, s. 11. 19. All fines imposed and collected under this Act shall be paid to the Chamberlain of the City, or to the Treasurer of the County or Town respectively, where the offence was committed. 14, 15 V. c. 11, s. 12. Action when maintainable by father or mother. Proof of service. When action maintainable by relatives, or INTERPRETATION. 20. The word "Master," when it occurs in this Act, shall include any person or number of persons, male or female, carrying on business singly or in co-partnership, and any body corporate. 14, 15 V. c. 11, s. 13,-12 V. c. 10, s. 5, No. 8. CAP. LXXVII. An Act respecting the action of seduction, and the support of illegitimate Children. HEE ER Majesty, by and with the advice and consent of the follows: SEDUCTION. 1. The father, or in case of his death, the mother of any unmarried female who has been seduced, and for whose seduction the father or mother could sustain an action in case such unmarried female were at the time dwelling under his or her protection, may maintain an action for the seduction, notwithstanding such unmarried female was, at the time of her seduction, serving or residing with another person, upon hire or otherwise. 7 W. 4, c. 8, s. 1. 2. Upon the trial of any action for seduction brought by the dispensed with. father or mother, it shall not be necessary to give proof of any act of service performed by the person seduced, but the same shall in all cases be presumed, and no proof shall be received to the contrary; but in case the father or mother of the female seduced had before the seduction, abandoned her, and refused to provide for and retain her as an inmate, then any other person who might at Common Law, have maintained an action for such seduction, may maintain such action. 7 W. 4, c. 8, s. 2. 3. Any person, other than the father or mother, who by maintainable if reason of the relation of master, or otherwise, would have been masters. By whom entitled entitled at Common Law, to maintain an action for the seduction parents abof an unmarried female, may still maintain such action, if the sent. father or mother be not resident in Upper Canada at the time of the birth of the child which may be born in consequence of such seduction, or being resident therein, does not bring an action for the seduction within six months from the birth of such child. 7 W. 4, c. 8, s. 3. SUPPORT OF ILLEGITIMATE CHILDREN. 4. Any person who furnishes food, clothing, lodging, or The father of other necessaries, to any child born not in lawful wedlock, may child liable for an illegitimate maintain an action for the value thereof against the father of necessaries. such child, if the child was a minor at the time the necessaries were furnished, and was not then residing with his or her reputed father and maintained by him as a member of his family. 7 W. 4, c. 8, s. 4. of the mother 5. Where the person suing for the value of such necessaries When proof is the mother of such child, or a person to whom the mother other than that has become accountable for such necessaries, the fact of requisite. the defendant being the father of such child shall be proved by other testimony than that of the mother. 7 W. 4, c. 8, s. 4. unless the mo the birth of the 6. No action shall be sustained under the two last sections, No action unless it be shewn upon the trial thereof, that while the mother of maintainable the child was pregnant, or within six months after the birth ther makes of her child, she did voluntarily make an affidavit in writing, affidavit before before some one of Her Majesty's Justices of the Peace for the child, or within County or City in which she resides declaring that the person who six months may be afterwards charged in such action is really the father of such child, nor unless she deposited such affidavit, within the time aforesaid, in the office of the Clerk of the Peace of the County, or Clerk of the Council of the City, as the case may be. 7 W. 4, c. 8, s. 4. alter. 7. Such affidavit shall not be evidence of the fact of the Such affidavit defendant being the father of such child. not to be evidence. tected. 8. This Act shall not take away or abridge any right of Other remedies. action or remedy which, without this Act, might have been not to be af maintained against the father of an illegitimate child. 7. W. 4, c. 8, s. 5. САР. |