Justices to determine Complaints between Apprentices. or for neglecting to provide each such Apprentice with such Leathern Cap and Brass Plate to be so affixed thereupon, and marked with his or her Name and Place of Abode as aforesaid, contrary to the true intent and meaning of this Act, any Sum not exceeding Ten Pounds, nor less than Five Pounds. And be it further Enacted, That until the first day of May one thousand eight hundred and nineteen, no Person or Persons exercising the Trade Business or Mystery of a Chimney Sweeper, shall let out to hire or lend by the day or otherwise, to any other Person, for the purpose of sweeping Chimnies by climbing, any Boy or Boys that are already Apprentice or Apprentices, or that shall hereafter be bound Apprentice or Apprentices under the directions of this Act, nor shall cause such Boy or Boys, or any Child Person or Servant in the employ of such Chimney Sweeper, to call the Streets, or otherwise exercise their Business of climbing, before Seven of the clock in the Morning, nor after Twelve of the clock at Noon, between the twentyninth day of September and the twenty-fifth day of March, nor before Five of the clock in the Morning, nor after Twelve of the clock at Noon, between the twenty-fifth day of March and the twenty-ninth day of September; and that if any Master or Mistress shall, after the passing of this Act, offend in any of the cases aforesaid, he or she shall 6 forfeit and pay for every such Offence, any Sum not exceeding Ten Pounds, nor less than Five Pounds. And be it further Enacted, That it shall be lawful for one or more such Justice or Justices, and he or they is and are hereby authorized to Masters and inquire into, hear and determine, as well all Complaints of hard or ill usage from any Master or Mistress to whom any such Apprentice shall be so bound as aforesaid, as also all Complaints of any such Child or Person as already have or who shall at any time hereafter voluntarily be bound Apprentice to such Business of a Chimney Sweeper, and in like manner also to inquire into, hear and determine, all Complaints of Masters or Mistresses against any such Apprentice, and to make such Orders therein respectively, as he or they is or are now enabled by law to do in other cases between Masters and Apprentices. And be it further Enacted, That if any Master or Mistress shall misuse or evil treat his or her Apprentice or Apprentices, or that any Apprentice shall have any just cause to complain of the forfeiture or breach of any of the Covenants, Clauses or Agreements, to be expressed and contained in such Indenture, on the part and behalf of such Master or Mistress, then such Master or Mistress shall forfeit for every such Offence any sum not exceeding Ten Pounds, nor less than Five Pounds. And Persons em Penalties on ploying Chilthe age of years, to climb Twenty-one Chimnies after the 1st day dren under And be it further Enacted, That from and after the First day of May one thousand eight hundred and nineteen, no Person or Persons whatsoever, in any part of the United Kingdom of Great Britain and Ireland, whether using the Trade or Business of a Chimney Sweeper or otherwise howsoever, shall from thenceforth hire, keep, retain or employ in his or her Trade or Service or Employment, or permit or of May 1819. suffer any Child or Person under the age of Twenty-one years, to be used or employed for the purpose of cleansing Chimnies, or for extinguishing Fires therein, by climbing or ascending the Flues thereof; and that every Person so offending, shall for each and every offence, forfeit any sum not exceeding Twenty Pounds, nor less than Forty Shillings. And be it further Enacted, That all Convictions for Penalties and Forfeitures by this Act imposed, for any Offence against the same, shall be made before one or more Justice or Justices of the Peace, or Magistrate or Magistrates, acting for the County, Stewartry, Riding, 7 City, Town, Borough, Division, or Place, where such Offence was committed, either by confession of the Offender or upon the Oath of one or more credible Witness or Witnesses; and for that purpose it shall be lawful for one or more such Justice or Justices, Magistrate or Magistrates, upon Complaint made to him or them thereof, to summon the Person or Persons so offending before him or them, to answer to such Complaint, in such manner as he or they is and are authorized to do in any other matter cognizable before a Magistrate. And be it further Enacted, That all Penalties and Forfeitures by this Act imposed, for any Offence Neglect or Default against the same, and all Costs and Charges to be allowed and ordered by the authority of this Act, shall be levied by Distress and Sale of the Goods and Chattels of the Offender or Person liable or ordered to pay the same respectively, by Warrant under the hand and seal of one or more such Justice or Justices of the Peace, Magistrate or Magistrates, acting for the County, Stewartry, Riding, City, Town, Borough, Division, or Place, where such Offence Neglect or Default shall happen; and such Order for payment of such Costs or Charges shall be made, rendering the Overplus of such Distress and Sale (if any) to the Party or Parties, after deducting the Charges of making the same; which Warrant such Justice or Justices, Magistrate or Magistrates, is and are hereby empowered and required to grant, upon conviction of the Offender, by Confession, or upon Oath of one or more credible Witness or Witnesses, or upon Order made as aforesaid; and the Penalties and Forfeitures, Costs and Charges, when so levied, shall be paid, the one half to the Informer, and the other half to the Overseers of the Poor of the Parish Township or Place where the Master or Mistress of such Apprentice shall dwell and inhabit, or in case there shall be no such Overseer, to His Majesty; and in case such 39. B No Warrant of Distress to be issued until Six Days after the Conviction. Distress not to be deemed unlawful for want of form. Plaintiff not to recover for any Irregularity,if tender of sufficient Amends be made. Justices to administer Oaths. such Distress cannot be found, and such Penalties and Forfeitures, or the said Costs and Charges shall not be forthwith paid, it shall and may be lawful for such Justice or Justices, Magistrate or Magistrates, and he and they is and are hereby authorized and required, by Warrant under his or their hand and seal or hands and seals, to commit such Offender or Offenders or Person or Persons liable to pay the same respectively, to the Common Gaol or House of Correction of the County, Stewartry, Riding, City, Town, Borough, Division, or Place, where the Offence shall be committed, or such Order as aforesaid shall be made, for any time not exceeding Three Months, unless the said Penalty, Forfeiture, Costs or Charges, shall respectively be sooner paid: Provided nevertheless, That no Warrant of Distress shall be issued for levying any Penalty or Forfeiture, Costs or Charges, until Six Days after the Offender shall have been convicted, and an Order made and served upon him or her for payment thereof. And be it further Enacted, That where any Distress shall be made, for any sum or sums of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any default or want of Form in any Proceedings relating thereto; nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers ab initio, on account of any Irregularity which shall be afterwards done by the Party or Parties distraining; but the Person or Persons aggrieved by such Irregularity may recover a full satisfaction for the special Damage in an Action on the Case to be brought in some of the Courts of Record at Westminster or in Dublin, or by Action raised or Complaint preferred in the Court of Session in Scotland: Provided always, That no Plaintiff or Plaintiffs shall recover in any Action for any such Irregularity, Trespass, or wrongful Proceeding, if Tender of sufficient Amends shall be made by or on the behalf of the Party or Parties who shall have committed or caused to have been committed any such Irregularity or wrongful Proceedings, before such Action brought; and in case no such Tender shall have been made, it shall and may be lawful for the Defendant in any such Action, by leave of the Court where such Action shall depend, at any time before Issue joined, to pay into Court such sum of Money as he or they shall see fit; whereupon such Proceedings or Orders and Judgments shall be had, made, and given, in and by such Court, as in other Actions where the Defendant is allowed to pay Money into Court. And be it further Enacted, That where any Oath is hereby required and directed to be taken, the Justice or Justices of the Peace, or Magistrate or Magistrates, of the County, Stewartry, Riding, City, Town, Borough, Division or Place where the Offence shall be committed, committed, shall administer, and he or they is and are hereby respectively empowered to administer the same. aggrieved may Quarter Provided always, and be it further Enacted, That if any Person Persons shall think himself or herself aggrieved, by any thing done by any appeal to the Justice or Justices of the Peace, Magistrate or Magistrates, in pur- Sessions. suance of this Act, such Person may appeal to the Justices of the Peace at the next General or Quarter Sessions of the Peace, or in any other competent Court, to be holden for the County, Stewartry, Riding, City, Town, Borough, Division or Place wherein the cause of such Com10 plaint shall arise, having first entered into a Recognizance with sufficient Surety, before such Justices or Magistrates, to prosecute and abide by the Order or Orders that shall be made on such Appeal, and also giving or causing to be given to the Justice or Magistrate by whose act or acts such Person shall think himself or herself aggrieved, Notice in writing of his or her intention to bring such Appeal, and of the matter thereof, within Six Days after the cause of such Complaint shall have arisen. The SCHEDULE to which the BILL refers. FORM OF INDENTURE. THIS HIS INDENTURE, made the year of the Reign of our Sovereign Lord George the Third, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and between A. B. and C. D. Churchwardens and Overseers of the Poor of the Parish of in the County of of the [or, E. F. the Father or next Friend of the Boy to be placed out, a poor Boy of the said Parish, [Township or Place,] being of the may be] to be apprenticed to the said he being his first, [second, third, fourth, fifth or sixth Apprentice, as the case may be] to learn the Trade, Business, Art and Mystery of a Chimney Sweeper, and with him [or, her] to dwell, remain and serve, from the day of the date of these Presents for and during the term of years from thence next ensuing, and fully to be complete and ended; during all which time he, the said Apprentice, his said Master [or, Mistress] will faithfully serve and obey, his [or, her] secrets keep, and his [or, her] lawful commands every where gladly do and perform; he shall not haunt alehouses or gaming houses, nor absent himself from the service of his said Master [or, Mistress] day or night, without his [or, her] leave, but in all things, as a faithful Apprentice, shall behave himself towards his said Master [or, Mistress] and all his [or, hers] during the said term: And the said in consideration of the good will which he [or, she] hath and beareth towards the said Apprentice, and of the faithful service so to be performed by him, doth hereby covenant promise and agree, with the said Churchwardens and Overseers of the Poor, or the said E. F. [as the 12 case may be] that he [or, she] the said his [or, her] said Apprentice, in the Art or Mystery of a Chimney Sweeper, which he [or, she] now useth, shall and will teach and instruct, or cause to be taught and instructed, in the best manner that he [or, she] can; and shall and will provide and allow unto the said Apprentice, during all the said term, competent and sufficient Meat, Drink, Washing, Lodging, Apparel, and all other things necessary for the said Apprentice: And that the said Executors Administrators or Assigns, shall not nor will assign over this present Indenture, or the Apprentice to be bound thereby, without the Consent and Approbation in writing of Two or more such Justices of the Peace, to be signified according to the form of the Approbation hereunder written: AND whereas from the nature of the Business or Employment of a Chimney Sweeper, it is necessary for the Boys employed to have a Dress particularly suited to that occupation, the said doth hereby also covenant promise and agree, to and with the said Churchwardens and Overseers of the Poor [or, the said E. F. as the case may be] to find and allow such suitable Dress for the said Apprentice as often as need or occasion shall be and require, and provide for and deliver to the said Apprentice once in every year at least during the term aforesaid, over and above the said Dress, one whole and complete suit of Clothing, with suitable Linen, Stockings, Hat and Shoes: And further, that the said shall and will, at least once in every week, eause the said Apprentice to be thoroughly washed and cleansed from Soot and Dirt, and shall and will require the said Apprentice to attend the public worship of God on the Sabbath-day, and permit and allow him to receive the benefit of any other religious instructions; and that the 13 |