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No. X.

c. 57.

enacted, That in all cases where any parish apprentice shall be discharged 32 Geo. III. by two justices under and by virtue of the said last-mentioned Act, from his or her apprenticeship, on account of any misdemeanor miscarriage or ill behaviour on the part of such apprentice, that it shall and may be lawful for such two justices if they think proper by warrant under their hands and seals to punish such offender by commitment to the house of correction, there to remain and be corrected and kept to hard labour for a reasonable time, not exceeding three calendar months, as to such jus

Apprentices discharged for ill

Behaviour may

be sent to the House of Correction.

Parties aggrieved may appeal to the Quarter Sessions.

tices shall seem meet.

XIV. And be it further enacted, That if any person shall be aggrieved by any matter or thing done or omitted to be done by any churchwarden or overseer of the poor, or by any of his Majesty's justices of the peace, or by any other person or persons whomsoever under and by virtue of this Act, besides such matters or things for which an appeal is hereinbefore specially given, it shall and may be lawful for such person or persons to appeal to the next general quarter sessions of the peace, where the same shall be heard and finally determined; and such court may award reasonable costs and expences to either party before them.

Schedule referred to in this Act.

A.

FORM of Proviso to be added to the Covenant for Maintenance. PROVIDED always, that the said last-mentioned covenant on the part of the said F. M. [the Master] his executors and administrators, to be done and performed, shall continue and be in force for no longer time than for three calendar months next after the death of the said F. M. in case he the said F. M. shall happen to die during the continuance of such apprenticeship, according to the provisions of an Act passed in the thirty-second year of the reign of King George the Third, intituled [Here set forth the Title of the Act.]

B.

FORM of the Order of two Justices, directing a Parish Apprentice to continue with the Widow [or as the case may be] of his deceased Master, by Indorsement on the Indenture, or Counterpart thereof; on which Binding no more was paid than the Sum for that Purpose mentioned in

this Act.

County of WHEREAS F. M. [the Master] within named, late of the
parish of
in the said county, died on the
day of
being within three calendar months now
last past; we, two of his Majesty's Justices of the Peace for the county
aforesaid, whose names are hereunto subscribed, on the application and
at the request of A. M. widow [or as the case may be] of the said F. M.
living with and being part of the family of the said F. M. at the time of
his death, do hereby order and direct that A. P. the apprentice within
named, who was in the service and actual employment of the said F. M.
at the time of his death, shall serve the said A. M. as such apprentice
for the residue of the term of such apprenticeship within mentioned, ac-
cording to the provisions of an Act passed in the thirty-second year of the
reign of King George the Third, intituled An Act for the further Regu-
lation of Parish Apprentices. Witness our hands this
I, the above-named A. M. do hereby declare, that the
above order is made at my request, and that I do accept
the said A. P. as my apprentice, according to the terms
and covenants contained in the said indenture, and ac-
cording to the provisions of the said Act. Witness my
hand the day and year above written.

C.

day of

FORM of the like Order by a separate Instrument.

County of WHEREAS

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tices of the Peace for the said County, That A. P.

[the Apprentice] was bound an Apprentice by the Churchwardens and Overseers of the Poor of

late of the said Parish,

died on

day of

No. X.

to F. M. [the Master] and that the said F. M. 32 Geo. III. being c. 57.

within three calendar months now last past: Now we, the said two Justices, on the application and at the request, &c. [then to the end as before, mutatis mutandis.]

D.

FORM of the Assignment of such a Parish Apprentice, with the Con-
sent of two Justices, by Indorsement on the Indenture or Counterpart.
County of BE it Remembered, that the within-named F. M. [the
I. P. and K. P. two of his Majesty's Justices of the Peace for the said
County, whose Names are subscribed to the consent hereunder written,
doth hereby assign A. P. the Apprentice within named, unto N. M. [the
new Master] to serve him during the residue of the term within men-
tioned; and that he the said N. M. doth hereby agree to accept and take
the said A. P. as an Apprentice for the residue of the said term, and doth
hereby acknowledge himself his executors and administrators, to be
bound by the agreements and covenants within mentioned on the part
of the said F. M. to be done and performed according to the true intent
and meaning thereof, and pursuant to the provisions of an Act passed in
the thirty-second year of the reign of King George the Third, intituled,
An Act for the further Regulation of Parish Apprentices. In witness
whereof we, the said F. M. and N. M. have hereunto set our hands
this
day of

} Master] by and with the consent and approbation of

We, two of his Majesty's Justices of the Peace abovementioned, do consent thereto. Witness our hands, this

day of

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FORM of the like Assignment by a separate Instrument.

County of

WHEREAS it appears unto us, I. P. and K. P. two of his Majesty's Justices of the Peace for the said County, whose Names are subscribed to the consent hereunder written, that A. P. was bound an Apprentice by the Churchwardens and Overseers of the Poor of the Parish of

of the said Parish,

or about the

day of

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to F. M. by Indenture bearing date on until the said

A. P. should attain his age of twenty-one years: Now be it remembered, that the said F. M. by and with the consent, &c. [and so to the End as before, mutatis mutandis.]

[ No. XI. ] 33 George III. c. 55.-An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers, for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates.-[21st June 1793.]

c. 55.

WHEREAS it is expedient to give further powers to Justices of the 33 Geo. III. Peace to impose fines upon overseers of the poor, constables, and other peace and parish officers within their respective jurisdictions, for neglect of duty in such their respective offices, or for dis' obedience of the warrants or orders of such justices; and it is also 'expedient to empower justices to impose fines upon masters of ap

No. XI.

33 Geo. III. c. 55.

Justices may impose Fines upon Constables, &c. for

'prentices for ill usage of such their apprentices, and also to make pro'vision for the execution of warrants of distress granted by magistrates;' May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same, That it shall and may be lawful for any two or more of his Majesty's justices of the peace assembled at any special or petty sessions of the peace, upon complaint being made upon oath before them, of any neglect of duty or Neglect of Du- of any disobedience of any lawful warrant or order of any justice or justy, and on Mas- tices of the peace by any constable overseer of the poor or other peace ters for ill Usage or parish officer, or upon complaint made to such two or more justices of pprentices. upon oath, by or on the behalf of any apprentice to any trade or business whatsoever, whether bound apprentice by any parish or township or otherwise, provided that not more than the sum of ten pounds be paid upon the binding of such apprentice, against his or her master or mistress of any ill usage of such apprentice by such master or mistress (such constable overseer or other officer master or mistress having been duly summoned to appear and answer such charge or complaint,) to impose upon conviction any reasonable fine or fines not exceeding the sum of forty shillings, upon such constable overseer or other officer master or mistress respectively, as a punishment for such disobedience neglect of duty or ill usage, and by warrant under the hands and seals of any two or more of such justices assembled at any such special or petty sessions as aforesaid, to direct such fine or fines if not paid to be levied by distress and sale of the goods and chattels of the person or persons so offending, rendering the overplus (if any) after deducting the amount of such fine or fines and the charges of such distress and sale to such offender or Application of offenders; and such fine or fines which may be imposed upon any such Fines. constable overseer or other officer as aforesaid, shall be applied and disposed of for the relief of the poor of the parish township or place where the offenders shall respectively reside, at the discretion of the justices imposing the same, and such fine or fines which may be imposed upon any such master or mistress shall at the discretion of the justices imposing the same be either so applied and disposed of as aforesaid, or be otherwise paid and applied to or for the use and benefit of such apprentice for or towards a recompence or compensation for the injury which may have been by him or her sustained by reason of such ill usage as aforesaid; and if any person shall be aggrieved by the imposition of such grieved may ap- fine or fines as aforesaid, or by any order or warrant of distress for raising peal to the and levying the same, or by the judgment or determination of the said justices, or by any Act to be done in the execution of such warrant of distress, such person or persons so aggrieved shall and may appeal to the next general or quarter sessions of the peace to be held for the county riding or division within which such person shall reside, of which appeal ten days' notice at the least shall be given; and for want of such distress, such person or persons shall be committed to the House of Correction for any space of time not exceeding ten days.

Persons ag

Quarter Sessions.

For want of
Distress, Of-

fenders may
committed.

be

No Persons to be deemed Trespassers on Account of Irregularity in Proceedings, &c.

Where Dis

tress cannot be

found in the Ju

risdiction of

Justices grant ing Warrants, it

may be levied in any other Place.

II. Provided always and be it further enacted, That no person acting under any such warrant of distress as aforesaid, shall be deemed a trespasser ab initio, by reason of any irregularity or informality in such warrant or in any proceedings thereon, but any person aggrieved by the issuing or execution of such warrant, may recover the special damages thereby by him or her sustained in an action of trespass, or on the case in any of his Majesty's Courts of Record.

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III. And whereas warrants of distress granted by justices of the peace are in many instances ineffectual, by reason of the goods and chattels of the persons against whom such warrants are granted being out of the jurisdiction of the justice granting the same:' Be it therefore further enacted, That in all cases where any penalty forfeiture fine or other money may by the warrant of any justice or justices of the peace be directed to be levied by distress and sale of the goods and chattels of any person or persons if sufficient distress cannot be found within the

No. XI.

c. 55.

limits of the jurisdiction of the justice granting such warrant of distress on oath thereof made by one witness before any justice of the peace of 33 Geo. III. any other county riding division city borough town corporate or place (which oath shall be by him certified by indorsement on such warrant) such penalty forfeiture fine or other money or so much thereof as may not have been before levied or paid shall and may by virtue of such warrant and indorsement be raised and levied by the person or persons to whom such warrant of distress shall have been originally directed, by distress and sale of the goods and chattels of such person or persons in such other county riding division city borough town corporate or place, and the money arising by such distress and sale shall be applied and disposed of for such purposes and in like manner as if sufficient goods and chattels of such person or persons had been found within the jurisdiction of the magistrate originally granting such warrant; and if no such distress can be found such offender or offenders shall and may be forthwith pro- their Jurisdicceeded against according to law: Provided always that no justice who tions, not to be shall indorse any certificate upon or authorise the execution of any such answerable for warrant of distress which may not have been granted within his juris- any Irregularity diction, shall be answerable or accountable for any irregularity which in obtaining may have been committed or done in or about the obtaining or granting them. of such warrant of distress.

[ No. 12. ] 42 George III. c. 46.-An Act to require Overseers and Guardians of the Poor to keep a Register of the several Children who shall be bound or assigned by them as Apprentices; and to extend the Provisions

Justices authorizing the Execution of

Warrants not granted within

of an Act passed in the Twentieth Year of the Reign of [20 G.3.c.36.] his present Majesty, to the binding of Apprentices by Houses of Industry, or Establishments for the Poor, which have been authorized so to do, by subsequent Acts.-[7th May 1802].

c. 46.

WHEREAS by an Act passed in the forty-third year of the reign of 42 Geo. III. Queen Elizabeth, intituled An Act for the Relief of the Poor, the overseers of the poor of every parish are enabled to bind out any poor 43 Eliz. c. 2, ' children as apprentices, until every such poor male child shall attain the age of twenty-four years, and until every such female child shall attain the age of twenty-one years or the time of her marriage; and whereas it would tend to the benefit of the children so bound as apprentices, if the overseers of the poor were required to keep a register of all children 'who shall be so bound;' may it therefore please you Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same, That the overseers of the poor of every parish Overseers of township or place appointed by virtue of the said recited Act, passed in the Poor shall the forty-third year of the reign of Queen Elizabeth, shall from and after keep a Book the first day of June, and they are hereby required to provide and keep a Name of every for entering the book or books at the expence of the said parish township or place, and Apprentice to enter or cause to be entered therein the name of every child who shall bound out by be bound out by them respectively as an apprentice, together with the them, and each several other particulars in manner and form required by this Act ac- Entry shall be cording to the schedule hereunto annexed; and every such entry when signed by two made in the said register shall be produced and laid before the two Justices, acjustices of the peace who shall signify their assent to the indenture of cording to the apprenticeship of every such child, at the time when such indenture shall Form in the be laid before such justices for their assent as required by the said re- Schedule. cited Act; and each entry in the said register shall if approved of by such justices, be signed by them according to the form marked in the schedule hereunto annexed.

No. XII.

c. 46.

Penalty for
not providing
such Book, or
neglecting to
make such En-
tries therein,
&c. not exceed
ing 51. leviable
by Distress, &c.

II. And be it further enacted, That if any overscer or overseers of the 42 Geo. III. poor shall refuse or neglect to provide and keep such book or books or to make such entry therein as before directed, or shall destroy or permit suffer or cause to be destroyed any such book or books, or shall wilfully and knowingly obliterate deface or alter any such entry so that the same shall not be a true entry of the several particulars hereby required, or shall wilfully and knowingly make a false entry therein or shall so permit suffer or cause the same to be done, or shall not produce or lay such book or books before such justices as aforesaid for their signatures, or shall not deliver or tender or cause to be delivered or tendered such book or books to his her or their successor or successors in office within fourteen days after the appointment of such successor or successors, or if any successor or successors shall refuse or neglect to receive the same when offered or tendered to him or them by his or their predecessor or predecessors in office, then and in every such case every such person so offending shall for every such offence, on being convicted thereof before any two justices of the peace for the county city or place where the offence shall be committed, on the oath of any credible witness (which oath such justices are hereby empowered and required to administer,) or on the voluntary confession of the party or parties, forfeit and pay a sum not exceeding five pounds, to be recovered by distress and sale of the goods and chattels of the offender or offenders by warrant under the hands and seals of the justices before whom the offender or offenders shall be convicted, and the overplus (if any) of the money arising by such distress and sale shall be returned upon demand to the owner or owners of such goods and chattels after deducting the costs and charges of making keeping and selling such distress; and such penalties and forfeitures shall be applied for the use of the poor of the parish township or place for which such offender or offenders shall be overseer or overseers; and in case sufficient distress cannot be found or such penalties and forfeitures shall not be paid forthwith, it shall and may be lawful to and for such justices by warrant under their hands and seals and they are hereby required to commit every such offender to the common gaol or house of correction of the county city or place where the offence shall be committed, there to remain without bail or mainprize for any time not exceeding one calendar month unless such penalties and forfeitures shall be sooner paid and satisfied.

Books may be inspected, and shall be deemed Evidence.

Form of Conviction.

When Appren

III. And be it further enacted, That it shall and may be lawful for any person or persons at all seasonable hours to inspect such book or books in the hands of the said overseer or overseers, and to take a copy of such entry in such book or books upon payment of the sum of sixpence, except in case of any of his Majesty's justices of the peace acting in and for the said county who shall be entitled at all such times to inspect such book gratis; and every such book shall be and be deemed to be sufficient、 evidence in all courts of law whatsoever in proof of the existence of such indentures, and also of the several particulars specified in the said register respecting such indentures, in case it shall be proved to the satisfaction of such court that the said indentures are lost or have been destroyed. IV. And be it further enacted, That the justices of the peace before whom any person shall be convicted by virtue of this Act shall and may cause the conviction to be drawn up in following form ; (videlicet), 'BE it Remembered, That on the

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in the year of our Lord,

day of

A. B. is convicted before us two of his Majesty's Justices of the Peace for the [specifying the Offence and the Time and • Place when and where committed, as the case may be] contrary to an Act 'made in the Forty-second year of the reign of King George the Third, 'intituled [here set forth the Title of this Act.] Given under our hands and seals the day and year above mentioned.'

V. And be it further enacted, That whenever any such apprentice shall be assigned or bound over to any other master or mistress by virtue assigned under 32 G. 3. c. 57. a like Entry thereof shall be made in the said Book,

tices shall be

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