charge the parish of the keeping of the bastard, she cannot be punished by this statute, but by that of 18 Eliz. c. 3.” (1)

victed.

It was also held upon 7 Jac. I c..4. that the mother of a Under 7 Jac.1. bastard child should not be punished upon that statute, as for fence is that her second offence, unless she has been before questioned of which she and punished for her first offence. She might have been is first conpunished for her first offence, either by the statute 18 Eliz. c. 3., or 7 Jac. I. c. 4.; but is not to be punished by the 7 Jac. I. c.4. s. 7. as for her second offence, unless she has been before punished for her first; but this second offence shall be now taken and deemed as her first offence, and so is to be punished for the same, according to law. (2)

It had likewise been resolved by the whole court, that in cases of bastardy "the justices have not authority to commit the woman to prison for life, for the first offence." (3)

c.51.

But 50 Geo. 3. c. 51. sect. 1. repeals so much of 7 Jac. 1. 50 Geo.III. as relates to the commitment of women to the house of correction, there to be punished and set on work for having bastards who may be chargeable to the parish.

Sect. 2. empowers any two justices before whom the woman be brought to commit her to the house of correction for the district or place (4), there to be set at work for any time not exceeding twelve calendar months, nor less than six weeks.

Sect. 3. enables any two justices, at any petty session for the division in which the parish to which the bastard may

(1) 2 Inst. 733. and that the parents are not punishable under 18 Eliz. unless the child be chargeable to the parish. Lightfoot v. Pigot, 1 Roll Abr. 37. Pl. 12. Winter v. Barnard, ibid. Macksey v. Mazey, Comb. 434. Per Lord Mansfield, Rex. v. Westmeon, ante, 336. (1), and see Crompt. 196. s.8. Dalt. c.11.

(2) 1 Bulst. 348.

(3) Slater's case, Cro. Car. 471.

(4) Ib. Ut videtur, within which the parish is situate. See sect. 3.

be chargeable is situate, upon their own knowledge, or certificate duly authenticated from the keeper of the house of correction, in which the woman shall have been confined not less than six weeks, of her good behaviour during her confinement, and the reasonable expectation of her reformation, by warrant under their hands and seals, to order her immediately, or at the time to be appointed in such warrant, to be released from further confinement.

Sect. 4. prohibits her commitment until she has been delivered for one calendar month.

CHAP. XXXIII.

Of Parish Apprentices.

MUCH of the law respecting apprentices has been discussed when treating of settlements gained in that capacity. (1)

apprentices.

The remaining question respects the binding out appren- Statutes retices by the parish, as the means of providing for their specting parish education and maintenance. It is regulated by 43 Eliz. c. 2. s.1.5. 8&9W.3. c. 30. s. 5. 18 Geo. III. c. 47. 20 Geo. III. c.36. 32 Geo. III. c. 57. c. 80. 54 Geo. III. c. 107.

42 Geo. III. c. 46. 56 Geo. III. c. 139.

51 Geo. III.

SECT. I.

Of the Power to put out Apprentices; who may be compelled to serve, and whom.

Ir is in the discretion of the churchwardens and overseers (as appears by the preamble 43 Eliz.) to select for this purpose such children as they shall think their parents are unable to maintain. (2)

1. Of the condition of

those who are

to be bound.

Churchwardens to select.

(1) Ante, Vol. I. chap.xxi.; and particularly as to the binding of parish apprentices see ante, ibid.

(2) Per Holt C. J., Rex v. Crosse, Comb. 289. 1 Bott, 608. Pl. 842. In answer to an objection to an indictment for refusing an apprentice, "That it was not averred that the parents were not able to maintain the child."

Justices to consent.

Apprentices' age, immaterial.

Condition of the master.

But this must be with the consent of two or more justices, in whom the statute vests the power to make an order. (1)

age

Formerly the age of the apprentice was of no importance. No is mentioned in the 43 Eliz. c. 2., or in the 8 & 9.W. III. c. 30. which gives the appeal, and compels the master to receive the apprentice. The statute 5 Eliz. c. 2., mentions ten years of age; but that respects apprentices in husbandry, which may require greater bodily strength than most other occupations, such as a female child bound to housewifery; and the statute 5 Eliz. c.2. cannot be connected with 43 Eliz. c. 2., which is for the sustenance of the poor. In other instances the legislature had not considered seven as too tender an age. The children of vagrants might at that age be bound out; and the strength and ability of children, which, from seven years age to ten, must vary greatly in point of fitness in this respect, is matter of consideration and discretion in the magistrates; and, independent of any statutable regulation, seven years is at common law the age of puberty. It was held, therefore, that a girl of eight years old might be bound out as an apprentice, to be brought up in housewifery, and that the master might be compelled to take her. (2)

of

But now by 59 Geo. III. c. 139. s.7. no child shall be bound out as a parish apprentice until it shall have attained the age of nine years.

So the condition of the master is immaterial. A female may be bound apprentice by the parish to a day labourer, to learn housewifery, and it will be good, unless it is found to be fraudulent. (3)

(1) Ib. and see ante, Vol. I. Rex v. Clapp, 3 Term Rep. 107. and 56 Geo.III. c.139.

(2) Rex v. Saltern, Cald. 444. And see ante.

(3) Rex v. St. Margaret's, Lincoln, Burr. S. C. 728.

SECT. II.

Who may be compelled to take an Apprentice.

43 Eliz. c.2.

1. All inhabitants occupiers of lands. 2. Occupiers residing out of

THE 43 Eliz. c. 2. s. 5. directs the parish officers to bind the children of poor persons "where they should see convenient." This has been held to give a power to bind them to all inhabitants, and also to all occupiers of lands within the parish, although residing out of it; for the general the parish proviso of the statute was to make a provision for the must take apprentices. maintenance of the poor, and the first clause in mentioning those who have to contribute to such maintenance, describes two sorts of persons, namely, inhabitants and occupiers of lands, &c. Amongst other provisions for the poor, the fifth section gives power to the parish officers, with the assent of the two magistrates, to bind poor children apprentices where they shall see convenient. It is true, indeed, But mere these words cannot be taken so generally as they purport, strangers not compellable to because they cannot compel mere strangers, who stand in take them. no relation to the parish, to take such an apprentice; but I think that the context of the statute furnishes the means of circumscribing the general extent of these words; and that context I took from the sixth clause, which imposes other burthens of the same nature on occupiers of lands, &c. as well as inhabitants. The general object of the act was to compel all those who had any property in the parish to contribute their due proportion towards the maintenance of the poor; and the receiving apprentices is one mode of contributing to their general relief. (1)

But it is said, that if this construction be put upon the statute the party may be doubly charged: in the parish in

(1) Per Lord Kenyon C. J., Rex v. Clapp, 3 Term Rep. 107. But Rex v. Clowerly, 1 Bott, 587. Pl. 786. is contra.