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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)

The remaining question respects the binding out appren- Statutes retices by the parish, as the means of providing for their specting parish

apprentices. 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. 42 Geo. III. c. 46. 51 Geo. III. C.80. 54 Geo. III. c. 107. 56 Geo. III. c. 139.

Sect. I.

Of the Power to put out Apprentices; who may be compelled

to serve, and whom.

It is in the discretion of the churchwardens and over- 1. Of the seers (as appears by the preamble 43 Eliz.) to select for condition of

those who are purpose such children as they shall think their parents to be bound. are unable to maintain. (2)

Churchwardens to select,

this

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

(2) Per Holt C.J., Rex o. Crosse, Comb. 289. i 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.

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

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ance.

a female

Formerly the age of the apprentice was of no import-
No
age

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 appren-
tices in husbandry, which may require greater bodily
strength than most other occupations, such as
child bound to housewifery; and the statute 5 Eliz. c.2.
cannot be connected with 43 Eliz, c. 2., which is for the sus-
tenance of the poor. In other instances the legislature
had not considered seven as too tender an age. The chil-
dren of vagrants might at that age be bound out; and the
strength and ability of children, which, from seven years of
age to ten, must vary greatly in point of fitness in this re-
spect, is matter of consideration and discretion in the ms-
gistrates; 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)

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.

Condition of the master.

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. 30d 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.

THE 43 Eliz. c. 2. s.5. directs the parish officers to bind 43 Eliz. c.2. the children of poor persons “where they should see con

1. All inhabitvenient.” This has been held to give a power to bind them of lands.

ants occupiers to all inhabitants, and also to all occupiers of lands within 2. Occupiers

residing out of 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 maintenance of the poor, and the first clause in mention- apprentices. ing 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 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, i Bott, 587. Pl. 786. is contra.

which he lives, in respect of his inhabitancy; in that in which he has lands, in respect of his occupation of them. But if he find himself aggrieved, he may appeal to the sessions, and we must take it for granted that the justices will do what is right. They are to adapt the charge to the size of the property that the person possesses, and these are incidental charges which fall on him in respect of that property. (1)

So of appren

The law is the same as to apprentices bound according to tices put out the 20 Geo. III. c. 36., which passed for obviating doubts by incorporated districts. touching the binding and receiving of poor children ap

prentices, in pursuance of acts made for relief of the poor, within incorporated hundreds or districts. It enacts that “ nothing in the act shall be construed to compel any person to take any such poor child apprentice, unless such person shall be an inhabitant, and occupier of lands, fc. ix the parish to which said child belongs." But the use of the words, inhabitants and occupiers, does not extend the meaning more than if the term, inhabitants, which occurs in 43 Eliz. c. 3., had been only employed. (2) “ The word has been held not to be confined to resiants. And Lorů Coke, in his reading on the 22 Hen. VIII. c.5. relative to the repairing of bridges by the inhabitants of counties, says, that the word, inhabitants, includes those who occupy lands in the county, though they do not reside there. For some purposes, inhabitants and occupiers are synonimous terms. Where a person derives a benefit from property, which he occupies in a parish, he is liable to contribute to the ease of it." (3)

3. Joint occu- And a person is equally liable where he resides out of piers, whether residing within the parish, and occupies premises within it jointly with or without the others who dwell there, and have apprentices bound to verally liable. them. B. was a partner with eleven others, in a manu

(1) Eod. Jud., ibid.
(2) Rex v. Tunstead and Happing, 3 Term Rep. 523.
(3) Per Lord Kenyon C. J., ibid.

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