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10l. penalty for not receiving an apprentice under 8 & 9 W.III. c. 30.

The 8&9 W. III. c. 30. enacts, that if the master does not receive and provide for the apprentice, or refuses to execute the other part of the indentures, he shall forfeit for every such offence 10l. to be levied by distress and sale, for the use of the poor where such offence was committed. (1) But it seems further, that an indictment will lie Indictment for disobedience, either in case of not receiving, turning off, or not providing for such apprentices as the law requires to be received. (2)

lies.

ing within
45 Eliz. c. 2.

But to render the indictment good, the binding must Where bindappear to be within 43 Eliz. c. 2. (3), and the sessions have no original jurisdiction to put out an apprentice, but only by way of appeal. (4)

SECT. IV.

Of the Party's Redress against an Order to take an Ap

prentice, &c.

THE 8&9 W. III. c. 30. gives a power of appeal to the Appeal under next general quarter sessions, whose order shall be final 8&9 W.III and conclusive upon all parties. (5)

death, &c. to whom the apprentice is assigned. But by sect. 4. if the justices shall not in either case, think fit that the apprenticeship should be continued, it is thereby determined. For the remaining provisions of this statute, see the act itself in Vol. III.

(1) If the occupier of lands in A. resides in B., and upon application to him in B. refuse to receive an apprentice from A., quære, whether the poor of A. or of B. are to have the penalty?

(2) Reg. v. Gould, 1 Salk. 381. In Rex v. Trevilian, the court said they would not meddle with the general question, whether an indictment would lie for refusing to take an apprentice or not. 2 Str. 1268. But see Rex v. Gillifer, ante, 344. (5), and the cases cited, ib. and Rex v. Robinson, 2 Burr. 769.

(3) Rex v. Trevilian, 2 Str. 1268.

(4) Rex v. Fairfax, as reported, Comb. 164. 1 Show. 76.

(5) See Lord Kenyon's opinion, Rex v. Clapp, 5 Term Rep. 107.

c. 30.

Questions discussable on

appeal.

Sessions may determine, that a mer

chant is unfit

to take apprentice.

Party when concluded from appeal.

Sessions state case. Order removable into K.B.

Order 'directing master to give two suits of clothes, &c. ill.

As to the merits of the case; the child's fitness or unfitness to be bound (1), or of the party to receive an apprentice, are matters of fact upon which the justices are to decide according to discretion.

Two justices bound a poor girl apprentice to a merchant. The sessions discharged the order, because they thought it unfit to compel a merchant to take an apprentice. Their order was affirmed, because 8&9 W. III. c. 30. having given an appeal in this case to the sessions, it is in the discretion of the justices there to determine, whether it was or was not fitting to force an apprentice upon any one. (2)

But a party may debar himself from this right to appeal. Thus, if he execute the counterpart of the indenture, he is thereby concluded from appealing against it. (3)

If the sessions entertain a doubt, they may state a case for the opinion of the court of King's Bench (4); or, if any illegality appear on the face of the order, the party may remove it into that court to be quashed for the defect.

The overseers of a parish, with the assent of two justices bound a poor child to an attorney, who appealed to The sessions ordered him to seal the counthe sessions. terpart of the indenture, which he refused, and removed it (5) by certiorari into the King's Bench. It was moved to quash the order; because, in the close of the indenture, it is said, that the master, at the end of the term shall give his apprentice two suits of clothes; one for holidays,

(1) Rex v. Saltern, Cald. 444. ante, 340. (2).

(2) Minchamp's case, 2 Salk. 491. See also Rex v. Saltern, supra, (1). (3) Rex v. Saltern, supra, (1).

(4) Ibid.

(5) i. e. the order.

and the other for working days, which, upon debate, the court held to be ill, and quashed the order. For the justice cannot order him wages during the term of his apprenticeship, they must only order him maintenance as an apprentice, and cannot order him any thing after the term is ended. (1)

(1) Rex v. Wagstaff, Fol. 225. See some exceptions, where parish apprentices are discharged by a justice's order, 32 Geo. III. c.57. s. 11. Vol. III.

352

Officers must relieve without order.

But may be compelled.

CHAP. XXXIV.

Concerning relieving and ordering the Poor.

THE objects of parish relief are either settled poor, or casual poor. They are relievable, 1st, at their own houses; 2d, in workhouses; 3d, in parishes incorporated under general statutes or some special act of parliament; 4th, as lunatic poor; 5th, in gaols; and 6thly, as the families of militia men. The regulations respecting these different modes of affording relief are contained in various acts of parliament, the substance of which will be set forth shortly in the following sections.

It may be generally observed that parish officers are under a legal obligation to relieve and support their poor in the manner pointed out by these statutes without an order obtained for this purpose. (1) But a discretion as to the mode of relief is taken away from them in some instances and reposed in the justices, who are empowered to make an order to compel them (2), as they may in all cases within their jurisdiction where the officers have improperly refused to relieve.

Poor to be set to work.

SECT. I.

Concerning relieving the Poor at their own Houses, and herein of the Authority of Justices to order Relief, of the Form of the Order, and of Select Vestries.

By the 43 Eliz. c. 2. s. 1. the churchwardens and overseers, or the greater part of them, shall take order from

(1) Hays v. Bryant, 1 H. Black, 253. ante. 335. (2).
(2) 36 Geo. III.

time to time, by and with the consent of two or more justices of the county, for setting to work the children of all such whose parents shall not by the said churchwardens, &c. be thought able to keep and maintain their children; and also for setting to work all such persons, married or unmarried, having no means to maintain them, and using no ordinary and daily trade to get their living by. And also to raise by taxation, weekly or otherwise, a convenient stock to set the poor to work (1); and also competent sums towards the necessary relief of the lame, impotent, old, blind, and such other among them being poor and not able to work; and also to put out children apprentices.

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By sect. 4. the justices are to send to the house of Those who correction or common gaol such as shall not employ them- refuse to work to be punished. selves to work, being appointed thereunto.

The 3 Car. I. c. 4. s. 20. authorises the churchwardens and overseers, by the consent of two or more justices, to set up any trade for setting the poor to work.

Trades set up for the poor.

employing the

By stat. 59 Geo. III. c. 12. s. 12. reciting that, by 43 Eliz. Land to be provided for c. 2., the churchwardens" and overseers are directed to set to work certain persons therein described, and that poor. by the laws now in force sufficient powers are not given to the churchwardens and overseers to enable them to keep

(1) On an appeal against the allowance of overseers' accounts, a very important question was raised for the opinion of the court of K. B., namely, whether the overseers of the poor are justified in giving pecuniary relief to the able-bodied poor when out of employment, without setting them to work. The case was fully argued, but as it did not appear whether the overseers could or could not provide work for the unemployed poor, nor what endeavours they had made to attain that object, the court merely suggested that it was undoubtedly the primary duty of the overseers to find employment for the poor, if possible, and the case was sent back to sessions to find whether any, and if any, what endeavours had been made to procure employment for the able-bodied poor out of employment. Rex v. Collett, 2 B, & C. 324.

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