33 Vict. c. 14; 33 & 34 Vict. c. 102.

(4) The date of the applicant's former naturalization [in 2nd case

only];

(5) [In the 3rd case only.] That the applicant was a natural-born
British subject by reason of having been born in British
territory, or by reason of his or her father or grandfather,
by the father's side, having been a British subject;

(6) [In the 3rd case only.] That the applicant became the subject
or citizen of a foreign state. The name of the foreign state
must be specified, and the mode in which the applicant
became an alien. If the applicant became an alien by
naturalization, the date of such naturalization must be
mentioned; or if the applicant be a widow who became an
alien by marriage with her late husband, the date and place
of such marriage, the name of her husband, and the foreign
state of which he was a subject, must be mentioned;
(7) That during the period of eight years preceding the applica-
tion, the applicant has for five years resided within the
United Kingdom (the place or places of such residence being
specified), or that during the same period of eight years he
has for five years been in the service of the crown (the post
in which he served being specified);

(8) That the applicant intends to reside in the United Kingdom,
or to serve under the crown:

4. The Home Secretary requires the applicant to verify these statements in his memorial by a declaration made before a magistrate or other person authorized to receive such declaration pursuant to 5 & 6 Will. 4. c. 62. They are to be further verified, and the respectability and loyalty of the applicant vouched for, by a declaration made in like manner by four householders who are natural-born British subjects, and neither of them the agent or solicitor of the memorialist. The declaration may be made by such declarants jointly or by each separately; but each of the declarants must, in his declaration, state, as to himself, the fact that he is a householder and a natural-born British subject, the place of his residence, and the period during which he has personally known the applicant:

5. After obtaining the Home Secretary's certificate, the oath of alle-
giance (given ante, p. 1322) is to be subscribed as well as taken, in
England before "any justice of the peace or any commissioner
authorized to administer oaths in chancery" [but see sect. 6 of 33
Vict. c. 14, ante, p. 1320, as to certain declarations to which this
regulation does not apply]:

6. The oath of allegiance may be proved in any legal proceeding by the
production of the original certificate, or of any copy thereof certi
fied to be a true copy by a principal or under secretary of state:
7. Every declaration, whether of alienage or British nationality, and
every certificate, whether of naturalization or of re-admission to
British nationality, and every oath of allegiance, is to be registered
in the Home Office, where certified copies of the same may be

obtained:

8. With the consent of the treasury, fees may be taken and applied as 33 Vict. c. 14;

33 & 34 Vict. c. 102.

Into H. M.'s exche

quer

as treasury

shall direct.

To the clerk of justice

or other person ad-
ministering oath.

To the clerk of jus-
tice.

}

0 10 0

H. M.'s exchequer.

For certified copy of any decla-
ration or certificate, with or
without oath ..

APPRENTICES. 8

I. As to Parish Apprentices.

II. As to Apprentices in general.

III. As to Disputes between Masters and Apprentices under “The
Employers and Workmen Act, 1875" (38 & 39 Vict. c. 90).

I. As to Parish Apprentices.

We can only here give the purport of the numerous statutes hereon, for to give even a short abstract of them would occupy a large number of pages, and for fuller information the reader is referred to 1 Burn's Justice, 29th ed. tit. "Apprentices."

Binding.] Inquiry and order of two justices for binding out apprentice (56 Geo. 3, c. 139, s. 1) in parishes not within an union.9 [Forms, Nos. 1, 2, p. 692, Oke's “ Formulist," 6th edit.] Two justices, where the binding parish is, to sign allowance of indenture (Id.), or where the child is to serve (56 Geo. 3, c. 139, s. 2). [Forms,

8 As to the trades and extent of justices' jurisdiction in these matters, see Note 16, Vol. I. p. 296.

9 In unions or parishes under guardians, the 7 & 8 Vict. c. 101, s. 12, requires the guardians to bind out apprentices without the interposition of justices. Vide Form of Indenture, No. 3, p. 693, Oke's "Formulist,' 6th ed., which is exempted from stamp duty by the Stamp Act, 1870, 33 & 34 Vict. c. 97 (schedule "Apprenticeship, Instrument of”).

4 Geo. 4, c. 34.

Nos. 4, 5, p. 697 (Id.)];—or in boroughs, &c. by a justice of the borough, &c., and one of the county (3 & 4 Will. 4, c. 63, s. 3);— or in the metropolitan police district by a single police magistrate (2 & 3 Vict. c. 71, s. 14; Reg. v. St. George, Bloomsbury, 20 L. J. (N. S.) M. C. 200). Similar provisions are in the Merchant Shipping Act, 17 & 18 Vict. c. 104, ss. 141–145, 519, as to apprenticeships in the sea service.

Master removing or dying.] Two justices, on the master removing, may make order for continuing, assigning or discharging apprentice (56 Geo. 3, c. 139, s. 8);—or in case of the master dying, for apprentice continuing with widow, &c. (32 Geo. 3, c. 57, s. 2). [Forms, Nos. 6-9, pp. 698, 699, Oke's “Formulist," 6th edit.]

Assignment.] Two justices to give their written consent to assignment of apprentice to another master (32 Geo. 3, c. 57, s. 7). [Forms, Nos. 10, 11, p. 699, Oke's "Formulist," 6th edit.]

Enforcing Covenant for Maintenance.] Master, or executors of master, neglecting to maintain and provide for apprentice according to covenant for that purpose in the indenture, two justices where the apprentice belongs, on complaint of apprentice or overseers, may issue distress warrant on personal effects of such master for the sum necessary for the maintenance of the apprentice (32 Geo. 3, c. 57, ss. 6, 9; and see 7 & 8 Vict. c. 101, s. 12, Offences 5, 6, Vol. I. p. 300, for penalty on master neglecting to perform conditions in indenture made by guardians). [Forms, Nos. 12-15, pp. 699, 700, Oke's "Formulist," 6th edit.]

Master becoming Insolvent or Bankrupt.] Two justices, on application of master, may inquire into the matter and discharge the apprentice if not more than £5 given as premium (32 Geo. 3, c. 37, ss. 8, 9). [Forms, Nos. 11, 12, p. 699, Oke's “Formulist,” 6th ed.] On the master's bankruptcy the apprentice is discharged from the indenture (see 32 & 33 Vict. c. 71, s. 33).

II. As to Apprentices in general.10

Recovery of Wages.] Not exceeding £10, recovered before one or more justice or justices where apprentice employed (s. 2). The Master and Servant Act, 1867 (30 & 31 Vict. c. 141, continued in force till 20th August, 1872, by 34 & 35 Vict. c. 95), which applies to offences by apprentices, does not affect the earlier enactments as to the recovery of their wages, which are still in force. These wages may be enforced notwithstanding the term of apprenticeship had expired, and was determined before the making of the complaint (Reg. v. Proud, 36 L. J. (N. S.) M. C. 62; 16 Law T., N. S. 364). The provisions of 11 & 12 Vict. c. 43, as to the process to be issued

10 Vide Form of usual Indenture of Apprenticeship, No. 16, pp. 700, 701, Oke's" Formulist," 6th ed.

to the master or mistress on complaints (Vol. I. p. 152, where an 4 Geo. 4, c. 34. order follows the adjudication, will be applicable here. The agent or foreman, if the master resides at a considerable distance, &c., may be summoned and the amount levied on the goods of the master (s. 4). In default of distress, imprisonment for not exceeding three calendar months, unless the amount, costs of obtaining the order, of distress and conveyance to gaol, be sooner paid (11 & 12 Vict. c. 43, s. 32). If the master is bankrupt, see 32 & 33 Vict. c. 71, &. 33. [Forms, Nos. 19-22, pp. 702, 703, Oke's "Formulist." 6th ed.]

Apprentices enlisting into Army or Marines and claimed by Master.] See 34 Vict. c. 9, ss. 57, 58; 34 Vict. c. 10, ss. 68, 69, 70. [Forms, Nos 17, 18, Oke's" Formulist," 6th ed. p. 702.

III. As to disputes between Masters and Apprentices under “The
Employers and Workmen Act, 1875" (38 & 39 Vict. c. 90).

The above statute confers additional powers upon justices to deter- 38 & 39 Vict. mine disputes between masters and apprentices, the 5th section c. 90. enacting, that "Any dispute between an apprentice to whom this act applies and his master, arising out of or incidental to their relation as such (which dispute is hereinafter referred to as a dispute under this act), may be heard and determined by a court of summary jurisdiction."

To what Apprentices the Act applies.] The 12th section enacts, that "This act in so far as it relates to apprentices shall apply only to an apprentice to the business of a workman as defined by this act upon whose binding either no premium is paid, or the premium (if any) paid does not exceed £25, and to an apprentice bound under the provisions of the acts relating to the relief of the poor."

The words in the above section," shall apply only to an apprentice to the business of a workman as defined by this act," are somewhat ambiguous. The word "workman," as defined by the 10th section, "does not include a domestic or menial servant, but save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman artificer, handicraftsman, miner or otherwise engaged in manual labour, whether under the age of twenty-one years or above that age, has entered into or works under a contract with an employer, whether the contract be made before or after the passing of this act, be expressed or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour."

The definition is hardly satisfactory as applicable to an apprentice, and adopting the view of Mr. Davis in his "Labour Laws," it is probable that the words "the business of a workman as defined by this act" mean "the business of an employer of a workman within the meaning of the act."

38 & 39 Vict. c. 90.

Powers of Justices in respect of Apprentices.] The 6th section enacts, that "In a proceeding before a court of summary jurisdiction in relation to a dispute under this act between a master and an apprentice, the court shall have the same powers as if the dispute were between an employer and a workman, and the master were the employer and the apprentice the workman, and the instrument of apprenticeship a contract between an employer and a workman, and shall also have the following powers:

(1.) It may make an order directing the apprentice to perform his duties under the apprenticeship; and

(2.) If it rescinds the instrument of apprenticeship it may, if it

thinks it just so to do, order the whole or any part of the premium paid on the binding of the apprentice to be repaid.

Where an order is made directing an apprentice to perform his duties under the apprenticeship, the court may, from time to time, if satisfied after the expiration of not less than one month from the date of the order that the apprentice has failed to comply therewith, order him to be imprisoned for a period not exceeding fourteen days."

Order against Surety of Apprentice and power to Friend of Apprentice to give Security.] The 7th section enacts, that "In a proceeding before a court of summary jurisdiction in relation to a dispute under this act between a master and an apprentice, if there is any person liable, under the instrument of apprenticeship, for the good conduct of the apprentice, that person may, if the court so direct, be summoned in like manner as if he were the defendant in such proceeding to attend on the hearing of the proceeding, and the court may, in addition to or in substitution for any order which the court is authorized to make against the apprentice, order the person so summoned to pay damages for any breach of the contract of apprenticeship to an amount not exceeding the limit (if any) to which he is liable under the instrument of apprenticeship. The court may, if the person so summoned, or any other person, is willing to give security to the satisfaction of the court for the performance by the apprentice of his contract of apprenticeship accept such security instead of or in mitigation of any punishment which it is authorized to inflict upon the apprentice."

[See the Forms under the act, Oke's "Formulist," 6th ed. Nos. 11-17, pp. 771, 774.

60 Geo. 3, c. 1.

ARMS.

Training to the use of.] Two justices may authorize persons being drilled or trained (see s. 1, 5 Burn's Jus. 29th ed. p. 758).