ib. 493; R. v. Newton, 3 Nev. & M. 306; 1 Ad. & E. 238. But otherwise it will be but an imperfect contract of apprenticeship so as to confer a settlement: R. v. Tipton (supra), R. v. Billinghay, 5 Ad. & E. 676. The mere fact of the contract speaking of the servant being "taught” or “instructed" in his work, will not constitute it a contract of apprenticeship, if in other respects it is essentially a contract of hiring: R. v. Northowram, 2 New Sess. Cas. 437; 10 Jur. 1003.

by statute.

The contract must not be one prohibited by statute; as Contract where a child under sixteen years of age is bound apprentice not to be to a chimney-sweep. Such a contract is void, and not prohibited merely voidable. See R. v. Hipswell, 8 B. & C. 466; R. v. Gravesend, 3 B. & Adol. 240. See 3 & 4 Vict. c. 85, s. 2; 27 & 28 Vict. c. 37; 38 & 39 Vict. c. 70, as to chimney sweepers. See post, p. 187.

No boy under the age of ten, or any girl, can be bound to work in collieries underground: 35 & 36 Vict. c. 76, s. 5; nor boy under twelve or girl of any age, in metalliferous mines underground: 35 & 36 Vict. c. 77, s. 4; and no child under nine years of age can be bound apprentice by the parish officers, nor the guardians of the union: 56 Geo. 3, c. 139, s. 7.

The settlement in a parish by apprenticeship is founded Parish apon 3 & 4 Will. & Mary, c. 11, s. 8, enacting that “if any prentice. person shall be bound an apprentice, and inhabit in any town or parish, such binding and inhabitation shall be adjudged a good settlement."

The inhabiting under the indenture must be for forty days in a parish: R. v. Flockton, 2 Q. B. 535; and is where the apprentice sleeps the last of the forty days in one parish: see St. John v. St. James, 1 Str. 594; R. v. Brighthelmston, 5 T. R. 188; and this although he does no service during the time: R. v. Charles, Burr. S. C. 707; R. v. Burton-uponIrwell, 32 L. J. M. C. 102. But the lodging must be for the purpose of the apprenticeship: R. v. Gwinnear, 1 A. & E. 152; R. v. Yorkshire, W. R. JJ., 2 Dowl. N. S. 707; and not only on account of illness: R. v. Bramby-in-the-Marsh, 7 East, 381; and see R. v. Stratford-upon-Avon, 11 East, 176. The forty days need not be consecutive: R. v. Gainsborough, Burr. S. C. 586; or within one year: R. v. Aldstone, 2 B. & Ad. 207.

Residence with the master in furtherance of the indenture (R. v. Burslem, 11 A. & E. 52; R. v. Foulness, 6 M. & Sel. 351) can raise no question. But if the apprentice is allowed

Service with

another master.

Where master dead,

or bankrupt.

Where premium

under £5,

to sleep in another parish as a matter of indulgence, no settlement is thereby gained: R. v. Ilkeston, 4 B. & C. 64. Where, however, the master and apprentice were both in the local militia at B. during the last forty days, the apprentice gained his settlement at B.: R. v. Chelmsford, 3 B. & Ald. 411. But where the apprentice is absent, the apprenticeship must be actively or constructively going on: R. v. Brotton, 4 B. & Ald. 84; R. v. Banbury, 3 B. & Ad. 706; R. v. Somerby, 9 A. & E. 310; R. v. Linkinhorne, 3 B. & Ad. 413.

The apprentice sleeping the last night of his apprenticeship in the place which may be considered as his ordinary lodging, the settlement will be there gained: R. v. Barton under Irwell, 32 L. J. M. C. 102; S. C. Barton v. Hulme, 3 B. & S. 662; 7 L. T. (N. S.) 853. See also R. v. Elswick, 30 L. J. M. C. 66; 24 J. P. 787; 3 L. T. (N. S.) 321.

Service of the apprentice with another with the master's assent, he receiving his earnings: R. v. St. George's, Hanover Square, Burr. S. C. 12; or, if with the master's consent, but without receiving the earnings: R. v. Barlestone, 5 B. & Ald. 780. But the service must be connected with the indentures: R. v. Ecclesfield, 6 M. & S. 174. Where there is no such consent, see R. v. St. Martin's, Exeter, 2 A. & E. 655 ; R. v. Holy Trinity, 3 T. R. 605; R. v. Ideford, Burr. S. C. 821; subsequent assent will not be sufficient: R. v. Whitchurch, 1 B. & C. 574.

Service under the personal representatives of the deceased master will be an effectual service under the indentures. R. v. Stockland, Cald. 60; 1 Doug. 70. See R. v. Chirk, Burr. S. C. 782. As to parish apprentices, see 32 Geo. 3, c. 57, ss. 2, 4; R. v. Sheepshead, 15 East, 59; R. v. Eakring, Burr. S. C. 321. In the case of the master's bankruptcy the apprentice may be discharged from his indentures by notice in writing to the trustee to that effect, 32 & 33 Vict. c. 71, s. 32. As to the former case, see R. v. Buckingham, 2 Ld. Raym. 1352; R. v. Langham, Cald. 126.

Where no premium, or a premium of less than £5, has been paid, the covenant for the maintenance of a parish apprentice is not in force for more than three months after the death of the master. 32 Geo. 3, c. 57, s. 1; 5 Vict. c. 7. The justices, by indorsement on the indentures, may order the master. the apprentice to serve the remainder of his term to either

or no pre

mium and death of

the widow, husband, son, daughter, brother, sister, executor or administrator of the deceased master making application for such purpose. 32 Geo. 3, c. 57, S. 2. See Cooper v. Simmons, 31 L. J. M. C. 138. As to the custom in London,

see R. v. Peck, 1 Salk. 66, 204; Pulling's Laws of London, 482, as to the death of the master dissolving the contract in an ordinary apprenticeship.

The apprentice may obtain his discharge on complaint to Discharge. two justices of "misusage, refusal of necessary provisions, cruelty, or other ill-treatment." 20 Geo. 2, c. 19, s. 3; 4 Geo. 4, c. 29, s. 1. And as to a parish apprentice removing out of the country, or forty miles from the parish in which he resides, see 56 Geo. 3, c. 139, s. 8.

Any person aggrieved by a determination of the justices Appeal. under 20 Geo. 2, c. 19, may appeal to the next general quarter sessions held for the jurisdiction in which the order complained of may be made, except it be an order of commitment, and which sessions will hear and determine the same, with power to award costs not exceeding forty shillings (sec. 5); see now Baines' Act, infra, "Appeal." By sec. 6, certiorari is taken away; but see the Sum. Juris. Act, 1879, s. 40, and tit. "Certiorari" infra.

ARBITRATION.

to arbitra

By 12 & 13 Vict. c. 45, s. 12, reciting 9 & 10 Will. 3, c. 15, Judge may and that it was expedient to facilitate and render more refer appeal effectual references to arbitration disputes for which the tion. remedy is by appeal to a court of general or quarter sessions of the peace, it is enacted "that at any time after notice given of appeal to any court of general or quarter sessions of the peace against any order, rate or other matter (except a summary conviction or an order in bastardy, or Exceptions. any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office), for which the remedy is by such appeal, it shall be lawful for the parties by themselves or their attornies, and by order of a judge of Her Majesty's Court of Queen's Bench, to submit the matter or matters of such appeal to the award or umpirage of any person or persons, and to agree that such submission should be made a rule of the said Court of Queen's Bench, and to insert such agreement in their submission or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of such person or per

sons, and thereupon such and the like proceedings in all respects shall and may be taken with regard to submissions under this Act, and to enforcing awards or umpirages thereupon, and to setting aside the same, as are authorized by the said Act of King William the Third with regard to the cases therein provided for; and every award or umpirage duly made under this Act shall be as binding and effectual to all intents as if the same had been a regular judgment of the said court of general or quarter sessions, and shall and may on the application of either party be enrolled among the records of the said court of sessions."

Sec. 13 enacts, "That it shall be lawful for any court of general or quarter sessions of the peace, before which any appeal (except against a summary conviction or an order in bastardy, or any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office) shall be brought to order, with consent of the parties or their attorneys, that the matter or matters of such appeal be referred to arbitration to such person or persons, and in such manner and on such terms as the said court shall think reasonable

and proper; and such order may be made a rule of the Court of Queen's Bench on the application of either party; and the award of the arbitrator or arbitrators, or umpirage of the umpire, may, on motion by either party at the sessions next or next but one after such award or umpirage shall have been finally made and published, or after the decision of the Court of Queen's Bench on any motion for setting aside the same, be entered as the judg ment of the court of general or quarter sessions in the appeal, and shall be as binding and effectual to all intents as if given by the said court: provided always, that the Court of Queen's Bench may, if it think fit, on application within the term next after the making and publication of such award or umpirage, either refer the case back again to the same arbitrator, arbitrators or umpire, or wholly set aside the award or umpirage already made, and may in the latter event order the court of general or quarter sessions to enter continuances and hear the appeal."

Sec. 14, "If upon any reference to arbitration under this Act it shall be made to appear to the Court of Queen's Bench that, either from the death of the arbitrator or arbitrators or umpire, or from any other cause, it has become impossible that an award or umpirage can be made, it shall be lawful for the said court to order the court of general

or quarter sessions of the peace to enter continuances, and hear the appeal."

By 12 & 13 Vict. c. 45, s. 15, the several provisions relating to arbitration contained in 3 & 4 Will. 4, c. 42, are "to be deemed and taken to be applicable to arbitrations under this Act; and in every such arbitration the arbitrator or arbitrators or umpire shall have the same powers of amendment which the court of general or quarter sessions of the peace would have had on the trial of the appeal."

By 12 & 13 Vict. c. 45, s. 16, “No recognizance entered into pursuant to any statute or statutes for the prosecution and trial of any appeal shall be deemed to be forfeited . . by any submission to arbitratlon under the provisions of this Act."

When the appeal is referred by the sessions for arbitration, they do not thereby part with their jurisdiction over the ultimate decision on the appeal: the reference is made in aid of their judgment: R. v. Limehouse, 19 Vin. Abr. 348; see tit. "Special Case," infra. The arbitrator cannot determine the validity of the rate; that is a matter of law for the sessions, or for consideration on a special case: see Thorpe v. Call, 1 M. & W. 531. The arbitrator may be empowered to state a case on a point of law: London Dock Co. v. St. Paul's, Shadwell, 32 L. J. Q. B. 30. He need not state his reasons: Jones v. Corry, 8 L., J. C. P. 89; Hodgkinson v. Fernie, 26 L. J. C. P. 217.

Where the award is made, the party taking it up is bound to produce it at the sessions for enrolment, and on refusal, the party will be compelled by mandamus to do so, as the sessions could not act, unless the original be produced: Lord v. Standish, referred to in Leem. and Cross Quar. Sess., p. 352, 2nd ed., as in M.S. (T. T. 1856), and mentioned as incorrectly reported, as by consent, in 27 L. T. R. 185. (Sir R. A. Cross was counsel in the case.)

The Sessions cannot alter the award; their only duty is ministerial to enter up the judgment, and no adjournments are requisite of the appeal, as any future sessions is bound to enter the award as their judgment. West London Railway Co. v. Fulham Union, L. R. 5 Q. B. 361 ; also eo nom. R. v. Middlesex, 40 L. J. M. C. 109.

In that case it was held that the arbitrator could not award costs unless that power was distinctly given to him. And where he has power to award costs he should himself ascertain the amount. Clerk v. Brinbrook, 20 L. T. R. 115.

The sessions at which the award is enrolled has no