seals this day of in the year of our Lord, Also, as has already been noticed, ante, p. 82, if the poor law commissioners make any rules or orders upon the subject of binding parish apprentices, the justices having first ascertained that such rules or orders have been complied with, shall certify the same at the foot of the indenture. 4 & 5 W. 4, c. 76, s. 61.

The above is the mode of allowance, where the child is bound to a master in the same county in which the binding parish is situate. But by stat. 59 G. 3, c. 139, s. 2, in all cases where the residence or establishment of business of the intended master shall be within a different county or jurisdiction of the peace from that in which the binding parish is situate, or wherein the justices of the latter county, &c. have not jurisdiction, the indenture must be allowed, not only by two justices of the county or district in which the binding parish is situate, but also by two justices of the county or district within which the child shall be intended to serve, such last-mentioned justices not being engaged in the same business, employment, or manufacture as the intended master. Or, if allowed by two justices, acting as well for the county or district in which the binding parish is situate, as for that in which the child is in tended to serve, it will be sufficient. 3 & 4 W. 4, c. 63, s. 1. Where the justices of the county in which the child was intended to serve, refused to allow it, because the master might have an apprentice from among the poor boys of his own parish, which would suit him better, an application was made to the court for a mandamus, on the ground that the justices could only enquire into the fitness of the master, and not into the propriety of the binding in other respects; but the court held that the justices had a general discretion given them by this statute to consider the propriety of the binding; and as they had exercised it, the court would not interfere. R. v. Mills et al. 2 B. & Ad. 578.

Also, by stat. 59 G. 3 c. 139, s. 2, notice shall be given to the overseers of the poor of the parish or place in which such child shall be intended to serve an apprenticeship, before any justice of the peace for the county or district, within which such parish or place shall be, shall allow such indenture; and such notice shall be proved, before such justice shall sign such indenture, unless one of such overseers shall attend such justice and admit such notice. And this has been holden to extend, not only to cases where a child is apprenticed into a different county or jurisdiction from that in which the binding parish is situate, but to all cases of a binding out of the parish or township; and therefore if a child be bound as a parish apprentice by the parish or township of A., to a master in the parish or township of B., a previous notice must be given to

the overseers of B., although A. & B. be within the same county, and the same justices have jurisdiction in both. R. v. Threlkeld, 4 B. & Ad. 229.

The allowance by the two justices of the county in which the child is to serve, is in the same form as that by the justices of the county in which the binding parish is situate, as given ante, p. 83, except that in this case and indeed in all where previous notice to the overseer is requisite, it is usual, after stating the consent, to allege the notice, thus: "it having been proved upon oath before us [or admitted before us by the overseers of the said parish of B.] that due notice in writing has been given by the overseers of the poor of the parish of A. to the overseers of the poor of the parish of B. of such binding being intended;" and we sign and seal, &c.

Allowance, in what cases, where the parish is not party to the indenture.] By the same statute (56 G. 3, c. 139, s. 11,) after reciting that the salutary provisions of stat. 43 El. c. 2, are frequently evaded in the binding out of poor children, and the premium of apprenticeship or a part thereof is clandestinely provided by parish officers, who are thus enabled to bind out such poor children without the sanction of justices of the peace, it is enacted that "no indenture of apprenticeship, by reason of which any expense whatever shall at any time be incurred by the public parochial funds, shall be valid and effectual, unless approved of by two justices of the peace, under their hands and seals, according to the provisions of the said Act and of this Act." The allowance in this case must be under seal, or the indenture will be void; R. v. Stoke Damarel, 7 B. & C. 563; but the allowance under the first sec. tion of the statute, ante, p. 83, need not be under seal, R. v. St. Paul, Exeter, 10 B. & C. 12, although in practice it is so, and it may be prudent to continue that practice.

The "public parochial funds" mentioned in the above section, mean either funds contributed by the parishioners generally, or funds applicable to the general purposes of the relief of the poor, and not funds contributed by individuals for a specific purpose, such as a devise of lands or bequest of money, for the purpose of putting out poor children apprentice or the like. R. v. Halesworth, 3 B. & Ad. 717, and see R. v. St. Peter's, Hereford, 1 B. & Ad. 960. And even where in such a case, the overseers also furnished the boy with a full suit of clothes, out of the parochial funds, which would not all have been given, but in prospect of his being bound, but no stipulation to that effect had been made with the master: the court held that the clothes were not an expense incurred by the public parochial funds, within the meaning of the statute; and Parke, J. said that the expense so incurred, must be such as to make it a case of binding directly or indirectly by the parish

officers. R. v. Quainton, 1 Ad. & E. 133. But where, before the execution of the indenture, the master said that the pauper should have some better clothes; and the boy thereupon went to the parish officers who agreed to give him for that purpose 21., on the execution of the indenture, and 21. more at the end of the year; the overseers were present at the execution of the indentures, and were attesting witnesses to it, and at the same time they paid the master's wife 21., who laid them out in clothes for the pauper, and the remaining 21. they paid to the pauper at the end of the year: the court held this to be a case within the meaning of the Act; the money was laid out by reason of the indenture; for the master, before he would take the apprentice, required it to be so laid out; and as the money was paid by the parish officers, it must be presumed to have been paid out of the parish funds. R. v. Mattishall, 8 B. & C. 733. Where the apprentice was 21 years of age at the time of the binding, the court held it not to be a case within the statute, as that relates to the apprenticing of children only. R. v. St. John, Bedwardine, 5 B. & Ad. 169.

As to the putting out of apprentices where money has been bequeathed or given for that purpose, See stat. 7 Jac. 1, c. 3.

Defects in the binding, allowance, &c.] "No settlement shall be gained by any child, who shall be bound by the officers of any parish, township or place, by reason of such apprenticeship, unless such order shall be made, and such allowances of such indenture of apprenticeship shall be signed, as hereinbefore directed." 56 G. 3, c. 139, s. 5. See ante, p. 79.

And by sect. 6, in case any overseer shall bind an apprentice to any person, without having obtained such order and such allowances as herein before required, and in case any person shall receive any such apprentice, as so bound, without such order and allowances having been first obtained, the said overseer and the said person, shall each respectively forfeit the sum of 101. for each apprentice so bound, to be recovered as the penalties hereinafter given are directed to be recovered. See Id. s. 12-17.

Who compellable to take such apprentices.] By stat. 43 El. c. 2, s. 5, the churchwardens and overseers of a parish may bind poor children apprentices, "where they shall see convenient ;" ante, p. 78; which is understood to mean, that they may bind them to any persons, who, from their profession or manner of living, have occasion to keep servants, Dalt. c. 58, being either inhabitants of the parish, or occupiers of land in it though residing elsewhere. R. v. Clapp, 3 T. R. 107. And see 3 T. R. 523. 7 T. R. 33. The only exemption seemingly is, that created by the Annual Mutiny Act, (see 1 & 2 Vict. c. 17, s. 69,) by which it is always enacted, that

no officer of Her Majesty's forces, residing in barracks or elsewhere under military law, shall be deemed liable to have any parish poor child bound apprentice to him. In a late case, it became a question whether a parish apprentice could legally be bound to a person, who, though an occupier in the parish, was resident out of the kingdom; but the court gave no judgment upon the point, deciding the case upon other grounds. R. v. Spreyton, 3 B. & Ad. 818.

There is another case, not of exemption, but of actual prohibition, by stat. 32 G. 3, c. 57, s. 12, which enacts, that whenever a master of a parish apprentice shall be convicted upon indictment for misusage, refusal of necessary provisions, cruelty, or other ill treatment of or towards such apprentice, or shall have been found guilty thereof in any action brought at the suit of the party injured, it shall not be lawful for the churchwardens and overseers of the poor of any parish or place, to bind any other apprentice to such person; " but that whenever such person ought or would be compellable to take a parish apprentice, it shall and may be lawful for any two justices of the peace for the county, city, town, riding, division, or place where such person shall reside, upon application made to them by the churchwardens and overseers of the poor of such parish or place, to order and direct that such person shall pay into the hands of such churchwardens and overseers of the poor, some or one of them, a sum not exceeding the sum of 101. nor less than 51. for the purpose of binding out the child (intended to be bound) an apprentice, with the approbation of such two justices; and in case such person should refuse to pay such sum as aforesaid, that then it shall and may be lawful for such two justices, by warrant under their hands and seals, to levy the same by distress and sale of the goods and chattels of such person, together with the reasonable expenses of such distress. The master however may appeal to the next general quarter sessions; in which case, if the party give notice thereof within seven days after he has notice of the order, the distress shall not be made until after the sessions. Id.

And by stat. 8 & 9 W. 3, c. 30, s. 5, where any poor children shall be appointed to be bound apprentices pursuant to the said act, "the person or persons to whom they are so appointed to be bound, shall receive and provide for them, according to the indenture signed and confirmed by the two justices of the peace, and also execute the other part of the said indentures; and if he or she shall refuse so to do, oath being thereof made by one of the churchwardens or overseers of the poor, before any two of the justices of the peace for that county, liberty or riding, he or she for every such offence shall forfeit the sum of 10l. to be levied by distress and sale of the goods of any such offender, by warrant under the

hands and seals of the said justices, the same to be applied to the use of the poor of that parish or place where such offence was committed."

Conviction in the common form, to the words "informed us, that on at a certain poor child, named A. B. was duly appointed to be bound apprentice unto C. D. of the parish of in the county aforesaid, shoemaker, pursuant to the statute in such case made and provided; and that the said C. D. well knowing the same, nevertheless then and there refused to receive and provide for the said J. Y. as such apprentice as aforesaid, according to a certain indenture of apprenticeship in that behalf then and there signed and confirmed by two of Her Majesty's justices of the peace; and that the said C. D. did then and there refuse to execute the other part of the said indenture, which was then and there tendered to him for that purpose; against the form of the statute in such case made and provided: Whereupon, &c.

If such person should feel himself aggrieved by the conviction, he may appeal to the next general or quarter sessions of the peace for that county or riding, whose order shall be final, and conclude all parties. 8 & 9 W. 3, c. 30, s. 5.

Registry of Parish apprentices.] The overseers shall keep a book, and enter therein the name of every child bound out by them as an apprentice, with other particulars; which book shall be laid before the justices, at the time the indenture is laid before them for their assent, and they are to sign the entry. 42 G. 3, c. 46, s. 1. And if the overseers shall fail to keep such book, or make such entry, or if they destroy the book, or deface or alter any entry in it, or make any false entry, or fail to produce it before the justices, or if they shall not deliver such book to their successors in office, or the successors refuse to receive it,-if convicted of such offence before two justices, they shall forfeit a sum not exceeding 51. to be recovered by distress. Id. $. 2. It shall be lawful for any person, at all reasonable hours, to inspect such book in the hands of the overseer, and to take a copy of any entry, on payment of 6d. ;" and every such book shall be and be deemed to be sufficient evidence in all courts of law whatsoever, in proof of the existence of such indentures, and also of the several particulars specified in the said register respecting such indentures, in case it shall be proved to the satisfaction of such court that the said indentures are lost or have been destroyed. Id. s. 3.

Master removing.] By stat. 56 G. 3, c. 139, s. 8, "If any person or persons to whom any child shall be bound apprentice by the overseers of the poor of any parish or place, shall after the said 1st day of October remove his, her, or their