Page images
PDF
EPUB

Sect. 31 repealed, 54 Geo. 3, c. 96.

having been partly repealed as to distillers, 12 Ann. stat. 2,

c. 3.

as to certain officers in the army and navy, 22 Geo. 2,

c. 44.

as to hatters, 17 Geo. 3, c. 55, s. 5.

as to clothiers, &c., 49 Geo. 3, c. 109.

See Rex v. Kilderby, 1 Wms. Saund. 309, and notes.
Sect. 32 repealed, 5 & 6 Wm. & M. c. 9.]

tices must

33. And be it further enacted by the authority aforesaid, that all He that hath and every person and persons that shall have three apprentices in three apprenany of the said crafts, mysteries or occupations of a clothmaker, fuller, keep one sheerman, weaver (f), taylor or shoemaker, shall retain and keep one journeyman. journeyman, and for every other apprentice above the number of the said three apprentices one other journeyman, upon pain for every default therein ten pounds.

berties of

34. Provided always, that this act nor anything therein contained A proviso shall not extend to prejudice or hinder any liberties heretofore for the ligranted by any Act of Parliament to or for the company and occu- worstedpation of worstedmakers and worsted weavers within the city of makers in Norwich, and elsewhere within the county of Norfolk, which liberties Norwich be in force until the beginning of this present Parliament, anything and Norfolk. herein contained to the contrary in anywise notwithstanding.

that refuseth

35. And be it further enacted, that if any person shall be required The punishby any householder having and using half a ploughland at the ment of him least in tillage to be an apprentice and to serve in husbandry, or in to be an apany other kind of art, mystery or science before expressed, and shall prentice. refuse so to do, that then upon the complaint of such housekeeper made to one justice of the peace of the county wherein the said refusal is or shall be made, or of such householder inhabiting in any city, town corporate or market town, to the mayor, bailiffs or head officer of the said city, town corporate or market town, if any such refusal shall there be, they shall have full power and authority by virtue hereof to send for the same person so refusing, and if the said justice or the said mayor or head officer shall think the said person meet and convenient to serve as an apprentice in that art, labour, science or mystery, wherein he shall be so then required to serve, that then the said justice, or the said mayor or head officer, shall have power and authority by virtue hereof, if the said person refuse to be bound as an apprentice, to commit him unto ward, there to remain untill he be contented and will be bounden to serve as an apprentice should serve according to the true intent and meaning of this present act. And if any such (g) master shall misuse or evil The remedy intreat his apprentice, or that the said apprentice shall have any prentice just cause to complain, or the apprentice do not his duty to his which is mismaster, then the said master or apprentice, being grieved and having used by his cause to complain, shall repair unto one justice of peace within the master, and said county, or to the mayor or other head officer of the city, town ter when the corporate, market town or other place where the said master apprentice dwelleth, who shall by his wisdom and discretion take such order doth not his and direction between the said master and his apprentice as the duty. equity of the cause shall require; and if for want of good conformity in the said master, the said justice of peace, or the said mayor or

(f) Repealed as to trades in italics, 49 Geo. 3, c. 109.

(g) The jurisdiction of the justices extends to apprentices

in all trades, not merely those
named in the statute, R. v. Col-
linbourn, 2 Lord Raym. 1410; S.
C. 1 Str. 663.

for the ap

for the mas

[blocks in formation]

other head officer, cannot compound and agree the matter between him and his apprentice, then the said justice, or the said mayor or other head officer, shall take bond of the said master to appear at the next sessions then to be holden in the said county, or within the said city, town corporate or market town, to be before the justices of the said county, or the mayor or head officer of the said town corporate or market town, if the said master dwell within any such; and upon his appearance and hearing of the matter before the said justices, or the said mayor or other head officer, if it be thought meet unto them to discharge the said apprentice of his apprenticehood, that then the said justices, or four of them at the least, whereof one to be of the quorum, or the said mayor or other head officer, with the assent of three other of his brethren or men of best reputation within the said city, town corporate or market town, shall have power by authority hereof in writing under their hands and seals to pronounce and declare that they have discharged the said apprentice of his apprenticehood and the cause thereof, and the said writing so being made and enrolled by the clerk of the peace or town clerk amongst the records that he keepeth shall be a sufficient discharge for the said apprentice against his master, his executors and administrators, the indenture of the said apprenticehood or any law or custom to the contrary notwithstanding (i); and if the default shall be found to be in the apprentice, then the said justices, or the said mayor or other head officer with the assistance aforesaid, shall cause such due correction and punishment to be ministered unto him as by their wisdom and discretions shall be thought meet.

36. Provided always, and be it enacted by authority of this present Parliament, that no person shall by force or colour of this estatute be bounden to enter into any apprenticeship other than such as be under the age of twenty-one years.

37. And to the end that this estatute may from time to time be carefully and diligently put in good execution according to the tenor and true meaning thereof, be it enacted by authority of this present Parliament, that the justices of peace of every county, dividing themselves into several limits, and likewise every mayor and head officer of any city or town corporate, shall yearly, between the Feast of St. Michael the Archangel and the Nativity of our Lord, and be

(i) It is perfectly clear and not now to be disputed, though it was once thought otherwise, that the sessions have an original jurisdiction under this section to discharge an apprentice, and application need not be made to one justice first, R. v. Johnson, 1 Salk. 68; S. C. 2 Salk. 491; R. v. Gill, 1 Str. 143; R. v. Davie, 2 Str. 704; R. v. Easman, 2 Str. 1014. And see Hawkesworth v. Hillary, 1 Wms. Saund. 313, that it was the intention of the act that a master should be discharged of a bad apprentice, as well as an apprentice of a bad But the justices have no power under this section to

master.

direct the return of any part of the premium paid to the master, or the non-payment of any part of it remaining unpaid, East v. Pell, 4 M. & W. 665. Semble, per Alderson, B., that it does not apply to cases where a premium is given, but only to compulsory bindings without premium. Semble, also, that R. v. Collinbourn, ubi supra, is no authority to the contrary, as according to the report in Lord Raymond, the apprentice there had been bound before the Chamberlain, which would hardly have been necessary if it had not been a compulsory binding.

tween the Feast of the Annunciation of our Lady and the Feast of the Nativity of St. John Baptist, by all such ways and means as to their wisdoms shall be thought most meet, make a special and diligent inquiry of the branches and articles of this estatute and of the good execution of the same, and where they shall find any defaults to see the same severely corrected and punished without favour, affection, malice, or displeasure.

38. And in consideration of the pains and travel that the said The justices' justice of peace and the said mayor or head officer shall take and allowance sustain in and about the execution of this estatute, it is further for their pains. ordained and enacted, by authority of this present Parliament, that every justice of peace, mayor, or head officer, for every day that he shall sit in and about the execution of this estatute, shall have allowed unto him five shillings, to be allowed and paid unto him, or unto the said mayor or head officer, of the fines and forfeitures of the pains and penalties that shall be forfeited and due unto the Queen's Majesty, her heirs and successors, by force of this estatute, in such manner and form as the said justices have been heretofore commonly paid for their coming and charges at the quarter sessions, so that the sitting of the said justices, or mayor or head officer, be not at any one time above three days, and for the matters contained in this estatute.

forfeitures

determine

39. And be it enacted, by authority aforesaid, that the one-half of Who shall all forfeitures and penalties expressed and mentioned in this estatute, have the other than such as are expressly otherwise appointed, shall be to our mentioned sovereign Lady the Queen's Majesty, her heirs and successors, and in this stathe other moiety to him or them that shall sue for the same in tute. any of the Queen's Majesty's courts of record, or before any of the justices of oyer and terminer, or before any other justices or president and council before remembred, by action of debt, information, bill of complaint or otherwise (k), in which actions or suits no protections, wager of law, or essoin shall be allowed; and that the said justices, Justices or two of them, whereof one to be of the quorum, and the said presi- of peace, dents and council as is aforesaid, and the said mayors or other mayor, &c., head officers of cities or towns corporate, shall have full power and may hear and authority to hear and determine all and every offence and offences all offences that shall be committed or done against this estatute, or against any committed branch thereof, as well upon indictment to be taken before them in against this the sessions of the peace, as upon information, action of debt or bill of complaint, to be sued or exhibited by any person, and shall and may by virtue hereof make process against the defendant and award execution as in any other case they lawfully may by any the laws and statutes of this realm, and shall yearly, in Michaelmas Term, certify by estreat the fines and forfeitures of every the offences contained in this estatute that shall be found before them into the Court of Exchequer, in like sort and form as they be bound to certify the estreats for other offences and forfeitures to be lost before them, anything in this statute contained to the contrary notwithstanding (1).

statute.

40. Provided always, that this act, or anything therein contained A proviso for or mentioned, shall not be prejudicial or hurtful to the cities of the cities of London (m) and Norwich, or to the lawful liberties, usages, customs Norwich. or privileges of the same cities for or concerning the having or taking

(k) As to actions for penalties under this section, see 31 Eliz. c. 5; 21 Jac. 1, c. 4; 1 Wms. Saund. 312 a, note; Fife v. Bousfield, 6 Q. B. 100.

(1) And see 54 Geo. 3, c. 96,

s. 3.

(m) See R. v. Collinbourn, 2 Lord Raym. 1410; S. C. I Str. 663; and see 54 Geo. 3, c. 96, s. 4.

London and

He that is bound apprentice within the age of twenty-one

pellable to

serve.

of any apprentice or apprentices, but that the citizens and freemen of the same cities shall and may take, have, and retain apprentices there in such manner and form as they might lawfully have done before the making of this statute, this act or anything therein contained to the contrary in anywise notwithstanding.

[Sect. 41 repealed, 54 Geo. 3, c. 96.]

42. And because there hath been and is some question and scruple moved whether any person, being within the age of one-and-twenty years, and bounden to serve as an apprentice in any other place than in the said city of London, should be bounden, accepted, and taken as an apprentice:

43. For the resolution of the said scruple and doubt be it enacted, years is com- by authority of this present Parliament, that all and every such person or persons that at any time or times from henceforth shall be bounden by indenture to serve as an apprentice in any art, science, occupation, or labour, according to the tenor of this estatute and in manner and form aforesaid, albeit the same apprentice or any of them shall be within the age of one-and-twenty years at the time of the making of their several indentures, shall be bounden to serve for the years in their several indentures contained as amply and largely to every intent (n) as if the same apprentice were of full age at the time of the making of such indentures, any law, usage or custom to the contrary notwithstanding.

A proviso for the inhabitants of Godalming, in Surrey.

Who shall have the forfeiture in cities and towns corporate.

A remedy for those servants which depart from their mas

44. Provided always, and be it enacted, by the authority aforesaid, that the inhabitants now dwelling or inhabiting, or that hereafter shall dwell or inhabit within the town of Godalming, within the county of Surrey, within the limits of the watch of the said town, may use and exercise such arts, mysteries and occupations, and take and use apprentices and servants in such manner and form as the inhabitants within market towns by this statute may lawfully do.

45. Provided always, and be it enacted, by the authority aforesaid, that all manner amerciaments, fines, issues and forfeitures which shall arise, grow or come by reason of any offences or defaults mentioned in this act or any branch thereof within any city or town corporate, shall be levied, gathered and received by such person or persons of the same city or town corporate as shall be appointed by the mayor or other head officers mentioned in this said act, to the use and maintenance of the same city or town corporate, in such case and condition as any manner other amerciaments, fines, issues or forfeitures have been used to be levied and employed within the same city or town corporate by reason of any grant or charter from the Queen's Majesty that now is, or of any her Grace's noble progenitors, made and granted to the same city, borough or town corporate, any thing or clause before mentioned and expressed in this act to the contrary notwithstanding.

[Sect. 46 is merely a proviso that this act shall not extend to any lawful retainings or covenants had or made before the passing of this act.]

47. And be it further enacted, by the authority aforesaid, that if any servant or apprentice of husbandry, or of any art, science or occupation aforesaid, unlawfully depart or flee into any other shire, that it shall be lawful to the said justices of peace, and to the said mayors, bailiffs and other head officers of cities and towns corporate for the time being justices of peace there, to make and grant other shires. writs of capias so many and such as shall be needful, to be directed

ters and do

flee into

(n) But an infant apprentice is not hereby rendered liable to an action for breach of the

covenants in his indentures, Gylbert v. Fletcher, Cro. Car. 179.

to the sheriffs of the counties or to other head officers of the places whither such servants or apprentices shall so depart or flee, to take their bodies, returnable before them at what time shall please them, so that if they come by such process that they be put in prison till they shall find sufficient surety well and honestly to serve their masters, mistresses or dames, from whom they so departed or fled, according to the order of the law.

sessions.

48. Provided always, that it shall be lawful to the high constables High conof hundreds in every shire to hold, keep and continue petty sessions, stables may otherwise called statute sessions, within the limits of their authori- keep statute ties, in all shires wherein such sessions have been used to be kept, in such manner and form as heretofore hath been used and accustomed, so as nothing be by them done therein contrary or repugnant to this present act.

22 GEO. 2, c. 27.

An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linnen, Fustian, Cotton, Iron, Leather, Furr, Hemp, Flax, Mohair and Silk (0) Manufactures; and for preventing unlawful Combinations of Journeymen Dyers and Journeymen Hotpressers, and of all Persons employed in the said several Manufactures; and for the better Payment of their Wages.

several

Whereas by an act made in the thirteenth year of his present Preamble Majesty's reign, intituled "An Act to explain and amend an Act reciting made in the first year of the reign of her late Majesty Queen Anne, clauses in intituled An Act for the more effectual preventing the Abuses and act 13 Geo. Frauds of Persons employed in the working up the Woollen, Linnen, 2, and 1 Fustian, Cotton and Iron Manufactures of this Kingdom, and for Anne. extending the said Act to the Manufactures of Leather,'" it is amongst other things enacted, that if any person or persons hired or employed in the working up of any woollen, linnen, fustian, cotton or iron manufactures shall purloin, imbezil, secrete, sell, pawn, exchange or otherwise illegally dispose of any the materials with which 13 Geo. 2, c. he, she or they shall be respectively entrusted to work up such wool- 8, s. 1. len, linnen, fustian, cotton or iron manufactures, whether the same Manufactube or be not first made up or manufactured, or shall reel false or rers of woolshort yarn, the person or persons so offending, and being thereof embezilling convicted in manner prescribed by the said act of the first year of materials. her said late Majesty's reign, shall forfeit double the value of the damages which the owner or owners of such materials shall respectively sustain thereby, together with full costs of prosecution for every such offence; and in case immediate payment of the respective forfeitures, together with such costs of prosecution as aforesaid, shall be neglected or refused to be made, that then it shall and may be lawful to and for the same justice of the peace, before whom such conviction shall be made, to cause the offender or offenders to be committed to the house of correction, to be there whipped and kept to hard labour for any time not exceeding fourteen days; and in case

(0) Repealed as to woollen, linen, cotton, flax, mohair, and

silk manufactures, 6 & 7 Vict. c.
40, post.

len, &c.,

« EelmineJätka »