Offence, or cause of Complaint. APPEAL: Where an order is made under the In revenue and game prosecutions Where Magistrates refuse Publicans * The two Acts above referred to were passed in the same session; they differ in some particulars as to the conditions, or penalties, &c., which will give a right of appeal. The power or right of appeal given by chap. 92, appears merely to apply to orders made under it. Chap. 93, applies generally to orders made under all previous Statutes, except the cases under chap. 92, and also Customs, Excise, Stamps, Taxes, Post-office, and Game Prosecutions, exempted in sec. 42 of chap. 93; these must be regulated by the conditions and forms of appeal specially appointed for themselves. Chap. 93 will also apply to all convictions under all previous Acts, and will take away the right of appeal given by them, unless the penalty or punishment be such as under its (chap. 93) provisions will give that right, for the words of the section, "in no other case," appear sufficiently strong to have that effect. It will also apply to summary orders under all subsequent Acts of Parliament that do not expressly take away the right of appeal which it gives, or provide other or different powers or conditions of appeal for themselves. *The other portion of the section, that is, the offence of malicious mischief by "defacing or spoiling work," is repealed by 9 Geo. iv., c. 53. The offence can now be dealt with under the Malicious Injuries Act, 24 & 25 Vic., c. 97, ss. 52 & 59. Apprentices differ in many respects from other domestic servants. "Apprentices (from the French apprendre, to learn) are a species of servants who are usually bound for a term of years, by deed indented, or by indenture, to serve their masters, and be maintained and instructed by them."-Black. Com. By 8 & 9 Vic., c. 106, deeds are made effectual as indentures, though not indented. Exemptions from Stamp Duty.-Indentures and assignments of apprenticeship in Ireland, where premium does not exceed £10: 5 & 6 Vic., c. 82, s. 3. Indentures of apprenticeship to sea-service-17 & 18 Vic., c. 104, s. 141; title, Merchant Shipping Act; and also under 14 & 15 Vic., c. 35, s. 5, where bound by Poor Law Guardians to the sea-service. The Act of 25 Geo. ii., c. 8, as amended by 29 Geo. ii., c. 8, are both made perpetual by 5 Geo. iii., c. 15, s. 52. Offence, or cause of Complaint. APPRENTICE-continued. * Cruelty and Failure in Trade, &c.-By 2 Geo. i., c. 17, s. 16: "Whereas apprentices employed in handicraft trades are often, by the failure or death of their master, left without employment or instruction in the trade to which they were bound, and others often by the severity of their masters or mistresses have been cruelly used, for remedy whereof, it may be lawful for any two Justices of the peace of any county, county of a city, or town, to hear and determine all such complaints of apprentices who are or shall be employed in any handicraft trade or manufacture, and to displace and remove such apprentice, if they shall find just cause for so doing, from such service, by order under their hands and seals; and by the like order, to turn over such apprentice to some other master or mistress, of the same trade, for the remainder of the term of such apprenticeship." Master or mistress feeling aggrieved, may appeal to Quarter Sessions, s. 17. 66 Apprentice coming of Age.-While it is clearly laid down that an infant cannot be bound by indenture of apprenticeship to serve beyond twenty-one, and although he may elect at that age to avoid the indentures, the mode of doing so is not to run away," the remedy pointed out in the authorities is to move for a Habeas Corpus; but it is also allowed to be a proper matter of defence, when charged before the Magistrates with leaving his service, and if it be shown that the apprentice did communicate to the master his intention of leaving, on his so coming of age, and that they are satisfied of the fact, they may refuse to commit the apprentice; and there seems to be no reason now why the Justices should not, on the application of the party aggrieved, state a case for opinion of the Superior Court, under the 20 & 21 Vic., c. 43. This course would be cheap and expeditious. "Apprentices ought to be employed entirely in the profession or trade which they are intended to learn. Instruction is their hire, and to deprive them of the opportunities of instruction by taking up their time with occupations foreign to their business, is to defraud them of their wages." Offence, or cause of Complaint. APPRENTICE-continued. To bakers, by their wilful act, neglect, or default, injuring, damaging, destroying, or adulterating materials or property of employers. Statute. 1 & 2 Vic. c. 28, s. 12. Wages. Right of apprentice to re- 14 & 15 Vic. cover his wages-up to £10. c. 92, s. 16. Extent of Jurisdiction. To pay a reasonable sum as recompense for the money master may have been obliged to pay under the Act, or for the injury he might have otherwise sustained; in default, &c., imprisonment not exceeding 1 month. 1 J. may decree amount due recoverable by distress. 1 J. To be entitled to reclaim, oath, as in schedule to the Act, must be made within 1 month. The binding must be for 5 years at least, and the apprentice not above 16 years when bound. 1J. Justice Any J. P. at or near the port at which ship arrives may hear complaints. Penalty not exceeding £20, recoverable under Petty Sessions Act. 2J. Fine not exceeding £5; in default, &c., imprisonment not exceeding 3 months, and abatement of the whole or part of his wages; and Justices, if they think fit, may, by writing, discharge him from his service. 1 J. * Common Assault, may be by striking at another, with or without a weapon; holding up one's fist at him; or by any other rash act done in an angry or threatening manner (1 Hawk. c. 62, s. 1). So advancing in a threatening attitude and with intention to strike, so that the blow would have immediately reached had he not been stopped; and although when stopped he was not near enough for his blow to take effect; this was held to be an assault in point of law.-Tindal; C. J. Stephens v. Meyers, 4 Car. & P. 349. Battery.-A battery is an injury, however trifling, actually done to the person of another, in an angry, revengeful, rude, or insolent manner, as by spitting in his face, or in any way touching him in anger, violently jostling him out of the way, or the like. Hawk. c. 62, s. 2. But in either case, if the Justice finds the assault or battery to be so trifling as not to merit any punishment, he may dismiss the complaint.-Sec. 44. The Assault Act is silent on the right of appeal. That given in the Petty Sessions Act will therefore apply. |