There is no inflexible rule of law making it incumbent on a tradesman to institute inquiries as to the situation and resources of an infant before he gives him credit for necessaries. (Brayshaw v. Eaton, 7 Scott, 183; 5 Bing. N. C. 331, S. C.) Although an infant may be liable on his contract for necessaries, yet if he enter into an obligation or other writing, with a penalty for the payment of any of these, that obligation shall not bind him. (1 Inst. 172.) Nor will he be liable on a bill of exchange or promissory note, though the consideration for it be necessaries. (Williams v. Harrison, Carth. 160; Holt, Rep. 359, S.C.; Williamson v. Watts, 1 Camp.552.) Nor will he be liable on an account stated; for he is not competent to state an account. (Trueman v. Hurst, 1 T. R. 40; and Bartlett v. Emery, ib. 40, n. (a).) As to how far infants may be bound out and are liable under contracts of apprenticeship, see the law fully treated of, ante, "Apprentice." 7. Other Matters re lating to. The moral obligation which a father is under to provide for his child, im- Liability of father poses on him no liability to pay the debts incurred by that child; and he is for articles supnot so liable, unless he has given the child authority to incur them, or has plied. contracted to pay them. (Mortimer v. Wright, 6 Mee. & W. 482; Rolfe As to a parent's obligation to maintain his children, and vice versá, so far Obligation under poor laws. Things of necessity bind him. Trust estates. And they may surrender leases in the Courts of Chancery or Exchequer, Surrender of in order to renew the same. (29 Geo. II. c. 31.) leases. Also an infant hath, without consent of any other, capacity to purchase, May purchase. for it is intended for his benefit; and at his full age he may either agree thereunto and perfect it, or without any cause to be alleged, waive or disagree to the purchase; and so may his heirs after him, if he agree not thereunto after his full age. (1 Inst. 2.) An infant cannot answer but by guardian; but he may sue either by his Must appear by Where a person supposed to be improperly in custody is brought up on Custody of. Nor will this rule be departed from on the ground that the father has It seems that the child would not be given into the father's custody, if it appeared that in his hands it would be exposed to cruelty or gross corruption. (Rex v. Greenhill, 4 Adol. & Ell. 624; 6 Nev & M. 244, S. C.) A father claiming from his wife the custody of their legitimate child on habeas corpus, the Court, on a representation by the wife of his profligacy and cruelty, referred it to a barrister to determine as to the proper custody of the child, the wife (who was in contempt for disobeying the writ) and the husband consenting to abide by such determination. (Rex v. Dobbyn, 4 Ad. & Ell. 644, n.) An infant child, in the custody of the mother, brought up by habeas corpus at 7. Other Matters relating to. 2 & 3 Vict. c. 54. Appointment of guardians over, by parents, &c. Mother no right to custody after such appointment. Custody of bastards. the father's instance; it was ordered, that the child should remain with the mother; the father's access to be regulated by the master. (Rer v. Wilson, 4 Ad. & Ell. 645, n.) By the 2 & 3 Vict. c. 54, passed to amend the laws relating to the custody of infants, sect. 1, it is enacted, that judges in equity may make an order on petition for the access of mothers to their infant children, and if such children be within the age of seven years, for the delivery of them to their custody until attaining such age. And by sect. 3, such orders may be enforced by process of contempt. Provided, by sect. 4, that a mother against whom adultery has been established shall not be entitled to the benefit of the act. It has been held that the vice-chancellor has jurisdiction to make orders under this act, although the lord chancellor and master of the rolls are alone mentioned in it. (In re Taylor, 10 Sim. 291.) By stat. 12 Car. II. c. 24, s. 8, any person having a child or children under twenty-one years of age, and not married, may, by deed or will attested by two witnesses, dispose of the custody and tuition of such child or children, until they shall be of the age of twenty one, or for a lesser time; and this, whether such parent be within or above the age of twenty-one. In a recent case it has been decided that the mother of an illegitimate child has no power to appoint a guardian for it under this statute; and that therefore the Court of Q. B. will not on habeas corpus order an illegitimate child to be delivered up by a person to whose care it had been committed by the mother, into the custody of a person who was appointed guardian and devisee in trust for its benefit, by the will of the mother. (Ex parte Glover, 4 Dowl. P. C. 291; 1 Har. & Woll. 508, S. C.) A father having, by will, appointed a guardian of his children, the mother has no right to their custody, though the Court, exercising a discretion with respect to the infant's health, may leave them under her care. Also, the Court will not interfere as to the religious education of an infant upon any supposed pecuniary advantages to be derived from a change of faith, against the injunctions of the father. (Talbot v. Shrewsbury, Earl, 4 Jur. 380) As to the respective parents' rights to the custody of illegitimate children, see ante, "Bastard,” p. 388. Chimney Sweepers & Chimneys. 3 & 4 Vict. c. 85. BY the 3 & 4 Vict. c. 85, intituled “An Act for the Regulation of Chimney Sweepers and Chimneys," after reciting that An act was passed in the fifth year of the reign of his late majesty, intituled 'An Act for the better Regula tion of Chimney Sweepers and their Apprentices and for the safer Construction of Chimneys and Flues,' to continue in force until the first day of January in the year one thousand eight hundred and forty, and from thence until the end of the then next session of parliament;" it is enacted, "That the said act 4 & 5 Will. 4, c. 35, shall continue and remain in full force until the first day of July in the year one thousand eight hundred and forty-two." Continuance of until 1st July, 1842. Penalty for compelling or allowing children to climb chimneys. No child under sixteen years to be apprenticed to a chimney sweeper. Children apprenticed between 1st July, 1841, and 1st any Sect. 2. "That from and after the first day of July, in the year one thousand eight hundred and forty-two, any person who shall compel or knowingly allow child or young person under the age of twenty-one years to ascend or descend a chimney, or enter a flue, for the purpose of sweeping, cleaning, or coring the same, or for extinguishing fire therein, shall be liable to a penalty not more than ten pounds, or less than five pounds." Sect. 3. " That from and after the passing of this act it shall not be lawful to apprentice to any person using the trade or business of a chimney sweeper any child under the age of sixteen years, and that every indenture of such apprenticeship which may be entered into after such date shall be null and void." Sect. 4. "That upon the application of any child apprenticed to any per son using the trade or business of a chimney sweeper, at any time after the charged. children under neys. first day of July, one thousand eight hundred and forty-one, and previously 3 & 4 Vict. c. 85. to the first day of July, one thousand eight hundred and forty-two, to any July, 1842, may justice of the peace having jurisdiction where the master or mistress of such apply to be dischild shall reside, it shall be lawful for such justice to summon such master or mistress to appear, at a reasonable time, to be named in the summons, not being sooner than seven days from the time of granting the summons, before any two justices having jurisdiction as aforesaid; and upon proof made upon oath, to the satisfaction of the justices by whom the case shall be heard, that such apprentice is desirous of being discharged from his or her apprenticeship, it shall be lawful for such justices forthwith to discharge such apprentice by warrant under their hands and seals, for which warrant no fees shall be paid; and no writ of certiorari or other process shall issue to remove any proceed- Certiorari taken ings under this enactment into any of her Majesty's superior Courts of record away. in England or Ireland, or into the Court of Session in Scotland." Sect. 5. "That from and after the first day of July, one thousand eight Indentures of hundred and forty-two, all existing indentures of apprenticeship to the trade sixteen years to or business of a chimney sweeper of any child who shall then be under the cease after 1st age of sixteen years shall be null and void." July, 1842. Seet. 6. "And whereas it is expedient, for the better security from acci- Regulating condents by fire or otherwise, the improved construction of chimneys and flues struction of chimprovided by the said act be continued; be it enacted, that all withs and partitions between any chimney or flue which at any time after the passing of this act shall be built or rebuilt, shall be of brick or stone, and at least equal to half a brick in thickness; and every breast-back and with or partition of any chimney or flue hereafter to be built or rebuilt shall be built of sound materials, and the joints of the work well filled in with good mortar or cement, and rendered or stuccoed within; and also that every chimney or flue hereafter to be built or rebuilt in any wall, or of greater length than four feet out of the wall, not being a circular chimney or flue twelve inches in diameter, shall be in every section of the same not less than fourteen inches by nine inches; and no chimney or flue shall be constructed with any angle therein which shall be less obtuse than an angle of one hundred and twenty degrees, except as is hereinafter excepted; and every salient or projecting angle in any chimney or flue shall be rounded off four inches at the least, pon pain of forfeiture, by every master builder or other master workman who shall make or cause to be made such chimney or flue, of any sum of not less than ten pounds nor exceeding fifty pounds: provided nevertheless, that Penalty. notwithstanding this act chimneys or flues may be built at angles with each other of ninety degrees and more, such chimneys or flues having therein proper doors or openings not less than six inches square." Sect. 7. "That all convictions for penalties for any offence against this act may be had before two or more justices of the peace acting for the county, riding, city, borough, division, or place where the offence shall happen, or before the sheriff or stewart of any county or stewartry in Scotland; and such Penalties and penalties, and the costs and charges attending the recovery thereof, shall be levied by distress and sale of the goods and chattels of the offender or person liable or ordered to pay the same respectively, by warrant under the hands and seals of two or more of the said justices, or under the hand of any such sheriff or stewart, rendering the overplus of such distress and sale (if any) to the party or parties, after deducting the charge of making the same, which Warrant such justices or sheriffs or stewarts are hereby empowered and required to grant, upon conviction of the offender by confession, or oath of one or more credible witness or witnesses; and the penalties, costs, and charges, when so levied, shall be paid, the one half to the informer, and the other half And one half to to the overseers or managers of the poor of the parish, township, or place former and the where the offender shall dwell and inhabit, to be by such overseers or mana- other to the poor gers applied in aid of the rate or assessment raised for the relief of the poor of of the parish, &c. such parish, township, or place, and in Scotland, in parishes where there shall be no assessment for the relief of the poor, as the said managers shall direct, or to her Majesty in case there shall be no such overseer or manager." (See post," Distress by Justices' Warrant," Vol. II.) Before whom con had. victions may be costs to be levied by distress. be paid to the in 3 & 4 Vict. c. 85. Sect. 8. "That the justices of the peace or sheriffs or stewarts by whom In default of pay- any person shall be convicted and adjudged to pay any sum of money for any ment of penalty the parties convicted to be sent to prison. Inhabitants not nesses by reason of paying rates. offence against this act may adjudge that such person shall pay the same, together with costs, either immediately or within such period as the said jus tices shall think fit; and that in default of payment at the time appointed such person shall be imprisoned in the common gaol or house of correction (with or without hard labour), as to the said justices or sheriffs or stewarts shall seem meet, for any time not exceeding two calendar months; the commitment to be determinable upon payment of the amount of the penalty and costs." Sect. 9. "That no inhabitant of any parish, township, or place shall be incompetent wit. deemed an incompetent witness in any suit, action, information, complaint, appeal, prosecution, or proceeding to be had, made, prosecuted, or carried on under the authority of this act, for any offence committed within such parish, township, or place, by reason of such person being rated or assessed to, or liable to be rated or assessed to, or being otherwise interested in, the rates or assessments of any such parish, township, or place." Distress not to be for want of form. Sect. 10. "That where any distress shall be made for any sum or sim deemed unlawful of money to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a treepasser or trespassers, on account of any default or want of form in any pr ceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers from the beginning on account of any irregularity which shall be afterwards done by the party or parties distraining, but f person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action on the case, to be brought in some of courts of record at Westminster or Dublin, or by action raised or complain Tender of amends. preferred in the Court of Session in Scotland: provided always, that plaintiff or plaintiffs shall recover in any action for any such irregularity trespass, or wrongful proceeding if tender of sufficient amends for any special damage shall be made by or on behalf of the party or parties shall have committed or caused to have been committed any such irregularit or wrongful proceeding before such action or complaint brought; and ind no such tender shall have been made it shall be lawful for the defendant defendants in any such action, by leave of the Court where such action depend, at any time before issue joined, to pay into Court such sum of m as he or they shall see fit, whereupon such proceedings or orders and j ments shall be had, made, and given in and by such Court as in other acti where the defendant is allowed to pay money into Court." Appeal. Sect 11. "That any person who shall think himself or herself ag by any conviction by any justice or justices of the peace under this att appeal to the next Court of general or quarter sessions of the peace shall be holden, not less than twelve days after the day of such conviction, the county, stewartry, riding, city, borough, division, or place wherein cause of complaint shall have arisen; provided that such person shall give the complainant a notice in writing of such appeal, and of the cause matter thereof, within three days after such conviction, and seven clear at the least before such session, and shall also either remain in custody the session, or enter into a recognizance, with two sufficient sureties, befart justice of the peace, conditioned personally to appear at the said session of peace, and to try such appeal, and to abide the judgment of the Court there upon, and to pay such costs as shall be by the Court awarded; and p such notice being given, and such recognizance being entered into, the just before whom the same shall be entered into shall liberate such person, if custody, and the Court at such session shall hear and determine the ma of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet, and in case of the dismissal the appeal or affirmance of the conviction shall order and adjudge the offend to be punished according to the conviction, and to pay such costs as shall awarded, and shall, if necessary, issue process for enforcing such judgment and all judgments, determinations, and proceedings of such justices not pealed from as aforesaid, and of such sheriff or stewart, or quarter sessions, 3 & 4 Vict. c. 85. shall be final, and not subject to review by any process of law or court whatever, any law or usage to the contrary notwithstanding." (See ante, title "Appeal.") want of form or Sect. 12. "That no conviction or adjudication made on appeal therefrom Conviction not to shall be quashed for want of form, or be removed by certiorari or otherwise be quashed for into any of her Majesty's superior Courts of record; and no warrant of com- removed by cermitment shall be held void by reason of any defect therein, provided it be tiorari. therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.' (As to enactments of this nature, see post, "Conviction," ante," Certiorari.") of twelve years, on the to wit, on the the 3 & 4 Vict. July, 1842. to wit. WHEREAS A.B. of , in the county aforesaid, a child of the age Discharge of an day of applied to me J. P., Esquire, one of her apprentice under Majesty's justices of the peace for the said county, and informed me that he the said A. B., after the 1st day of July, 1841, and previously to the 1st day of July, 1842, day of was apprenticed to C. D., of aforesaid, then and there and now using the trade or business of a chimney sweeper, whereupon I the rid J. P. having jurisdiction where the said C. D. resides, issued my summons to the said C. D. to appear before me and W. O., Esquire, another of her Majesty's justices of the peace for the said county having jurisdiction as aforesaid, at a reasonable time named in such summons, the same not being sooner than seven days from the time of granting such summons; and whereas the said C. D. hath appeared this day before us the said justices in pursuance of the said summons, and the said A. B. being now examined by us in the presence of the said C. D. hath deposed upon oath to the satisfact of us the said justices, that the said A. B. is desirous of being discharged from his aid apprenticeship, we the said justices do therefore by these presents discharge the said A. B. of and from his said apprenticeship to the said C. D., anything contained in the indenture of apprenticeship made between them or otherwise howsoever to the contrary atstanding. Given under our hands and seals this in the year of ur Lord 1844. day of Choses in Action, Larceny of, see "Larceny," Vol. III. Christening, Proof of, see "Evidence," Vol. II. p. 385. Christian Name, Statement of, in an Indictment, see "Indictment," Church or Chapel. I. The Church itself, and general Matters relating thereto, 622. II. Chancel, Aisle, 624. III. Churchyard, and herein of Burials, 625. IV. Seats and Pews, 629. V. Goods, Ornaments, and Monuments, &c. 633. VI. Repairs of Church, &c. 636. 1. Who to Repair, 636. 2. Who may compel Repairs, 637. |