Page images
PDF
EPUB

act, when the magistrates direct an apprentice to be discharged, they may order the whole or a part of the premium to be refunded. Powers of magistrates to adjudicate where no premium has been paid, extended by 5 V. c. 7, s. 1.

A parish apprentice cannot be transferred to another or dismissed, without consent of two justices, under a penalty of £10, 56 G. 3, c. 139, ss. 9, 10.

The statute of Elizabeth, which prohibited the exercise of trades, except by persons who had been apprenticed thereto seven years, is repealed; and the term of apprenticeship is now determined by the mutual convenience of the contracting parties.

Whatever an apprentice gains is for the use of his master, and whether he was legally bound or not is immaterial, if he were an apprentice de facto. But this can only apply to in-door apprentices, not to out-door apprentices, nor to those paid by a fixed rate of wages.

An apprentice leaving his master's service must serve beyond the term for the time he was absent, if it be within seven years after the expiration of the term. See HIRED SERVANTS, p. 123.

If a master give an apprentice license to leave him, he cannot afterwards recall it. And if a master discharge an apprentice for negligence, equity will decree him to refund a proportional part of the premium.

By the custom of the city of London, a freeman may turn away his apprentice for gaming.

A master may correct and chastise his apprentice for neglect or misbehaviour, provided it be done with moderation; but his mistress is not entitled to the same power.

See further, 30 & 31 V. c. 141; 32 & 33 V. c. 85.

By the 4 G. 4, c. 34, s. 3, apprentices misbehaving or absconding may be punished by the abatement of the whole or part of their wages, or be committed to the House of Correction for any period not exceeding three months. In case of the absence of the master or mistress, magistrate may direct the wages due to an apprentice to be paid by the steward, manager, or overseer, to any amount not exceeding £10.

By the death either of the master or apprentice, the interest, being a mere personal trust, is determined. But, if the master Covenant to find the apprentice, during the term, in necessaries and clothing, the death of the master will not determine the obligation, but his executors will be bound to perform it as far as they have assets.

A fiat of bankruptcy discharges an apprentice, and a part of the premium must be repaid by the assignees, proportioned to the term of the apprenticeship unexpired, 6 G. 4, c. 16, s. 49.

Indentures of apprenticeship must be enrolled in London within one year, in the Chamberlain's office, otherwise the apprentice may sue out his discharge.

By the Mutiny Act apprentices enlisting in the army, and concealing their apprenticeship when brought before a magistrate to be attested, may be indicted for obtaining money under false pretences; and if after the expiration of their apprenticeship they do not surrender to a recruiting officer, they may be apprehended as deserters.

APPRENTICES TO THE SEA SERVICE.-Two justices, as also churchwardens and overseers with the approbation of such justices, may bind out boys of the age of ten years or more, who shall be chargeable, or whose parents are chargeable, to the parish, or who shall beg for alms, to be apprentices to the sea service till 21 years of age. But masters of ships are not obliged to take boys under 13, or who do not appear fitly qualified as to health and strength for the sea. Fifty shillings payable to the master on the binding, to provide clothes and bedding for apprentices, 2 & 3 Anne, c. 6, ss. 1-8. But this Act was repealed by 5 & 6 W. 4, c. 19.

Every master of a merchant ship exceeding 80 tons burden, on clearing out from any port in Britain, was required to have on board one or more apprentices, proportioned to his registered tonnage. Master neglecting to enrol such apprentices at the custom-house of the port whence the ship first clears out, is subject to a penalty of £10. Apprentices so enrolled protected from naval impressment till they attain 21 years of age, 4 G. 4, c. 25. But this was repealed by 5 & 6 W. 4, c. 19. See now ss. 17 & 18 V. c. 104; 25 & 26 V. c. 63.

XXI. PUBLIC BATHS AND WASHHOUSES.

For the health, comfort, and welfare of the inhabitants of towns and populous districts, the 9 & 10 V. c. 74, provides for the establishment of baths and washhouses, and open bathing-places. The council of any incorporated borough may adopt this act, or any parish not within an incorporated borough may adopt it with the approval of a secretary of state. In parishes not forming part of a borough, the expenses of executing the act are to be paid out of the poor's rate, and in boroughs charged on the borough fund, or a separate rate be levied for the purpose; the income arising from the baths and washhouses being applicable towards the expenses.

On the requisition in writing of ten or more ratepayers of a parish not within a borough, a vestry meeting to be convened, seven days' previous notice of the meeting having been given, to determine whether the act shall be adopted. If vestry resolve to adopt the act, a copy of resolution to be transmitted to secretary of state; but resolution not deemed to be carried unless two-thirds of the votes given on the question, in the usual manner of voting in the vestry, shall be for the resolution. Next, the vestry shall appoint not less than three nor above seven persons, being ratepayers, commissioners for executing the act, and of whom about

one-third shall go out of office yearly, but be eligible to immediate reappointment; but any commissioner may resign on giving seven days' notice, and the vacancy be filled up by the vestry. Commissioners to meet at least once a month. Two to be a quorum if only three commissioners, and not less than one-third if a greater number. Commissioners may appoint and remove officers, and, with the approval of the vestry, fix salaries. Minutes of proceedings to be kept, to be open to the inspection of ratepayers, and auditors to be yearly appointed by the vestry. Commissioners made a body corporate with a common seal, and may sue and be sued in their corporate name. Two or more parishes may concur, with the approval of the secretary of state, for the establishment of baths and washhouses, with a joint commission and expenditure, as agreed upon.

Cor

In boroughs, the management of the baths and washhouses is vested in the council; in parishes not within boroughs, in the commissioners. The council, with the approval of the lords of the Treasury, and commissioners with the approval of the Treasury and vestry, may borrow money for the purposes of the act. porate lands and parish lands, with consent of the Treasury, may be appropriated to the purposes of baths and washhouses. Council and commissioners may enter into contracts; but no contract above £100 to be entered into without notice in the newspaper, so as to be open to competition. Existing baths and washhouses may be purchased or taken on lease. Council and commissioners may make by-laws for regulating the use of the baths and washhouses, and the charges for the same; and may fix any penalty not exceeding £5 for any breach of by-laws, either by officers or others. By-laws to be approved of by secretary of state. The number of baths for the labouring classes in any building not to be "less than twice the number of the baths of any higher class if but one, or of all the baths of any higher classes if more than one, in the same building or buildings. Charges to be fixed not exceeding those in the schedule below, unless for the use of a washing-tub or trough for more than two hours in one day. For the recovery of charges for the use of the washhouses, clothes may be detained by the officers, and if not paid within seven days, be sold. Penalty on an officer for taking fees beyond salaries, or being interested in any contract, £50. This extends to England only. But by 9 & 10 V. c. 87, its provisions are extended to Ireland.

By 10 & 11 V. c. 61, the subjoined schedule of charges has been established:

Baths for the labouring classes, supplied with clean water for every bather, or for several children bathing together, and in either case with one clean towel for every bather:—

For one person above eight years old:

Cold bath, or cold shower-bath, any sum not exceeding ld.

Warm bath, or warm shower-bath, or vapour bath,

any sum not exceeding 2d.

For several children, not above eight years of age, nor exceeding four, bathing together:

Cold bath, or cold shower-bath, not exceeding 2d.

Warm bath, or warm shower-bath, or vapour bath, not exceeding 4d.

For baths of a higher class such rate of charges may be fixed as the council and commissioners think fit, not exceeding in any case three times the charges above mentioned for the several kinds of baths for the labouring classes.

Washhouses for the Labouring Classes.-Every washhouse to be supplied with conveniences for washing and drying clothes and other articles. For the use, by one person, of one washing tub or trough, or one pair of washing tubs or troughs for one hour in one day, not exceeding 1d.; for two hours, not exceeding 3d. Washhouses of a higher class to be charged for as the council think fit.

Open bathing-places, where several persons bathe in the same water, for one person d.

See further, 21 & 22 V. c. 98; 23 & 24 V. c. 30; 29 & 30 V. c. 90.

XXII. LABOURERS' DWELLINGS.

The Labourers' Dwelling Act, 1855, the 18 & 19 V. c. 132, is for facilitating the erection of dwelling-houses, with or without gardens, or garden in common, for the labouring classes, by the incorporation of any number of persons not less than six, subscribing articles of association, each specifying the amount of his subscription, so that a covenant is implied on his part, binding his heirs and executors. Dwellings erected to be subject to inspection by the general Board of Health.

XXIII. LODGING-HOUSES FOR THE LABOURING CLASSES.

The preamble to 14 & 15 V. c. 34, states that it is "desirable for the health, comfort, and welfare of the inhabitants of towns and populous districts, to encourage the establishment therein of well-ordered lodging-houses for the labouring classes," and provides that the act may be adopted in any incorporated borough under 5 & 6 W. 4 (p. 148), or in any district of a local board of health, or in any place within the limits of an improvement act, or in any parish, with the approval of secretary of state, having a population of 10,000 inhabitants, or any parish in a borough of like population.

Council of a borough may adopt the act, and expense of carrying it into execution to be charged on the borough fund, for which a

rate may be levied; the income arising from the lodging-houses to be carried to the same fund, in a separate account. Local boards of health may adopt the act, but must give not less than 28 nor above 42 days' notice of a meeting to consider its provisions; if at the meeting one-tenth in value of the persons liable to be rated to a general district rate made by the board requested postponement, such postponement to be allowed till after next day, for election of the members of the board (s. 7). If majority of board be elected in other manner than by ratepayers under an improvement rate, act not to be adopted without consent of such ratepayers. Expenses of carrying act into execution by improvement commissioners to be charged on the improvement rates.

By s. 14, on the requisition in writing of ten or more ratepayers of a parish, the churchwardens to convene a meeting of the vestry to determine whether the act shall be adopted; notice of meeting in three successive weeks to be given; if vestry resolve to adopt act, resolution to be sent to secretary of state; but resolution not to be deemed carried unless two-thirds in value vote for it; when adopted, three or not more than seven commissioners to be appointed by the vestry to carry act into execution; one-third, as near as possible, of the commissioners to retire annually; but eligible to immediate re-election. Vacancies to be filled up by the vestry. Overseers to levy as part of the poor-rate the needful sums for expenses. Vestries of two or more parishes may agree to adopt the act, with approval of Home Office. Commission to be a body corporate and their acts valid, despite of informalities (s. 30). Borough councils may borrow money for the act, with approval of Treasury. Parish lands, in certain cases, may be appropriated for the purposes of the act (s. 35), or contracts made for the purchase of them. Councils and commissioners to erect lodging-houses or purchase existing ones. Councils and commissioners not personally liable; the latter cease to be a corporation on the cessation of their duties. By-laws for regulation of lodging-houses to be made with approval of home secretary and hung up in every room. Lodginghouses to be open to inspection by local boards of health. Clerks or other officers accepting fees, or being concerned in contracts, liable to a penalty of £50.

This act does not extend to Scotland.

XXIV. COMMON LODGING-HOUSES.

A common lodging is any house, not being a licensed victualler's, let wholly or in part at a daily or weekly rent not exceeding 3s. 6 1. per week; or in which persons are lodged, for hire, for a single night, or for less than a week at one time; or in which any room let for hire is occupied by more than one family.

Common lodgings were regulated by an act of 1851, the 14 & 15 V. c. 38; but it provides that if only part of a house be so used,

« EelmineJätka »