No. XVIII. [ No. XVII. ] 1 & 2 Geo. IV. c. 32.-An Act for declaring 4 Geo. IV. valid certain Indentures of Apprenticeship and Certificates of Settlements of poor Persons in England.-[28th May 1821.] c. 29. c. 32. WHEREAS in divers parishes, townships, hamlets, chapelries, and 1 & 2 Geo. IV. places in England for a long period of time only one churchwarden or chapelwarden has been annually appointed where two or more churchwardens or chapelwardens had formerly been appointed for each of such parishes, townships, hamlets, chapelries, or places : And whereas divers indentures for the binding of parish apprentices and certificates of the settlements of poor persons, which may have been executed and signed by such single churchwarden or chapelwarden acting in and for a parish, township, hamlet, or place, for which formerly two or more churchwardens or chapelwardens had been appointed, may on that account if contested in a court of law be deemed to be null and void: And whereas much litigation has recently arisen between parishes owing to the discovery of such defect as above-mentioned in the appointment of churchwardens and chapelwardens; and it would tend to prevent future litigation if such indentures and certificates as before-mentioned were in certain cases declared to be valid and effectual: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act all indentures for the binding of parish apprentices, and certificates of the settlement or settlements of poor persons, which have been previous to the passing of this Act executed or signed by one churchwarden or chapelwarden, acting or purporting to Act in the capacity of churchwarden or churchwardens chapelwarden or chapelwardens, for any parish, township, hamlet, chapelry, or place in England, for which two churchwardens or chapelwardens had formerly been appointed, shall be deemed and taken to be as good and effectual to all intents and purposes as if the same indentures or certificates had been executed by one or more churchwarden or chapelwarden churchwardens or chapelwardens legally appointed; any law, statute, usage, or custom to the contrary notwithstanding. II. Provided always, and be it further enacted and declared, That nothing in this Act contained shall be construed to affect or set aside any decision or judgment made or given in any court of judicature respecting any such indentures or certificates, or to alter impeach or affect the settlement of any person for whose removal any order of justices shall have been duly made previous to the passing of this Act, or to legalize or make valid any indentures or certificates to be signed or executed, as herein-before mentioned after the passing of this Act. [No. XVIII. ] 4 Geo. IV. c. 29.-An Act to increase the Power of Magistrates, in Cases of Apprenticeships.[23d May 1823.] WHEREAS by an Act made in the twentieth year of the reign of his Majesty King George the Second, intituled An Act for the better adjusting and more easy Recovery of the Wages of certain Servants, and for the better Regulation of such Servants, and of certain Apprentices, it is, among other things, enacted and provided, that it shall and may be lawful to and for any two or more justices of the peace, upon any complaint or application by any apprentice put out by the parish, or any other apprentice, upon whose binding out no larger a sum than five pounds of lawful British money was paid, touching or concerning any misusage, refusal of necessary provision cruelty or other ill treatment of or towards such apprentice, by his or her master or mistress, to summon such master or VOL. VII. • F Certain Inden tures and Certi ficates of Settlement declared valid. Not to affect Decisions already made. 20 G. 2. c. 19. No. XVIII. 4 Geo. IV. c. 29. mistress to appear before such justices, at a reasonable time to be named in such summons; and such justices shall and may examine into the matter of such complaint, and upon proof thereof made upon oath to their satisfaction, (whether the master or mistress be present or not, if service of the summons be also upon oath proved,) the said justices may discharge such apprentice, by warrant or certificate under their hands and seals, for which warrant or certificate no fees shall be paid; and it is also enacted, that it shall and may be lawful to and for such justices, upon application or complaint made upon oath, by any master or mistress against any such apprentice, touching or concerning any misdemeanor miscarriage or ill behaviour in such his or her service, (which oath such justices are hereby empowered to administer,) to hear examine and determine the same, and to punish the offender by commitment to the house of correction, there to remain and be corrected and held to hard labour for a reasonable time, not exceeding one calendar month, or otherwise by discharging such apprentice in manner and form before-mentioned: 33 G. 3. c. 55. And whereas by another Act made in the thirty-third year of the reign of his late Majesty King George the Third, intituled An Act to authorize Justices of the Peace to impose Fines upon Constables Overseers and other Peace and Parish Officers, for Neglect of Duty, and on Masters of Apprentices for ill Usage of such their Apprentices, and also to make Provision for the Execution of Warrants of Distress granted by Magistrates, it is enacted, that it shall and may be lawful for any two or more of his Majesty's justices of the peace, assembled at any special or petty sessions of the peace, upon complaint made to them upon oath, by or on the behalf of any apprentice to any trade or business whatsoever, whether bound apprentice by any parish or township, or otherwise, (provided that not more than the sum of ten pounds be paid upon the binding of such apprentice), against his or her master or mistress, of any ill usage of such apprentice by such master or mistress, (such master or mistress having been duly summoned to appear and answer such charge or complaint,) to impose, upon conviction, any reasonable fine or fines not exceeding the sum of forty shillings upon such master or mistress respectively, as a punishment for such ill usage; and by warrant under the hands and seals of any two or more of such justices assembled at any such special or petty sessions as aforesaid, to direct such fine or fines, if not paid, to be levied by distress and sale of the goods and chattels of the person or persons so offending, rendering the overplus (if any) after deducting the amount of such fine or fines, and the charges of such distress and sale, to such offender or offenders: And whereas it is expedient that the provisions of the said Act should be extended to apprentices upon whose binding out a larger sum than five pounds or ten pounds respectively, as mentioned in the said Acts, was paid: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the first day of August one thousand eight hundred and twenty-three, the provisions of the said recited Acts, so far as the same relate to apprentices, shall extend and be deemed and construed to extend to all apprentices upon whose binding out no larger a sum than twenty-five pounds of lawful British money was or shall be paid; any thing contained in the said Acts, or either of them, to the contrary thereof in anywise notwithstanding. Recited Acts to extend to Apprentices bound out at no larger Sum then 251. Justices may or der Premium to be refunded. II. And be it further enacted, That from and after the first day of August one thousand eight hundred and twenty-three, it shall and may be lawful for any two or more of his Majesty's justices of the peace, in any case where they shall direct any apprentice or apprentices to be discharged under and by virtue of the said recited Acts or of this Act, to take into consideration the circumstances under which such apprentice or apprentices shall be so discharged, and to make an order upon the master or mistress of such apprentice or apprentices to refund all or any part of the premium or premiums which may have been or shall be paid upon the binding or placing out of such apprentice or apprentices, as such justices in their discretion shall see fit; and in case any sum or sums of money which shall be so ordered to be refunded by such master or mistress, shall be neglected to be paid to the person or persons directed in any such order to receive the same, it shall and may be lawful for such two or more justices, in petty sessions, by warrant under their hands and seals, to levy the same upon the goods and chattels of such master or mistress, with the costs and charges of levying such distress, rendering the overplus of the sale of such goods and chattels, upon demand, to such master or mistress; and in case there shall not be sufficient goods and chattels whereon to levy the same, then it shall and may be lawful for such justices to commit such offender or offenders to the house of correction, for any time not exceeding two months, unless the sum or sums ordered to be refunded, with all costs, shall be sooner paid and satisfied. III. And be it further enacted, That the said recited Acts and all and every the powers and provisions thereof (save and except such parts thereof as are varied altered or repealed), shall be as good valid and effectual for carrying this Act into execution as if the same had been repeated in this Act. No. XVIII. 4 Geo. IV. c. 29. Recited Acts to continue in force, except as herein altered. PART VI. CLASS III. P. 10 Geo. II. c. 32. Piles, Chalk, on Forfeiture of 201. to be levied by Distress, or Imprisonment for six Mouths. Banks Destroying, and other Trespasses. [ No. 1. 10 Geo. II. c. 32.-An Act for continuing, &c. **** and for the more effectual Punishment of Persons removing any Materials used for securing Marsh or Sea Walls. * * * * (1.) V. AND whereas it frequently happens, that many idle and disorderly persons employed in fishing boats, and others residing near the sea coasts, do unlawfully and maliciously cut off draw up burn and 'destroy the piles which are drove into the marsh or sea walls and banks, whereby the chalk and other materials used for securing the said walls ' and banks fall away, and oftentimes take away the said chalk and other materials used for that purpose, and thereby frequent inundations hap'pen to the lands lying within the said walls and banks, to the great loss and damage of the owners and occupiers of the said lands;' For remedy thereof, be it therefore further enacted by the authority aforesaid, That if any person or persons shall at any time or times hereafter unlawfully cut off draw up or remove and carry away any piles chalk or other materials which are or at any time hereafter shall be driven into the ground, and used for the securing any marsh or sea walls or banks, in order to prevent the lands lying within the same from being overflowed and damaged, it shall and may be lawful to and for any one or more of his Majesty's justices of the peace residing near the place where the said offence or offences shall be committed, and such justice or justices is and are hereby respectively authorized and required, upon complaint or information upon oath of such offence (which oath or oaths such justice or justices is and are hereby empowered to administer), to summon the party or parties so complained of, or to issue his or their warrant or warrants to apprehend and bring before him or them the person or persons so accused complained of or suspected; and upon his her or their appearance or neglect to appear to proceed to examine the matter of fact with which he she or they are charged, and upon due proof thereof made, either by confession of the party or parties so accused or upon the oath or oaths of one or more credible witness or witnesses to determine the same, and to convict the offender or offenders; and every person offending herein and being thereof convicted as aforesaid shall forfeit and pay the sum of twenty pounds, one moiety thereof to the informer and the other moiety to the overseer of and for the use of the poor of the parish wherein such offence shall be conmitted; the same to be levied by distress and sale of the offender's goods and chattels, together with the charges of such distress and sale, rendering the overplus (if any be) to the owner or owners thereof; and for want of sufficient distress the said justice or justices are hereby required to commit the person or persons convicted as aforesaid to the house of correction, there to remain and be kept at hard labour for the space of six months. (2.) (1.) For other parts see Vol. V. (2.) For the Statutes which render certain Acts connected with this subject Felony, vide Part V. [No. II. ] 1 Geo. IV. c. 56.—An Act for the summary Punishment, in certain Cases, of Persons wilfully or maliciously damaging or committing Trespasses on public or private Property.-[15th July 1820.] WHEREAS it is expedient that a more summary mode than now by No. II. 1 Geo. IV. c. 56. 1 Geo. IV. c. 56. &c. or to or upon Property of any kind. law exists of repressing and obtaining satisfaction for damages to buildings fences land growing crops and other real and personal property, whether of a private or public nature, by wilful and malicious trespassers and other wrongdoers should be provided; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the Justices to passing of this Act, if any person or persons shall wilfully or maliciously award Satisfacdo or commit any damage injury or spoil to or upon any building fence tion for wilful hedge gate stile guide post mile stone tree wood underwood orchard Damages done garden nursery ground crops vegetables plants land or other matter or to Buildings, thing growing or being thereon, or to or upon real or personal property of any nature or kind soever, and shall be thereof convicted within four calendar months next after the committing of such injury, before any justice of the peace for the county riding division city town or place where such offence shall have been committed, either by the confession of the party offending or by the oath of one or more credible witness or witnesses, or of the party aggrieved in the premises, which oath such justice is hereby empowered to administer, every person so offending and being thereof convicted as aforesaid shall forfeit and pay to the person or persons aggrieved such a sum of money as shall appear to such justice to be a reasonable satisfaction and compensation for the damage or injury Limiting the or spoil so committed, not exceeding in any case the sum of five pounds, Sum to 51. which said sum of money shall be paid to the person or persons aggrieved; Application of but in case such conviction shall take place on the sole evidence of the Money the party aggrieved, then and in such case such satisfaction and awarded. compensation shall be paid to the overseer or overseers of the poor of the parish township or place where the offence was committed, or if the conviction shall take place in Ireland, then such satisfac tion and compensation shall be paid to the governor of the fever hospital or infirmary of the county city town or place where the offence shall have been committed, to be by him or thein applied for the relief and maintenance of the poor thereof, or of the establishment of such fever hospital or infirmary; and in default of payment of the sum of money in which the offender or offenders shall have been so convicted Payment, Ofas aforesaid immediately, or within such time as the justice shall appoint at the time of conviction, together with all costs charges and expences attending the conviction, such justice shall and may commit such offender or offenders to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three calendar months, unless such penalty costs and charges shall be sooner paid and satisfied: Provided always, that if any such damage injury or spoil shall have been in case of pubdone or committed as aforesaid to or upon any church chapel bridge lic Property, building common way or other property whatsoever, whether real or per- the Informer, one Moiety to sonal, of a public nature or wherein any public right is concerned, it shall the other to the or may be lawful to and for any such justice to proceed against and Poor of the convict the offender or offenders within the time aforesaid and in the Parish. manner aforesaid in any sum not exceeding five pounds, as to such justice shall seem just and reasonable, at the instance and upon the information of any person prosecuting such offender or offenders, and to order and direct one moiety of the sum to be paid for such offence to be paid to the person so prosecuting, and the other moiety to and for the use of the poor of the parish township or place where the offence shall have been committed; and in default of payment of the sum in which any such offender or offenders shall have been so convicted as aforesaid, together with all costs charges and expences attending such conviction as aforesaid, such justice shall and may commit such offender or offenders to the com In default of fenders to be committed. |