order for under a cer man, potter, or other labourer, or any other witness or witnesses, 20 Geo. 2, touching any such complaint, difference or dispute, and to c. 19. make such order for payment of so much wages to such ser- and make vant, artificer, handicraftsman, miner, collier, keelman, pitman, payment of glassman, potter or other labourer as to such justice or justices wages due if shall seem just and reasonable, provided that the sum in ques- tain sum; tion do not exceed ten pounds with regard to any servant, nor five pounds with regard to any artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or labourer, and in on nonpaycase of refusal or nonpayment of any sums so ordered, by the ment to be space of one-and-twenty days (k) next after such determination, distress and such justice and justices shall and may issue forth his or their sale. warrant to levy the same by distress (1) and sale of the goods and chattels of such master or mistress, or person employing such artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or other labourer, rendering the overplus to the owners after payment of the charges of such distress and sale (m). levied by hear master's 2. That it shall and may be lawful to and for such justice Justices to or justices, upon application or complaint made upon oath complaints by any master, mistress or employer (n) against any such on oath; servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or labourer, touching or concerning any misdemeanour, miscarriage or ill-behaviour in such his or her service or employment (which oath such justice or justices is and are hereby empowered to administer) to hear, examine and determine the same, and to punish the offender by commitment and to punish to the house of correction, there to remain and be corrected (0) by commitand held to hard labour for a reasonable time, not exceeding ment, abateone calendar month (p), or otherwise by abating some part of ment of (k) See now 4 Geo. 4, c. 34, s. 5, post, p. 334. (1) This distress being virtually an execution, goods distrained are not replevisable, Wilson v. Weller, 1 Brod. & B. 57. (m) In Wiles v. Cooper, 3 A. & E. 524, it was held that justices had no power under this section, and 4 Geo. 4, c. 34 and 5 Geo. 4, c. 18, s. 2, to commit the master in default of distress. But that power is now expre-sly given by 11 & 12 Vict. c. 43, s. 22, under which he may be committed to gaol for any term not exceeding three calendar months. There is, however, no appeal to quarter sessions against an order of justices for payment of weekly wages, under 4 Geo. 4, c. 34, s. 5, post; R. v. Bedwell, 4 E. & B. 213; S. C. 24 L. J., M. C. 17. (n) "Or by his, her or their steward, manager or agent," 6 Geo. 3, c. 25, s. 4, and 4 Geo. 4, (o) "Corrected" means whip- (p) It has been held that a commitment under this section would not prevent the servant acquiring a settlement by hiring and service where he returned at the end of the sentence and continued to serve his master, R. v. Barton, 2 M. & S. 329; R. v. Hallow, 2 B. & C. 739. How far a commitment under 4 Geo. 4, c. 34, would operate to dissolve the contract of hiring so as to set both master and servant free from the offender 20 Geo. 2, c. 19. wages; or dismission. Justices to hear ser plaints on oath; his or her wages, or by discharging such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or labourer, from his, her or their service or employment; and in like manner also, it shall and may be lawful to and for such justice or justices upon any complaint or application upon oath vant's com- by any such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or other labourer, against such master, mistress or employer, touching or concerning any misusage, refusal of necessary provision, cruelty or other illtreatment of, to or towards such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or other and to sum- labourer, and to summon such master, mistress or employer to appear before such justice or justices at a reasonable time to be prefixed in such summons, and such justice or justices shall and may examine into the matter of such complaint, whether such master, mistress or employer shall appear or not, proof being made upon oath of his or her being duly summoned; and, upon satisfactory proof thereof made upon oath to his or their satisfaction, to discharge such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter or other labourer of and from his said service and employment, which discharge shall be given under the hand and seal or hands and seals of such justice or justices gratis (q). mon the master, &c.; and upon proof to discharge the servant. Justices, upon com plaint of certain apprentices, 3. That it shall and may be lawful to and for any two or more such justices, 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 (r) pounds of lawful British money was paid, touching or concerning any misusage, refusal of necessary provisions, cruelty or other illtreatment of or towards such apprentice by his or her master or mistress (s), to summon such master or 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 satisfactory satisfaction (whether the master or mistress be present or not, proof, to dis- if service of the summons be also upon oath proved), the said apprentice. justices may discharge (t) such apprentice by warrant or certifi to summon the master, &c.; and, upon charge the it at the expiration of the sen- (4) A magistrate, acting mali- (r) This was extended to 101. by 33 Geo. 3, c. 55, and has since been further extended to 251. by 4 Geo. 4, c. 29; or, if nothing at all was paid, 5 & 6 Vict. c. 7. (s) See further, ante, p. 131. (t) Under 32 Geo. 3, c. 57, s. 11, the justices may order the apprentice's clothes to be given up, and the master, &c., to pay a sum not exceeding 101. for placing the apprentice out again; and by sect. 12, when such master is liable to take another parish apprentice, he may be find 107. instead. By 33 Geo. 3, c. 55, the master may also be fined, not exceeding 40s. And by 4 Geo. 4, c. 29, justices discharging an apprentice may order all or any part of the premium paid with him to be refunded. cate under their hands and seals, for which warrant or certificate 20 Geo. 2, no fee shall be paid. c. 19. plaint of prentices, 4. That it shall and may be lawful to and for such justices Justices, upon application or complaint made upon oath by any master upon comor mistress (u) against any such apprentice, touching or con- masters cerning any misdemeanor, miscarriage or ill-behaviour in such against aphis or her service (which oath such justices are hereby em- and proof powered to administer), to hear, examine and determine the upon oath, same, and to punish the offender by commitment to the house to punish the of correction, there to remain and be corrected and held to hard commitlabour for a reasonable time not exceeding one calendar month, ment, &c. or otherwise by discharging (x) such apprentice in manner and form before mentioned. offender by 5. Provided nevertheless, that if any person or persons shall Appeal. think himself, herself or themselves aggrieved by such determination, order or warrant of such justice or justices as afore said (save and except any order of commitment) (y), he, she or Exception. they may appeal (z) to the next general quarter sessions of the peace to be held for the county, riding, liberty, city, town corporate or place where such determination or order shall be made, which said next general quarter sessions is hereby em powered to hear and finally determine the same, and to give Costs not to and award such costs to any of the respective persons, appel- exceed 40s. lant or respondent, as the said sessions shall judge reasonable, not exceeding forty shillings, the same to be levied by distress and sale in manner before mentioned. 6. Provided also, that no writ of certiorari (a) or other pro- No writ of cess shall issue or be issuable to remove any proceedings what- certiorari. soever had in pursuance of this act into any of his Majesty's Courts of Record at Westminster (b). c. 25. By 6 Geo. 3, c. 25, after reciting that persons employed in 6 Geo. 3, several manufactories of this kingdom frequently take apprentices who are very young, and for several years of their apprenticeships are rather a burthen then otherwise to their masters; (u) If the complaint is made by the master, it need not be verified by his oath, but may be verified by the oath of any other person who knows the fact, Finley v. Jowle, 12 East, 248. (x) By 32 Geo. 3, c. 57, s. 13, the justices may also order the apprentice to be punished "by commitment to the house of correction, there to remain and be corrected (i. e. whipped), and kept to hard labour for a reasonable time not exceeding three calendar months." That act also gives an appeal to the quarter sessions. (y) See 6 Geo. 3, c. 25, s. 5, post, p. 331, and note (e), ib. (z) See 4 Geo. 4, c. 34, s. 5. the writ of certiorari, would not (b) Section 7, excluding the 6 Geo. 3, c. 25. Sect. 1. Justices empowered to oblige apprentice, absenting himself be fore expiration of his apprentice ship, to serve for such term as he shall be absent; or to make satisfaction. Except as to and that it frequently happens that such apprentices when they might be expected to be useful to their masters, absent themselves from their service: and that the laws in being are not sufficient to prevent these inconveniences, for remedy thereof it is enacted, sect. 1, that after 24th June, 1766, if any apprentice shall absent himself from his master's service before the term of his apprenticeship shall be expired, every such apprentice shall at any time or times thereafter, whenever he shall be found, be compelled to serve his said master for so long a time as he shall have so absented bimself from such service, unless he shall make satisfaction to his master for the loss he shall have sustained by his absence from his service, and so from time to time, as often as any such apprentice shall without leave of his master absent himself from his service, before the term of his contract shall be fulfilled and in case any such apprentice shall refuse to serve as hereby required, or to make such satisfaction to his master, such master may complain upon oath to any justice of the peace of the county or place where he shall reside, which oath such justice is hereby empowered to administer, and to issue a warrant under his hand and seal for apprehending any such apprentice, and such justice upon hearing the complaint may determine what satisfaction shall be made to such master by such apprentice, and in case such apprentice shall not give security to make such satisfaction according to such determination, it shall and may be lawful for such justice to commit every such apprentice to the house of correction for any time not exceeding three months. 2. Provided always, that nothing in this act contained shall apprentices extend to any apprentice whose master shall have received with such apprentice the sum of ten pounds. paying 101. fee; or where seven years shall have elapsed. 3. Provided also, that no apprentice shall be compelled to serve for any time or term, or to make any satisfaction to any master after the expiration of seven years next after the end of the term for which such apprentice shall have contracted to serve, anything herein contained to the contrary notwithstanding. By sect. 4, after reciting that it frequently happens that artificers, calico printers, handicraftsmen, miners, colliers, keelmen, pitmen, glassmen, potters, labourers and others (c), who contract with persons for certain terms, do leave their respective services before the terms of their contracts are fulfilled, to the great disappointment and loss of the persons with whom Justices em- they so contract; for remedy thereof it is enacted, that after powered to the 24th of June, 1766, if any artificer, calico printer, handirants against craftsman, miner, collier, keelman, pitman, glassman, potter, artificers and labourer or other person shall contract with any person whom grant war others not fulfilling their contract, or being guilty of any misdemeanor; soever, for any time or term whatsoever, and shall absent himself from his service before the term of his contract shall be completed, or be guilty of any other misdemeanor, that then and in every such case it shall and may be lawful for any justice of the peace of the county or place where any such artificer, calico (c) This act does not extend to domestic servants, Kitchen v. Shaw, 6 A. & E. 729, only to persons of the same description as those before enumerated. printer, handicraftsman, miner, collier, keelman, pitman, glass- 6 Geo. 3, man, potter, labourer or other person shall be found, and such c. 25. justice is hereby authorized and empowered, upon complaint thereof made upon oath to him by the person with whom such artificer, calico printer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, labourer or other person shall have so contracted, or by his or her steward or agent (d), which oath such justice is hereby empowered to administer, to issue his warrant for the apprehending every such artificer, calico printer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, labourer or other person, and to examine into the nature of the complaint, and if it shall appear to such justice that any such artificer, calico printer, handicraftsman, miner, collier, and upon keelman, pitman, glassman, potter, labourer or other person commit the shall not have fulfilled such contract, or have been guilty of any offender. misdemeanor, it shall and may be lawful for such justice to commit every such person to the house of correction for the county or place where such justice shall reside, for any time not exceeding three months nor less than one month. conviction to sessions. 5. Provided always, that if any person shall think himself Appeal to aggrieved by such determination, order or warrant of any justice quarters of the peace as aforesaid (except an order of commitment) (e), every such person may appeal to the next general quarter sessions of the peace to be held for the county or place where such determination or order shall be made, such person giving six days' notice of his intention of bringing such appeal, and of the cause and matter thereof, to such justice of the peace and the parties concerned, and entering into recognizance within three days after such notice, before some justice of the peace for such county or place, with sufficient surety, conditioned to try such appeal at, and abide the order or judgment of, and pay such costs as shall be awarded by, the justices at such quarter sessions, which said justices, at their said sessions, upon due proof of such notice being given and of entering into such recognizance as aforesaid, shall and are hereby directed to proceed in, hear and determine the causes and matters of all such appeals, and shall give such relief and costs to the parties appealing or appealed against Costs. as they in their discretion shall judge proper and reasonable, and their judgments and orders therein shall be final and conclusive to all parties concerned. of this act 6. Provided also, that nothing in this act contained shall ex- Limitation tend to the stannaries in the counties of Devon and Cornwall, or with respect to impeach or lessen the jurisdiction of the Chamberlain of the to the Stancity of London, or of any other court within the said city city of Lontouching apprentices. (d) See ante, p. 327, note (n). (e) In R. v. Justices of Staffordshire, 12 East, 572, it was held that no appeal lies to the sessions against a conviction and commitment in execution for three months of a collier, under this statute, for absenting himself from his master's service, as the order of commitment con- naries and don. |