Page images
PDF
EPUB

APPEAL-continued.

IV. Preliminary Steps before Trial-continued.

By and to whom given, i. 161
"Parties concerned," id.

"To justices," id.

Contents of notice, id.

When notice given by a party aggrieved,

id.

Grounds of appeal, id.

When by or to parish officers, i. 163

When to holder of an office, id.
Abandoning notice, id.

1. (2.) The Recognizance, i. 163

(3.) Entry and Petition of Appeal, i. 163

(4.) Effect of not taking necessary preliminary
Steps, i. 164

V. Hearing and Trial. Judgment. Adjourn
ment, &c.

(1.) Hearing and Trial.

Practice as to hearing, i. 165

Personal appearance of appellant and re-
spondent, id.

Proof to give sessions jurisdiction, id.
Sessions improperly dismissing appeal, id.
When appeal dismissed subject to a case, i.

166

[blocks in formation]

APPEAL-continued.

VI. Entering and respiting, &c.-continued.
Practice of sessions as to entering appeal,
and notice of trial, i. 174

When Queen's Bench will interfere with
practice, i. 175

Notice after adjournment, id.

VII. Costs, i. 175. See Addenda, title APPEAL.
VIII. Forms as to.

General form of notice of appeal against a
conviction, i. 176

General form of recognizance to try an ap-
peal against a conviction, id.
Petition of appeal. See POOR.

Order for hearing of appeal, appointing time,
&c. See Poor.

Judgment of affirmance of the sessions on an
appeal against a conviction, i. 177

APPEARANCE.

On indictments for felony, i. 177
On indictments for misdemeanors, i. 178
Infants, id.

In outlawry, id.

Where prosecutor may enter appearance for
defendant, id.

What information for penalties not within
the act, id.

On conviction, i. 978, 990. See CONVICTION.
On appeal, i. 165

Certiorari, i. 573. See CERTIORARI.
Judgment, iii. 932. See JUDGMENT.
Right of attorney to be present, i. 980

APPRAISER. See ExCISE.

[blocks in formation]
[blocks in formation]

Statement of parties to, id.
Statement of consideration, id.
Term of binding, id.

What stipulations make a contract of apprenticeship, i. 186

Form of covenant, id.

Execution of instrument, id.

Premium and duty paid, and stamp on, i. 187 Memorandum to be printed on printed indenture, id.

Penalty on printer for omission, id.
Effect of enactment, id.

Enrolment of indentures in London, i. 188

VI. Rights and Liabilities of Master and Parent.

(1.) Master's Rights for Breach of Contract. What a breach, i. 189

What an unlawful absenting, i. 190
Where indenture void, id.

Where apprenticeship put an end to, id.
License, id.

(2.) Parent's Rights for Breach of Contract. Rights of parent for master's breach of contract, i. 190

What a breach, id.

In case of death, i. 191

Where indenture not executed or stamped,

[blocks in formation]

APPRENTICES IN GENERAL-continued.
VII. Assigning and turning over Apprentices.
Cannot be assigned in general, i. 195
By justices, id.
May by consent, i. 196
In London, id.

To gain a settlement, id.
Stamp, id.

Parish apprentices, id.
Sea service, id.

VIII. Dissolution of Apprenticeships.

(1.) By Consent.

In what cases, i. 196

How and what amounts to, i. 197
When a contract of apprenticeship may be
treated as rescinded, i. 198

(2.) By Effluxion of Time, or by Apprentice coming of Age.

By effluxion of time, i. 198

By infant's coming of age, id.

How disaffirmance by infant to be made,1.199 (3.) By Death.

By death of master covenant to instruct dis
solved, i. 199

But not covenant to provide necessaries, i. 200
Where two masters, id.
In London, id.
Settlement, id.

Parish or sea apprentice, id. See SEAMEN
Return of premium, id.

(4.) By Bankruptcy or Insolvency.
By bankruptcy of master, i. 200
Return of premium, id.
Allowance for salary, i. 201

By discharge under Insolvent Act, id.

(5.) By Misconduct.

By misconduct of master, i. 201.
Of apprentice or parent, id.

(6.) By Award, or by Justices, or by Queen's Bench.

[blocks in formation]

APPRENTICES IN GENERAL-continued.

IX. Jurisdiction of Justices in Disputescontinued.

Proceeding on recognizance for not appear.
ing, i. 205

Discharge of apprenticeship at sessions, id.
Return of premium, id.
Assigning over apprentice, id.
Order to receive apprentice, id.
Form and enrolment of order, id.
Order, how far conclusive, il.

Correction and punishment of apprentices,
i. 206

Justices, &c. may apprehend apprentice who runs away, id.

And may bind him to good behaviour, id. (2.) Apprenticeship, where no Premium or not more than 251. Premium paid.

On complaint by apprentice, justice to sum-
mon master, i. 207

And may discharge apprentice, id.
Appeal, id.

Certiorari taken away, id.

Stannaries, id.

Instead of discharging apprentice, master may be fined, id.

Distress for fine, id.

Application of, i. 208 Appeal, id.

Commitment, id.

Action for acts done under act, id.

Justices may order premium to be refunded, id. Distress, id.

Commitment, id.

Justices may order wages to apprentices, provided sum in question does not exceed 10., id.

Recovery of wages, in absence of masters,

&c. i. 209

Justices

may order payment of wages in such time as they think fit, id.

Saving for jurisdiction in London, i. 210

Acts extended to cases where no premium has been paid, id.

Complaints by masters, id.
Punishment of apprentice, id.
Discharging him, id.

Where apprentice absconds. he shall serve beyond his term for time he absented, id. Appeal, i. 211

Exceptions, id.

Remedy given by 6 Geo. III. is cumulative with 20 Geo. II. c. 19, s. 4, id.

Masters or steward, &c. may make the complaint, id.

Justice may abate wages, id.

Or commit apprentice to hard labour, id.

Forms as to, see list, i. 243

APPRENTICES, PARISH.
Object of parish apprentices, i. 212
I. Binding of, Statutes as to.
Power to bind, i. 212
Who to be bound, id.

[blocks in formation]

Child to be carried before two justices, i. 214 Who are to inquire whether intended master resides at a reasonable distance, &c. id. May examine parents as to distance, &c. id. And character, &c. of master, id.

Justices to make order that overseers may bind, &c. id.

Order to be referred to in indenture and signed by justices before execution of indenture, id.

No child to be bound beyond forty miles out of county, id.

Unless child's parish be more than forty miles from London, id.

Special grounds for allowing, to be stated by justices, id.

Indenture to be allowed by two justices of county, &c. into which apprentice is to be bound, as well by two justices of county, &c. from which he is bound, id. Justices not to be engaged in same business as apprentice, i. 215

Notice to overseers, id.

Allowance by county magistrates valid in

towns, &c. of exclusive jurisdiction, id. Distance to which apprentices may be bound not limited to cities counties of themselves, id.

No settlement gained unless directions complied with, id.

Penalty on overseers binding apprentices contrary hereto, id.

Children not to be bound until nine years old, id.

Indentures not valid unless approved by two

justices, i. 216

Penalties may be recovered by information, &c. id.

Justices empowered to dispose of penalties, id. Recovery of penalties, id.

Form of canviction, id.

Persons not paying penalty may be imprisoned, id.

[blocks in formation]

APPRENTICES, PARISH-continued.
I. Binding of, Statutes as to-continued.
Not to affect decisions, &c. already made,
&c. i. 218

Indentures valid although churchwardens,
&c. not sworn in, &c. id.
Proviso, id.

Such indentures valid if executed by over-
seers of any township, &c. i. 219
Not to affect settlements, id.

Indentures allowed by justices acting for two
counties to be as valid as if granted by
justices acting for different counties, i. 220
Indentures with seal of corporations annexed
to be valid, id.

Indentures to be allowed by two justices,
one of them acting for county and one
for city, &c. id.

Act not to set aside decisions already come
to, id.

Apprenticing of poor children to be under

control of poor law commissioners, i. 221
Justices to certify that rules have been com-
plied with in binding poor apprentices, id.
Justices' power as between master and ap.
prentice, id.

II. Who may be bound Parish Apprentices, i. 221
III. Who compellable to take them, and how com-
pellable. See Addenda.

Who compellable to take in general, i. 222.
Persons having paid penalty for not taking,

i. 223

How compellable, i. 224.

IV. The Mode und Term of Binding.

Previous inquiry, i. 224.

Order of justices, id.

Notice to overseers, id.
Term of binding, id.
The indenture, i. 225

Order of justices to be referred to, id.
Proviso as to death of master, id.
Execution of, by master, id.
By apprentice, id.

By parish officers, id.
Allowance by justices, i. 227

Where master resides in same county in
which binding parish is, id.

Allowance where binding is to a master out
of county, &c. in which binding parish is,
i. 228

Allowance where binding at expense at pub-
lic parochial fund, i. 229

Stamp on, i. 230

Appeal, id.

V. Assignment, Discharge, and Settling Dis-

putes as to.

Assignment of, i. 230

In general, id.

On death of master, id.

Covenants, where no more than 51. given, to
continue no longer than three months after
death of master, &c. i. 232

Such a proviso to be inserted in indenture, id.
If omitted, covenant to continue no longer in
force, id.

APPRENTICES, PARISH-continued.

V. Assignment, Discharge, &c.-continued.
In three months after death of master, two
justices may order apprentices to serve
residue of terms with certain other per
sons, i. 232

How order to be made, &c. id.
How master to declare his acceptance of, id.
His liabilities, id.

Provisions to take place on death of original
master to extend to subsequent one, id.
If no application made, or justices do not
think fit that apprenticeship should cos
tinue, it shall be ended, id.

Act to extend to parish apprentices only
living with master, id.

Justices may order maintenance, &c. to be
levied by distress, id.
Apprentices may be assigned with consente!
two justices, i. 234

Assignment by indorsement of master of in-
denture, id.

On insolvency, &c. of master, justices may
discharge apprentices, id.
Provisions not to extend to apprentices where
more than 51. given, id.
Stamp on assignment, i. 235

Order to be made after discharge, id.
Recognizance by churchwardens, &c. to
prosecute, id.

Costs of prosecution, id.
Moiety to be paid by county, id.
Appeal, id.

Distress not to issue on notice of appeal, it.
If party does not appear, 40s. to be added to
expenses of distress, id.
Appeal in other cases, i. 236
Apprentices discharged for ill behaviour may

be committed to house of correction, id.
On removal, &c. of master out of county e
forty miles from parish where apprentice
bound, he to give notice to parish where
apprentice resides, &c. id.
Apprentice to appear before two justices, wid
to order apprentice's continuance, &c. is
Liability of new master, id.

Penalty for his abandoning, &c. apprentice. i.

237

Limitation of prosecution for, id.
Apprentices not to be assigned or dismissed
without parties consent, id.
Settlement not gained without it, id.
Penalty on discharging without such con-
sent, i. 238

Penalties, how recoverable, &c. id.
Appeal, &c. id.

Discharging on complaints in general, id.
VI. Registry of.

Overseers to keep a book for entering names
of apprentices bound by them, i. 238
Entry to be signed by two justices, id.
Not providing such book, or neglecting to
make entries therein, &c. id.
Books may be inspected, i. 239
Books deemed evidence of indentures, &c.
if lost, id.

[blocks in formation]
« PreviousContinue »