apprentice, any one of such persons so making application (such person having lived with, and been part of the family of, such master or mistress at the time of his or her death) for the residue of the term; which person shall declare his acceptance of such apprentice, by subscribing his name to such order; and after such order the executors and administrators, and the personal effects of the master or mistress dying, shall be discharged from any covenant contained in such indenture; and the person obtaining the same shall be deemed the master, in like manner as if such apprentice had been originally bound to him; and such last-mentioned master, his executors and administrators, shall be bound by the covenants in such indenture in like manner as if he had executed the counterpart; and be liable to the regulations in force for the better government of masters and apprentices; and all justices shall have the like powers, with respect thereto, as they shall then have by act of parliament relating to parish apprentices. s. 2, 5, 10. And all the provisions before made shall relate to the like Provisions to event of the death of any subsequent master, their relations and extend to subrepresentatives, as often as the case shall happen, during the sequent deaths. term of apprenticeship. s. 3. But in case no such application shall be made within the If no applicathree months, or in case such two justices shall not think tion be made, the appren fit that such apprenticeship should be continued, then the apticeship at an prenticeship shall be determined, and the indenture be at an end. end. s. 4. for maintenance And in case any original master, or master appointed under Justices may this act, shall, during the term of such parish apprenticeship as order the sums aforesaid, or if the executors or administrators of such masters, having assets, shall, during such three months, refuse or neglect and clothing of apprentices to to maintain and provide for such apprentice, according to cove be levied by nant, it shall be lawful for two justices of the county in which distress. ], the parish shall lie, to which such apprentice shall belong, on complaint of such apprentice, or of the churchwardens and overseers, by warrant under their hands and seals, to levy by distress and sale of the personal estate of such master such sums as shall be necessary for the maintenance and clothing of such apprentice, and to reimburse to the churchwardens and overseers any money expended by them for that purpose. s. 6. But if any person be aggrieved by any matter done or omitted to be done by any churchwarden, overseer, or justice, such person may appeal to the next general quarter sessions of the peace, where the matter shall be finally determined, and costs awarded to either party. s. 14. XI. The master becoming bankrupt. Where the master becomes bankrupt the commissioners recommend it to the creditors to allow the apprentice a gross sum out of the estate, for the purpose of binding him to another master, as it would be hard to make him come in as a creditor under the commission; but this, though it is equitable and just, must be considered as an indulgence, and not a right; for the court can only order him to be admitted as a creditor. Barwell v. Ward, 1 Atkyns 261. Accordingly, on a petition, it appeared that the petitioner on Jan. 10, 1744, was put an apprentice to Ward, a bookseller at York, and the sum of 80%, was given with the petitioner as an apprentice for seven years; in July following a commission of bankrupt was taken out against Ward, and he being declared a bankrupt, assignees were chosen, who sold off the bankrupt's effects, and he became the supervisor of the press to the purchaser, and incapable of performing his part of the contract; nor was the petitioner able to raise any money to put him out apprentice to another master; and as the commission was a recent one, probably no dividend might be made in a year or a year and a half; it was prayed by the petitioner, that on deducting 101. out of the 80%. for his board with the bankrupt during the six months he lived with him, that the assignees might be ordered to pay the sum of 70%. out of the effects of the bankrupt already come to their hands, and not oblige him to prove it as a debt under the commission. Lord Hardwicke was at first doubtful, and seemed inclined to grant the petition; but upon ordering the secretary of bankrupts to search for precedents, two were produced in Lord chancellor King's time, and two in lord Talbot's, where they directed that an apprentice should come in as a creditor only (after deducting for the time he lived with the bankrupt) upon the remaining sum, upon which his lordship ordered that the petitioner should be admitted a creditor for 70l. only. Ex parte Sandby, 1 Atk. 149. But the bankruptcy of the master is no dissolution of the apprenticeship, unless the indentures be delivered up, or the sessions discharge the apprentice, which they may do if applied to for that purpose. 2 Lord Raymond 1352. 1 Strange 582. However, for the more easy discharging of any parish apprentice with whom not more than bl. is given, from a master who is become insolvent, or so far reduced in circumstances as to be unable to employ or maintain such apprentice, IT IS PROVIDED, by 32 Geo. 3. c. 57, "that it shall be lawful for two justices where any master shall live, on the application of such master, requesting any such apprentice to be discharged, for the reasons aforesaid, to inquire into the matter of such alle gation, and discharge such apprentice, in case they find such allegations true." s. 8, 9. XII. The authority of the justices in discharging apprentices from their masters; and their power to compel the master to refund the money received with his apprentice. By 5 Eliz. c.'. “If any such master shall misuse or evil en'treat his apprentice, or the apprentice shall have any just 'cause to complain, or the apprentice do not his duty to his 'master, then the said master or apprentice being grieved, and 'having cause to complain, shall repair unto one justice (IX) (IX) The form of the summons of a master on complaint of an apprentice. Whereas complaint hath been made unto me one of his majesty's justices of the peace in and for the said county of by A A, apprentice to M M, of in the said county, weaver, that the said M M hath misused and evil intreated him the said AA [by not allowing him sufficient meat, drink, and apparel, and by beating him the said A A immoderately, and without any just cause, as the case is:] THESE are therefore to require you on sight hereof to summon the said M M to be and appear before me at, in the said county, on ——— the day of at the hour of in the forenoon of the same day, then and there to make answer unto the said complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal this year day of in the The form of a summons against an apprentice on the complaint of his master. Monmouthshire.} To the constable of one of Whereas complaint hath been made unto me his majesty's justices of the peace in and for the said county of by M M, of -- in the said county, blacksmith, That AA, his apprentice, is not only negligent, but stubborn and disorderly [as the case is] and doth not his duty to him the said MM, his master: THESE are therefore to require you on sight hereof to summon the said A A to be and appear before me, at in the said county of · day of in the forenoon of the same day, then and and to be further dealt on the at the hour of - Herein fail not. Given under my hand *See p. 119. for the masters here referable to. within the county, or to the mayor, or other head officer of the city, town corporate, market town, or other place, where the said master dwelleth, who shall by his wisdom and dis'cretion take such order and direction between the said master ' and his apprentice as the equity of the case shall require; and if for want of good conformity in the master, the said justice, or mayor, or head officer, cannot compound and < agree the matter between him and his apprentice, then the said justice, or the said mayor or other head officer, shall take bond of the said master to appear at the next sessions then to be holden in the said county, or within the said city, ⚫ town corporate, or market town, if the said master dwell with in any such; and upon his appearance, and hearing of the matter before the said justices, or the said mayor or other head officer, if it be thought meet unto them to discharge the said apprentice of his apprenticehood, then the said justices, or four of them at the least (one Qu.) or the said mayor, or other head officer, with the consent of three other of his brethren, or men of best reputation within the said city, town corporate or market town, shall have power, by authority hercof, in writing (X) Considering these cases as mere private and personal disputes, the issuing of a summons is certainly the most liberal mode of proceeding; but the justice may, if he thinks proper, issue a warrant for the apprehension of the offender, in the first instance, without any previous summons; and under-peculiar circumstances the exercise of this discretion may be advisable. And such warrant, after stating the complaint, as prescribed in the above forms for the summons, may run thus: THESE are therefore in his majesty's name to command you forthwith to apprehend the said O O, and to bring him before me, to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal the day of (X) The application to the sessions for the discharge must be by petition, whereon the sessions appoint a day for both parties to attend the court. shire. The form of such discharge : in Monmouth-f At the general quarter sessions of the peace of our sovereign lord the king, holden at and for the said county of in the- on the day of year of the reign of our sovereign lord George the Third, by the grace of God, of the united kingdom of Great Britain, and Ireland, king, under their hands and seals, to pronounce and declare that they ' have discharged the apprentice of his apprenticehood, and the defender of the faith, before - and others their fellows justices of our said lord the king assigned to keep the peace in and for the said county, and also to hear and determine divers felonies, trespasses,and other misdeeds committed in the same county, and of the quorum,it is ordered as follows: in Uros the petition of A A, apprentice to M M, of 1/2 the said county, blacksmith, complaining that the said M M hath misused and evil treated him the said A A, by beating hime immoderately and without any just cause [or as the case may be] and praying relief in respect thereof; the said M Mappeared, pursuant to his recognizance entered into before J P, esq. one of the suid justices, to answer to the complaint contained in the said petition; but not having proved any thing whereby to clear himself of the said complaint; and the said A A, on the contrary, having fully proved the said complaint to be true, to the entire satisfaction of the said court: We therefore, whose hands and seals are hereunto set, being four of the said justices,and of the quorum, do hereby order and declare that the said AA shall be, and he is accordingly hereby freed, exonerated and discharged from his said apprenticehood; and this is to be a final order between the said M M and A A, any thing in the indentures of apprenticeship contained to the contrary thereof in anywise notwithstanding. Given under our hands and seals the day and year first above written. This order must be inrolled by the clerk of the peace, or town clerk, pursuant to the statute;, and if it is not, the court of King's Bench will, on its being removed there, quash it. K. v. Halesowen, 1 Strange 99. Another form of such discharge, with an order to pay back part of the consideration. Monmouthshire. { At the general quarter sessions of the your be |