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quarter sessions of the peace which shall be holden not less than twelve days after the day of such conviction or decision, for the county wherein the cause or complaint shall have arisen: Provided such person shall give to the other party, or leave with the convicting magistrate for him, a notice in writing of such appeal, and of the cause and the matter thereof, within four days after such conviction or decision, and eight days before such sessions, and shall also either remain in custody until such sessions, or enter into a recognizance with two sufficient sureties before a justice of the peace, conditioned to appear at the said sessions and try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given and recognizance entered into, the justice before whom the same shall be entered into shall liberate such person if in custody, and the court at such sessions shall hear and determine the matter of such appeal, and make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing the judgment. $ 2. The court of quarter sessions, at the request of either appellant or respondent, shall impannel a jury to try the matter on which such decision may have been made, and administer to such jury the following oath :
"You do solemnly swear that you will well and truly try the matter of the complaint of C. D. against E.F., and a true verdict give, according to the evidence-So help you God.".
And the court, on the finding of such jury, shall thereupon give such judgment as the circumstances of the case may require ; not, however, to exceed the amount of penalty or period of imprisonment that might be imposed or awarded under any law giving cognizance to the said justices, mayor or police magistrate. $ 3. Any appellant may abandon the appeal by giving the opposite party notice of such intention in writing six days before the sessions; and thereupon such convicting justice may tax the respondent's additional costs (if any), which shall be added to the original costs, and proceed on the original conviction or decision in the same manner as if no appeal had been had thereon.
By 16 V., c. 178, $ 26, reciting that doubts might exist whether under the above statute (13, 14 V., c, 54) appeals would lie from convictions under by-laws of municipalities, it is enacted, that in all cases of complaints against any person for committing any offence against any by-law of any municipal corporation in Upper Canada, all decisions, convictions and orders made by any justice of the peace, or any person by law authorised to act in that capacity, shall be
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subject to an appeal in the manner, and subject to the provisions prescribed in the above recited act.
It is also enacted that the several forms in the schedule to this act contained, or forms to the like effect, shall be deemed good, valid and sufficient in law.
On an appeal to the quarter sessions, under the 4 Wm. IV., C. 4, evidence may be received which was not offered to the convicting justices.-Cameron's D. p. 71.
See title “ Summary Conviction,” for the forms of notices.
Appeal in Criminal Cases. By 20 V. c. 61, § 1, any person convicted before any court of Oyer and Terminer and General Gaol Delivery, or Quarter Sessions, of any treason, felony or misdemeanor, may apply for a new trial to either of the superior courts of common law, where such conviction has taken place before a judge of either of such courts, or to such court of quarter sessions, when the conviction has taken place at such sessions, upon any point of law or question of fact, as in the case of any civil action. § 2. If such appeal be made to the quarter sessions, and a new trial refused, the party convicted may then appeal to one of the superior courts upon a case to be prepared by such party, and signed by the recorder or chairman: and such case shall be transmitted by the court to one of the said superior courts on or before the first day of the term next after; and such superior court shall have full power to hear and finally determine such appeal, and affirm such conviction, or order a new trial, or make such order as justice may require. $ 2. In case of conviction at any court of oyer and terminer or gaol delivery such application for a new trial must be made to such superior court in or before the last day of the first week of the term, next succeeding such court of oyer, &c., and upon such application, the court shall make such order either for affirming the conviction or granting a new trial, or otherwise, as the justice of the case may require. $ 4. If the superior court shall affirm such conviction, the party convicted may appeal to the court of error and appeal, but not unless allowed by such superior court, or two of the judges thereof in term or vacation, within six calendar months after such conviction affirmed, unless otherwise ordered by such court of error and appeal. $ 5. No sentence of death in any case of capital felony, shall be passed to take effect until the expiration of the term next succeeding the sitting of the court, at which such sentence of death shall be passed. $ 6. The judges of
the superior courts and of the said court of error and appeal authorised to make rules to carry out the provisions of this act. $ 7. This act not to affect the 14, 15, V., c. 13, except in so far as the same may be inconsistent.
APPRENTICES. An apprentice is one under age, who is bound by inden- . ture to serve his master or mistress for a term of years during his minority.
The 5 Eliz. c. 4, commonly called the Statute of Apprenticeship, provides and enacts, that all indentures for a less term than seven years shall be void. But now by statute 14 & 15 V. c. 11, a shorter term is legal.
It has been held not an indictable offence to entice away an apprentice from his mastsr, on the ground that it is not an act of a public nature, but a mere private injury, and therefore the proper subject of an action.-Rex v. Daniel, 6 Mod. 182; Rex v. Collingwood, 1 Salk. 380.
At common law, an apprentice stealing his master's goods is guilty of felony, if they were simply under his charge : but not so, if entrusted to him to keep for his master, this being a breach of trust only.—1 H. P. C. 505. This however was made felony by stat. 21 H. VIII. c. 7, in apprentices (not under eighteen years of age] embezzling to the value of forty shillings (a). It is a misdemeanor to solicit him to steal his master's goods, though no act be done by him as to the stealing.-Rex v. Higgins, 2 East. 5; Rex v. Collingwood, contra.
It is an indictable offence to refuse or neglect to supply necessaries to a child, a servant, or apprentice, whom a person is bound by duty or contract to provide for.—R. v. Friend, Russ. f Ry. 20.
The apprenticeship may be determined by the death of the master, or the apprentice coming of age.— Ex parte Davies, 5 Term Rep. 715; Chitty App. L. 79.
Differences between the Master and Apprentice. The master is allowed by law, with moderation, to chastise his apprentice.—Dalt. c. 68.
But if the master and his apprentice cannot agree, they may proceed upon any one of the following statutes, applicable to the facts and circumstances of the case :
By 5 Eliz. C. 4, § 35, if any master shall misuse or evil entreat his apprentice, or the apprentice shall have any just
(a) See also post title “ Embezzlement.”
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cause to complain, or the apprentice do not his duty to his master, then the master or apprentice being grieved and having cause to complain, shall repair unto one justice of the peace 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 discretion take such order and direction between the master and his apprentice as the equity of the case shall require.
And if for want of good conformity in the master, the justice of peace or the mayor or head officer cannot compound and agree the matter between him and his apprentice, then the justice, or the mayor or other head officer shall take bond of the master to appear at the next sessions then to be holden in the county, or within the city, town corporate or market town, to be before the justices of the said county, or the mayor or head officer of the town corporate or market town, if the master dwell within any such.
And upon his appearance and hearing of the matter before the justice, or the mayor or other head officer, if it be thought meet unto them to discharge the apprentice of his apprenticehood, then the justices, or four of them at least, whereof one to be of the quorum, or the mayor or head officer, with the consent of three other of his brethren, or men of best reputation within the city, town corporate or market town, shall have power by authority hereof, in writing under their hands and seals, to pronounce and declare that they had discharged the apprentice of his apprenticehood and the cause thereof; and the writing so being made and enrolled by the clerk of the peace or town clerk amongst the records that he keepeth, shall be a sufficient discharge for the said apprentice against his master, his executors and administrators, the indenture of apprenticehood or any law or custom to the contrary notwithstanding.
And if the default shall be found to be in the apprentice, then the justices, or the mayor or other head officer, with the assistance aforesaid, shall cause such due correction and punishment to be ministered unto him, as by their wisdom and discretion shall be thought meet.
(a) By 20 G. II. c. 19, § 3, it shall and may be lawful to and for any two or more justices of the peace of the county, riding, city, liberty, town corporate or place where such master or mistress shall inhabit, upon any complaint or
(a) It is questionable whether this and the following statutes, 6, G. 3, c. 25, have not been virtually repealed or superseded by provincial statute 14, & 16 V. c. 11.
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application by any apprentice, upon whose binding out no larger a sum than five pounds of lawful British money was paid, touching or concerning any misusage, refusal or necessary provision, cruelty or other ill-treatment of or towards such apprentice, by his or her master or mistress, 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 matters 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 justice may discharge such apprentice by warrant or certificate under their hands and seals, for which warrant or certificate no fee shall be paid.
And by $ 4, it shall 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.
By $5, provided, that if any person or persons shall think himself, herself or themselves aggrieved by such determination, order or warrant, of such justice or justices as aforesaid, (save and except any order or commitment,) he, she or they may appeal 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 empowered to hear and finally determine the same, and to give and award such costs to any of the respective persons, appellant or respondent, as the said sessions shall judge reasonable, not exceeding forty shillings; the same to be levied by distress and sale.
By $ 6 and 7 it is also provided, that no certiorari or other process shall issue or be issuable to remove any proceedings whatsoever had in pursuance of this act into any of her Majesty's courts of record at Westminster.
By 6 G. III. c. 25, if any apprentice (except such whose master shall have received with such apprentice the sum of ten pounds) shall absent himself from his master's service before the term of his apprenticeship shall be expired, every