5 Eliz. C. 4. s. 18. Eng. s. 19. $.20. and rate and appoint the wages of all artificers, handicraftsmen, husbandmen, or apprentices of husbandry, or other labourers, servants, or workmen, by the year, or by the day, week, month, or otherwise, with meat and drink, or without; which rates shall be ingrossed in parchment, and kept amongst the records of the county or town corporate, and be proclaimed by the sheriff or mayor in such places as to them shall seem convenient. And by s. 18. if any person shall retain or keep any servant, workman, or labourer, or give any greater wages than appointed by said proclamations, contrary to this statute, he shall, on conviction before any of the said justices or head officers, be imprisoned for 10 days, and forfeit £5. And by s. 19, every person that shall be so retained, and take wages contrary to the said statute or proclamation, and be convicted before the justices aforesaid or any 2 of them, or before the mayor or other head officers, &c. shall be imprisoned for 21 days. And by s, 20. every retainer, promise, gift, or payment of wages, or other thing, contrary to said act, and every writing and bond to be made for that purpose shall be void. This statute (s. 12.) defines the time of working for artificers and labourers, between March and September, and September and March. And by s. 22. all artificers and persons meet to labour are compellable to work in harvest, upon pain of imprison33!len. 8. st. 1. ment in the stocks for 2 days and a night. By the 33 Hen. 8. st. 1. c. 9. Ir. the justices of peace in every county shall, in their sessions holden within one month lated in Ireland. after Easter and Michaelmas, having respect to the price of victuals and other necessaries, make proclamations how much every artificer and labourer shall take by the day, both with meat and drink, and without, between said sessions; and also at the sessions next after Easter, how much every servant at husbandry shall take by the year following, with meat and drink: and every of them that shall take any thing contrary to the said proclamation, shall forfeit the thing so taken, and be imprisoned by the discretion of the justices at their sessions; half of said forfeiture to the king, and the other half to the informer. And by the 47 Geo. 3. st. 1. c. 43. I, the provisions of s. 1.2. 8. 22. c. 9. Ir. Wages regu 4 Geo. 3. st.1. c. 43. L. this act are declared to extend to all counties of cities and counties of towns, in respect to which no special provision has been made by any act of parliament for 2 Geo. 1. c. 17. Mode of re covering wages. ascertaining such wages. For the more easy recovery of wages, the 2 Geo. 1. c. 17. s. 1. Ir. empowers any justices. 1. Ir. of the peace of the county where the master or mistress. dwells, not living more than 5 miles from such dwelling place, and if no justice live within 5 miles, then the next neighbouring justice, and every chief magistrate of any city or town corporate, upon the complaint of any. day-labourer, artificer, or servant, whose demand for wages shall not exceed £3., upon oath that he cannot receive his wages, to summon in writing such master, &c. or person employing such artificer (not being a peer or peeress of this kingdom) to appear before him; in which summons the sum demanded shall be expressed, and the place and time for such person's appearance, (for which summons the said justices, &c. or their clerk, may take 6d.;) and in case the said master, &c. shall not appear, then said justices, &c. upon proof on oath that said summons was delivered to said master, &c. or to his son, daughter, or menial servant, of the age of 16 years or upwards, at the usual place of abode of such master, &c. may proceed to hear and determine said demand by examining witnesses, and parties, upon oath; and if the sum adjudged shall not be paid within 10 days, such justice, &c. may by warrant direct the same to be levied by distress and sale, as also 6d. for the summons, 6d. for the warrant, and 12d. for the constable. But by s. 10. all complaints under this act must be exhibited, by servants within 3 calendar months after they are dismissed or leave their service; by artificers or day labourers within 3 months after they have done their work; and by masters, &c. within the same period after the cause of complaint shall arise. s. 10 tween master There are various statutes in England giving a juris- Differences bediction to justices of peace in respect to the disputes and servant, &s. between masters and their workmen, in several branches of trade and manufacture. But the 20 Geo, 2. c. 19. Eng. 20 Geo. 2. c. 19. Eng. (as amended by the 31 Geo. 2. c. 11. Eng.) is of a general na- 31 Geo.2. c.11. ture, which provides, that all differences and disputes be- Eng. tween masters or mistresses, and servants [in husbandry ... Ir. hired *Not in 25 Geo. c. 25Geo.2.c.8. Ir. +£3 by the 25 Geo.2.c.8. Ir. s. 2. Not in the 25 Geo.2.c.8. Ir. hired for one year or longer, or for a less time,] and artificers, handicraftsmen, miners, colliers, keel-men, pitmen, glass-men, potters and other labourers, shall be determined by 1 justice of peace of the county, &c. where such master, &c. shall inhabit, or by the mayor, or other head officer where such complaint shall be made; which said justice, &c. may examine upon oath any such servant, &c. or witness, and summon such master to appear before him within a reasonable time, not less than 48 hours; and order reasonable payment of wages to such servant, &c.; *£5. by the provided that the sum in question do not exceed [£10.*] with regard to any servant; nor [£5.†] with regard to any artificer, &c.; and in case of refusal, or non-payment by the space of 21 days after such determination, such justice, &c. may levy the same by distress and sale. And by s. 2. such justice, &c. on complaint of the master, &c. upon oath concerning any misdemeanor or ill-behaviour in his service or employment, [falthough no assessment of wages has been made that year,] may determine the same and punish the offender by commitment to the house of correction for any time not exceeding 1 calendar month, or by abating some part of his wages, or by discharging such servant, &c. from his service or employment; and in like manner, such justice, &c. may upon any complaint upon oath by any such servant, &c. against such master, &c. concerning any misusage, refusal of necessary provision, cruelty, or other ill treatment, summon such master, &c. to appear at a reasonable time, and discharge such servant, &c. whether such master, &c. shall appear or not, proof being made upon oath of his being duly summoned; which discharge shall be given gratis under the hand and seal of such justice, &c. But by s. 5. if any person shall think himself aggrieved by any determination, &c. under this act (except any order of commitment) he may appeal to the next general quarter sessions of the county, &c. where such determination shall be made, which sessions may finally determine the same, and award costs, not ex§£5. by the ceeding [40s.§] to the appellant or respondent. And by s. 6. no writ of certiorari shall issue to remove any proceedings under this act. The 25 Geo. 2. c. 8. Ir. as amended by the 29 Geo. 2. c. 8. Ir. contains similar provisions. By s. 5. 25Geo.2.c.8. Ir. s. 6. the the 6 Geo. 3. c. 25. s. 4. Eng. any artificer, &c. who shall 6 Geo. 3. c. 25. s. 4. Eng. not fulfil his contract, or be guilty of other misdemeanor, may be committed by a justice, &c. to the house of correction for 3 months, or not less than 1 month. serve. § 2. *Vide Burn's Justice, Tit. s. 35. II. Next as to apprentices, the 5 Eliz. c. 4. Eng. contains several provisions, enabling householders to take as Apprentices compellable lo apprentices, the sons of freemen not occupying husbandry, nor being labourers, to serve in husbandry, and to exer- 5 Eliz. c. 4. cise trades in corporate towns and other market-towns and places, but under certain restrictions as to the value of the parent's estate, and the number of apprentices, &c. which seem to be obsolete.* And by this statute (s. 35.) if any person shall be required by any householder using half a plough-land at least in tillage, to be an apprentice, and to serve in husbandry, or in any art, mystery, or science herein expressed, and shall refuse so to do, then on complaint of such housekeeper to a justice (or head officer) he shal! send for the person refusing, and if he shall think him meet to serve, and such person refuse to be bound, he shall commit him to ward until he will be bound. But by s. 36. no person shall be bound to enter into any apprenticeship, other than such as be under the At what age. age of 21 years. And by s. 25. such binding must be by s. 25. & 41. deed indented. And by s. 41. all indentures, covenants, promises, and bargains for having or taking apprentices, indenture. otherwise than as directed by this statute, shall be void; and every person that shall take an apprentice contrary s. 36. Binding to be by s. 31. to this statute shall forfeit £10. By s. 42. & 43. every s. 42. & 43. person who shall be bound by indenture to serve as an apprentice, in any art, science, occupation, or labour, according to this statute, albeit he be within the age of 21 years, shall be bound to every intent, as if he were of full age at the time of making the indentures. And by s. 31. no person shall set up, occupy, use or exercise any craft, mystery, or occupation now used or occupied within the realm of England or Wales, except he shall be brought up therein 7 years at least as an apprentice by this statute; nor to set any person on work therein, except he shall have been apprenticed as aforesaid, or else having served as an apprentice will become a journeyman, or be hired by the year; on pain of forfeiting 40s. None to exercise trades who have not served as ap prentices. Exceptions. 40s. for every month. But a special exemption is made as to makers of linen cloth, and other manufactures of hemp and flax, and makers of tapestry-hangings by the 15 Car. 2. c. 15. 15 Car. 2. c. 15. Eng. And by the 6 & 7 W. 3. c. 17. s. 12. 6 & 7W.5.c.17. Eng. any apprentice discovering and convicting 2 of fenders guilty of coining, shall be deemed a freeman, and Eng. s. 12. Eng. Binding of poor apprentices. 43 Elz. C. 2. s. 5. Eng. Eng. 21 Jac. 1. c. 28. s. 1. Eng. 3 Car. 1. c. 4. s. 22. Eng. 8 & 9 W. 3. c. 30. s. 5. Eng. may exercise his trade as if he had served out his time. By the 43 Eliz. c. 2. s. 5. Eng. as amended by the 18 Geo. 3. c. 47. Eng. the church-wardens, and overseers of the poor, or the greater part of them, by the assent of 2 jus18 Geo.3. c.47. tices (one to be of the quorum) may bind any children, whose parents they shall judge not able to maintain them, to be apprentices, where they shall see convenient, till such man-child shall come to the age of 21, and such woman-child to the age of 21 or marriage. And by the 21 Jac. 1. c. 28. s. 1. and 3 Car. 1. c. 4. s. 22. Eng. all persons to whom the overseers shall so bind any apprentices, may take and keep them as apprentices. By the 8 & 9 W. 3. c. 30. s. 5. Eng. where any poor child shall be appointed to be bound apprentice, the person to whom he is appointed to be bound shall receive and provide for him, and also execute the other part of the indentures; and if he shall refuse so to do, oath being thereof made by one of the church-wardens or overseers before 2 justices, &c. he shall forfeit £10. to the use of the poor of the parish or place; saving always to the person to whom any poor child shall be appointed to be bound apprentice, his appeal to the next sessions, whose order therein shall be 20 Geo. 3.c.36. final. And the 20 Geo. 3. c. 36. Eng. (amended by the 42 Geo. 3. c. 46. E.) contains a similar provision, in respect to binding apprentices in hundreds or other districts Jac. 1. c. 3. incorporated by act of parliament. The 7 Jac. 1. c. 3. Eng. regulates the application of money given to bind poor 2 & 3 Anu, c. 6. apprentices. And by the 2 & 3 Ann. c. 6. Eng. it shall be lawful for 2 justices in counties, &c., and for the head offiBinding to the cers in corporations, and for the church-wardens and Eng. 42 Geo. 3. c. 46. E. Eng. Eug. seu service. overseers of the several parishes with the consent of such justices, &c. to bind out any boy at the age of 10 years or upwards who shall be chargeable, or whose parents shall be chargeable, or who shall beg for alms, to be an apprentice to the sea service, to any subject being master or |