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month after the happening of the event upon which such right of election arises, but not otherwise.
§ 10. That the provisions of a certain act of the parliament of this province, passed in the session thereof held in the thirteenth and fourteenth years of the reign of our sovereign lady Queen Victoria, intituled, An Act to extend the right of appeal in certain cases in Upper Canada, shall be held to extend and apply to all cases arising under this act, or having any reference thereto.
§ 11. That nothing in this act shall be construed to deprive the court of quarter sessions of primary jurisdiction over offences committed against this act, but that whenever the said court of quarter sessions shall be called upon to adjudicate in any matter or case arising under this act, in addition to the powers now possessed by such court, it shall have power
and discretion in cases where it shall appear necessary for the full and perfect administration of justice, to annul any apprenticeship, and compel the parties to the indenture of apprenticeship to deliver the same up to be cancelled, and make such further order as the circumstances may require.
$ 12. That all fines imposed and collected under this act shall be paid to the chamberlain of the city, or to the treasurer of the county or town respectively, where the offence was committed.
§ 13. That the word “master," when it occurs in this act, shall include any person or number of persons, male or female, carrying on business singly or in co-partnership; and words importing the singular number or masculine gender, shall include several persons, and males as well as females, unless there be something in the subject inconsistent with such interpretation.
$ 14. That any minor over the age of sixteen years having no parent or legal guardian, or who shall not reside with his parent or guardian, who shall, after the passing of this act, enter into any engagement written or verbal to perform any service or work, shall be subject to the same legal provisions, and have the same benefit as if such minor had been of legal age at the time of making such agreement.
§ 15. That this act shall extend only to Upper Canada.
The forms found under the title “Summary Conviction" may be used in proceedings under this act.
Common form of Indenture of Apprenticeship. This Indenture witnesseth, that A. B. of the age of years, the son of B. C. of the township of
in the county
of , yeoman, by and with the consent of his said father, doth pui himself apprentice to C. D. of the city of Toronto, shoemaker, to learn his art, and with him, after the manner of an apprentice, to serve, from the day of the date of these presents, unto the full end and term of years from thence next following, to be fully complete and ended ; during which term the apprentice his master faithfully shall serve, his secrets keep, his lawful commands every where gladly do: he shall do no damage to his said master, nor see it to be done of others, but to his power shall let or forthwith give warning to his said master of the same: he shall not waste the goods of his said master, nor lend them unlawfully to any: he shall not commit fornication nor contract matrimony within the said term : le shall not play at cards, dice tables, or any other unlawful games, whereby his said master may have any loss with his own goods or others, during the said term, without license of his said master : he shall neither buy nor sell : he shall not baunt taverns or play houses, nor absent himself from his said master's service day or night, unlawfully, but in all things as a faithful apprentice he shall behave himself towards his said master and all his, during the said term. And the said D. C. in consideration of the faithful services of the said apprentice, and of the sum of £ of lawful and current money of the pro vince of Canada, to him in hand paid by the said B. C. at or immediately before the execution hereof, the receipt whereof is hereby acknowledged, his said apprentice in the art of a shoemaker which he useth, by the best means that he can, sball teach and instruct, or cause to be taught or instructed, finding and providing unto the said apprentice sufficient meat, drink, lodging and all other necessaries, during the said term, and moreover, (here add any special contract for wages, in case any are to be paid to the apprentice), and for the true performance of all and every the said covenants and agreements, each of the said parties bindeth himself unto the other, and others of them firmly by these presents. In witness whereof, the parties above named to these indentures interchangeably have put their hands and seals, at the city of Toronto aforesaid, the day of in the year of our Lord 18 Signed, sealed, and delivered? A. B. L. S. in the presence of
B. C. ĈL. S.
Eliz. c. 4, (Burn.)
To the Constable of the Township of to wit: Whereas complaint and information hath been made unto me one of her Majesty's justices of the peace in and for the said county, by A. B., apprentice to C. D., of
the said township, shoemaker, that the said C. D. hath misused and evil entreated him the said A. B., (by cruel punishment, and beating him the said A. B. without just cause, and by not allowing unto him sufficient meat, drink apparel, or as the case may be). These are, therefore, in her Majesty's name, to command you to summon the said C. D. to appear before me, at the house of , in the said township, on the
at the hour of in the afternoon of the same day, to answer unto the said complaint, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the
&c. Summons of the Apprentice on complaint of the Master, on
5 Eliz. c. 4, (Burn). PROVINCE OF CANADA: County of
To the Constable of to wit: Whereas complaint and information hath been made unto
one of her Majesty's justices of the peace in and for the said county, C. D. of , in the said county, shoemaker, that A. B., now being an apprentice to him the said C. D., is negligent, stubborn, disorderly (or as the case may be), and doth not his duty to him his said master. therefore, to command you to summon the said A. B. to appear before me at , in the said township, on the at the house of . in the afternoon of the same day, to answer the said complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal, &c. Form of Recognizance to appear at the Sessions.
See the usual form-title “ Recognizance." The condition of the above recognizance is such, that if the above bounden C. D. shall and do appear at the next general quarter sessions of the peace to be holden in and for the county of York, and then and there answer to a complaint to be preferred against him by A. B. his apprentice, and not depart the court without leave, then this recognizance to be void.
Taken and acknowledged, &c. Order of discharge by four Justices at the Sessions, on the
5 Éliz. c. 4, (Burn). County of At a general quarter sessions of the peace, to wit:
holden at in and for the said county, the day of
in the year of the reign of our Sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, and so forth, before justices of our said Lady the Queen, assigned to keep the peace in the said county, and also to hear and de
termine divers felonies, trespasses and other misdemeanors in the said county committed, and of the quorum-it is ordered as followeih :
Upon the petition of A. B., apprentice to C. D., of in the said county, shoemaker, to be relieved upon certain neglects of the said master in instructing him in his trade, and in misusing and evil entreating the said apprentice by cruel punishment (or as the case may be). And the said master having likewise appeared, upon his recognizance taken before J. P, Esquire, one of the said justices, to answer to the complaint of the said petitioner, and having proved nothing whereby to clear himself of the said complaint; but on the contrary, the said A. B. having given full proof of the truth of the said complaint, to the 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, pronounce and declare, that the said apprentice shall be, and is hereby discharged and freed from his said apprenticehood. And this is to be a final order betwixt the said master and apprentice, any thing in their indenture of apprenticeship, or otherwise to the contrary notwithstanding. Given under our hands and seals, the day and year first above written.
Assignment of an Apprentice.
send greeting: Whereas my apprentice A, P., hath divers years yet to come, and unexpired of his apprenticeship, to wit: from the day of
now last past, as by his indenture of apprenticeship to me sealed doth appear. Now know ye, that I, the said A. M., for divers good causes and considerations, me hereunto moving, have given, granted, assigned and set over, and by these presents do fully and absolutely give, grant, assign and set over, unto A. S. of all such right, title, duty, term of years to come, service and demand whatsoever, which I, the said A. M., have in, or to the said A, P., or which I may or ought to have in him by force and virtue of the said indenture of apprenticeship; and moreover I, the said A. M., do by these presents covenant, promise and agree, with and to the said A. S., his executors and administrators, that notwithstanding any thing by me, the said A. M., to be done to the contrary, the said A. P. shall, during the said term of years, well and truly serve the said A. Š., as his master, and his commandments lawful and honest shall do, and from his service shall not absent himself during the said term; provided, that the said A. S. shall well entreat and use him the said A. P., and him the said A. P., in the craft, mystery and occupation of a
, which he the said A. S. now useth, after the best manner that he can or may, shall teach instruct and inform, or
whole years cause to be taught, instructed and informed, as much as thereunto belongeth, or in anywise appertaineth, and shall also, during the said term, find and allow unto the said A. P. sufficient meat, drink, apparel, washing, lodging, and all other things needful or meet for an apprentice. In witness, &c.
APPROVERS. An approver is a person who (when indicted of treason or felony and arraigned for the same),.confesses the fact before plea pleaded, and appeals or accuses others, his accomplices of the same crime, in order to obtain his pardon; in this case he is called an approver. Such approvement can only be in capital offences, and is as it were, equivalent to an indictment; for the appellee is equally called upon to answer it; and if he hath no reasonable or legal exceptions to make to the approver, (which were formerly very numerous), he must put himself upon his trial, and if found guilty must suffer judgment, and the approver shall have his pardon ex debito justitiæ.
On the other hand, if the appellee be acquitted, the approver shall receive judgment to be hanged, upon his own confession of the indictment; for the condition of his pardon has failed, viz., the convicting of some other person, and therefore his conviction remains absolute.--3 Inst. 129; 4 Bl. Com. 230; 2 Hale, c. 4, 29; 2 Haw. c. 24.
But this course of admitting approvements has long been disused, and the law upon the subject is now become merely matter of curiosity. But what has most contributed to render the system of approvement obsolete, is the practice which has now prevailed for many years, of the committing magistrate admitting an accomplice to become a witness (or as it is generally termed king': evidence) against his fellows, upon an implied confidence, which the judges of gaol delivery have usually countenanced and adopted, that if such accomplice makes a full and complete discovery of that and all other felonies, to which he is examined by the magistrate, and afterwards gives his evidence without prevarication or fraud, he shall not himself be prosecuted. Bl. Com. 331. And see post title “King's Evidence.”
ARBITRATION. By 9 & 10 W., c. 15, § 1, all merchants and others, desiring to end any controversy (for which there is no remedy but by personal action or suit in equity) by arbitration, may agree that their submission of the suit to the award of any persons shall be made a rule of her Majesty's courts of record,