A P P R E 
the prefence of each other. The feflions quafliedthe order 
of removal. Bearcroft and Sayer, in fupport of the order 
of feflions, admitted that wherever the magiftrates are to 
exercife a judgment upon the fubject, it is neceflary they 
fhould meet, in order that their aft may be the ref'ult of 
their joint opinion ; as in making orders of removal, or¬ 
ders of filiation, and appointing of overfeers ; but contend¬ 
ed that where the juftices aided only minifcriatty as allow¬ 
ing a poor rate, they may act feparatel.y, and that the aflent 
of the juftices in the prefent cafe felt within the latter de- 
fcription. The words in 43 Eliat. c. z. f. r. by wi'ucli the 
parifh officers, by and with the confcnt of two juftices, are di¬ 
rected to raife competent turns for the relief of the poor, 
are nearly fimilar to thofe in the fifth fection of that ait, 
on \\ hicli the queftion arifes. For the words in this’claufe 
are, “ that it fhall be lawful for the churchwardens and 
overfeers, by the ajfcnt of two jujiices, to bind fuch children 
to be apprentices,. See.” And as under the fuff claufe the 
court faid in K. v. JuJiices of Borchcjler, “ The two juftices 
are necc-lFary to fign the rate only by way of form-,”' to un¬ 
der the fifth claufe they arc not to exercife any diferetion, 
it being left to tlie pariflr officers to judge of the propriety 
of binding out the apprentices. If indeed there be any 
difference between the penning of the two feitions, it is 
rather in favour of the confiruition now contended for in 
this inftance, namely, that the juftices may affent to the 
indenture fcpar&tdy, for, as was faid in Billings v. Binn, 
“ Aftcnt may be by individuals, confcnt by the body.” And 
great inconveniences will enfue from determining this in¬ 
denture to be void, becaufe it will invalidate many inden¬ 
tures in different parts of the kingdom, that are now fup- 
pofed to be binding; for, owing to the inconvenience of 
procuring a meeting of juftices in many places, it has been 
found neceffary to fign them feparately.—Leicefter contra 
was flopped by the court. L. Kenyon, Ch. J. Perhaps 
the rule requiring the concurrence of two magiftrates at 
the fame time, may be fometimes attended with inconve¬ 
nience. But the rule has been long fettled to be that the 
concurrence of juftices together is not neceflary where the 
act to be done is merely minifterial ; but they muft confer 
together and form a joint opinion, where the aft is of a 
judicial nature. It has been held (whether rightly fo or 
not we are not now to enquire), that the allowance of a 
poor rate is an aft merely minijlerial 5 and, that being once 
eftablifhed, the confequence refults that the two magi¬ 
ftrates need not meet when they allow the rate. The 
words indeed of the feftion on w hicli this queftion arifes 
are nearly fimilar to thofe ufed in the firft, under which 
the poor rate is to be allowed : but, when the nature of 
this cafe is confidered, it appears to be one of the mod 
ferious fubiefls that fall within the decifions of the jufti¬ 
ces. For they are empowered by this aft to take children 
out of the arms of their parents, and to bind them out as 
apprentices till they are twenty-one years of age. The 
law has made them the guardians for thofe children, who 
have no others to take care of them. And who ought to 
judge of the fitnefs of the perfons, to whom the poor chil¬ 
dren are thus to be apprenticed ? Not the overfeers ; they 
are frequently obfeure people, and perhaps in managing 
the bufinefs of the parifh are not always attentive to the 
feelings of parents. But the legiflature intended that the 
magiftrates fhould have a check and controul over the pa¬ 
rifh officers in this inftance; and in my mind they are 
called upon to examine with the 1110ft minute and anxious 
attention the fituations of the matters, to whom the ap¬ 
prentices are to be bound, and to exercife their judgment 
Solemnly and foberly before they allow or difallow the aid 
of the parifh officers ; for which purpofe it is neceflary 
that they fhould confer together.—Aflihurft, J. The aft 
of the juftices in this cafe is in its nature an aft of judg¬ 
ment. They are the guardiahs of the morals of the people, 
and ought to take care that the apprentices are not placed 
with mafters who may corrupt their morals. The juftices 
therefore fhould enquire particularly whether or not they 
ought to allow the binding fef the parifh officers; and I 
N T I C E. 
think they would be guilty, of a breach of duty if they im¬ 
plicitly gave their aflent without examining into, the cir- 
cumftances.of the cafe.—Buller, J. It is not eafily to be. 
reconciled with-any principle of common fenl'e to fay that 
an aid,, which is merely minijlerial, mujl be done with the con¬ 
fcnt of two juftices. And l much doubt whether the perfou 
who brought in the aft (43. Eliz. c. 2.) requiring the 
confent ot two magiftrates to the allowance of a. poor rate, 
intended, that the aft of allowing it fhould be only mini- 
fterial ; for it feCms abfurd to require the aflent of two 
juftices, and yet not to give them the power of withhold¬ 
ing it, if they leq occafion. But the legiflature lias not 
given them any authority to exercife their judgment upon 
that fubjeft; and therefore this court has faid, on the con- 
firuftion of that ftatute, that their allowance ofthe rate is 
merely minifterial. But the aft of aftenting to the bind- 
ing parifh apprentices is purely judicial ; for, on appeal, 
the juftices at the feflions are not only to conlider the pro¬ 
priety of binding out the apprentice, but alfo whether the 
mafter be bound to take him.—Grofe, J,. This aft is pe r 
euliarly of a judicial nature; for the magiftrates are ap¬ 
pointed the guardians .of thofe who have no other guar¬ 
dians. They fhould therefore exercife their judgment in 
this cafe with great deliberation. Order of feftion quafhed. 
Durnf. and Baft, 3 V. 33.0. 
By the feveral ltamp afts, the indenture muft be on a 
fix penny ftamped piece of paper or parchment; but if 
exempted from the additional ftamps and duties for money 
given with the apprentice. And by 32 Geo. III. c. 57. af¬ 
ter recitifig, that in indentures of parifh apprentices, it 
hath been ufual to infevt feveral agreements and cove¬ 
nants to. be done and performed by the feveral parties 
thereto,, and, amongft other tilings, that the mafter fhall, 
during the term of luch appren,ticefhi.p, find and allow to 
fuch apprentice, fufficient meat, drink, apparel, lodging, 
and all other things rreedtul for an apprentice; it is enactg 
ed, that in all paiifti indentures which fliall be made after 
ift July 1792, where no more than 5I. fliall be given with 
fuch apprentice, there fhall be annexed to the covenant in 
fuch indentures for fuch maintenance as aforefaid, a pro- 
vifo declaring, that fuch covenant fhall not be made to 
continue and be in force longer than three calendar months 
next after the death of fuch mafter,' in cafe he fliall die 
during the term of fuch apprenticefhip : and in cafe fuch 
provifo be omitted in fuch indenture, the covenant for 
maintenance fliall be in force for no longer time than three 
calendar months next after the death of fuch mafter, any 
thing in any fuch covenant the contrary notvvithftanding. 
f. ?. And, where any poor child fliall be appointed to be 
bound apprentice by the 43 Eliz. the perfon to whom he 
is appointed tp be bound fhall receive and provide for him, 
and alfo execute the other part of the indentures ; and it 
he fhall refufe io to do, path being thereof m^de by one 
of the churchwardens or overfeers, before two juftices, he 
ftiajff forfeit 10I. by diftrefs and fale, by warrant of fuch 
juftices, to the ufe of the poor; faving always to the per- 
l'on to whom any poor child fliall be appointed to be boon*! 
apprentice, if he fliall think himfelf aggrieved thereby, his 
appeal to the next feflions, whole order therein fhall be 
final. Sand 9Will. c. 30.1.5. And, as the churchwardens 
and overfeers have power to place out poor children, 
therefore they are proper judges of perfons who are fit to 
be their mafters; and thofe are, all perfons, who by their 
profeflion 01 manner of living have occafion to keep fei- , 
vants ; but the fame arc to be approved of by the juftices, 
and, if fuch mafter is diftatisfied, lie may appeal to the 
feflions. Balt, c, 5S, 
T. 13 Will. Minehamp's, cafe. Two juftices bound an 
apprentice to a merchant; He appealed to the feflions, and 
the order was di (charged, And now tjie court, in con- 
fideration ofthe matter, confirmed the order of feflions 5 
becaufe the adt having made perfons compellable to take 
apprentices, and given an appeal to the feflions,,.it was in 
the diferetion of the juftices at le (lions to determine, 
whether it was or was not riming ty put an apprentice 
upon 
