823 A P P R E 
apprentice •, and the reafon feems to be, becaufe, the ap¬ 
prentice being mod commonly an infant, the law prefumes 
that the juftice is more capable of judging what is for the 
infant’s benefit. 
On his appearance. E. 13 Will. Dillon's cafe. It was 
moved to qualh an order made for the difeharge of an ap¬ 
prentice. The queltion arofe upon the claul'e of the fta- 
tute which directs, that upon appearance of the matter, 
the apprentice may be difeharged by four juftices, after 
one juttice out of fedions hath endeavoured to compofe the 
matter in difference. And in this cafe it was objected, 
that Ditton the matter was bound over to appear, and did 
not ; and the juftices have but a limited jurifdiction, and 
it is exprefsly directed by the aCt, that the difeharge is to 
be made on the appearance of the matter ; belides, there 
is another remedy, to proceed on the recognizance which 
is forfeited by not appearing. By the court: The aCt 
mutt have a reafonable conttnuStion, fo as not to permit 
the matter to take advantage of his own obftinacy; and it 
would be very hard, that fuppofing the matter is profli¬ 
gate, and runs away, the apprentice lhall never be dil- 
charged. 2 Salk. 490. 
H. 5 Geo. K. and Gill. An order of feflions fordifeharg- 
ing an apprentice was quaffed, becaufe it did not fet forth, 
that the matter was fummoned, or did appear. Str. 143. 
So alfo, E. 8 Geo. II. K. and Eafman. The order was 
quafhed, becaufe it did not appear that the matter was 
prefent or funnnoned, which it is plain the adt intended 
he fltould be. Str. 1013. 
Inrclled by the clerk of the peace. T. 4 Geo. K. and inha¬ 
bitants of Hales Owen. The order of difeharge was not in- 
rolled ; and by the court for that reafon held ill. Str. 99. 
Shall be a fuffeient difeharge for the apprentice againjl his 
majlcr. But as the juftices may difeharge the apprentice 
from his matter, for ill ufage ; fo alfo they may difeharge 
the matter from the apprentice for evil and dii'orderly be¬ 
haviour. Read. Appr. 
Difeharge. T. 13 Will. A', and Johnfon. Exception was 
taken to an order of difeharge, that the juftices had or¬ 
dered money to be returned : But by the court, the order 
is food. And Holt, Ch. J. faid he never doubted of that 
matter, for it is a pow’er conlequential upon their jurifdic¬ 
tion to difeharge. 1 Salk. 68. But in the cafe of K. and 
Vandeleer , M. 4 Geo. The juftices at the feflions did order 
an apprentice to be difeharged, and that the matter, having 
received 5I. with him, fhould refund 3I. as a further pro- 
vilion for him. This was moved to be quaflied, becaufe 
the ttatute, which gives the juftices power to difeharge, 
wives them no authority to order any money to be return¬ 
ed. By the court: It is very hard, that, if the matter mif- 
ufeth the apprentice the next day after he is bound, he 
fhould pay back nothing if he is difeharged : it will be 
an encouragement to matters to treat their apprentices 
ill; but, the ttatute being Hlent, the order mutt be quaffed. 
Str. 69. Neverthelefs, this doctrine of refunding feemeth 
* now to be ettablilhed, is founded on great reafon, though 
not exprefsly mentioned in the aft; for the juftices being 
authorized to difeharge according to their difcrctipns ; when 
the end of the apprenticeffip cannot be attained with one 
perfon, it is but juttice the matter fhould return part of 
the money he has received with his apprentice, to place 
him out with a new matter. 2 Bac. Abr. 
In the chancery. Jan. 22, 1745. Ex parte Sanhy. The 
petitioner, on the tenth of Jan. 1744, was put apprentice 
to Ward, a bookfeller at York, and the fum of 80I. was 
given with him as an apprentice for feven years. In July 
following, aconuniffion of bankruptcy v as taken out againft 
Ward ; and, being declared a bankrupt, affignees were cho- 
fen, who fell off the bankrupt’s effects, and he is now the 
fupervifor of the prefs to the pitrchafer, and becomes in¬ 
capable of performing his part of the contrail, nor is the 
petitioner able to raife any money to put him out an ap¬ 
prentice to another matter ; and, the committion being a 
recent one, probably no dividend may be made in a year, 
or a year and a half; fo that all this time will be loft to 
N T I C E. 
the petitioner. Upon thefe circumftances, the petitioner 
prayed, that on deducting iol. out of the 80I. for his board 
with the bankrupt during the fix months he lived with 
him, the affignees fhould be ordered to pay him the fum 
of 70I. out of the effects of the bankrupt already come to 
their hands, and not oblige him to prove it as a debt un¬ 
der the commifiion. The lord-chancellor Hardwicke was 
at firft doubtful, and Teemed inclined to grant the petition ; 
but on ordering fearch to be made for precedents, and fe- 
veral being produced wherein it was directed that appren¬ 
tices lliould come in as creditors only, after dedudting for 
the time they lived with the bankrupt, upon the remain¬ 
ing fum ; it was ordered accordingly in this cafe, and that 
the petitioner fhould be admitted a creditor for 70I. only. 
1 Athyns, 149. 
Shall caufc due correclion and pvni/hment to be adminiflered. 
This being left indefinite, it feemeth 1110ft apnofite, that 
the juftice commit the apprentice to the houfe 01 corredtion 
for a time, to be kept to hard labour, or otherwife correc¬ 
ted, as the nature of the offence may require. 
By the 20 Geo. 11 . 0.19. “ On complaint unto two ju-f- 
tices, by any pari fit apprentice, or other apprentice upon 
whole binding out no larger a fum than 5I. was paid, con¬ 
cerning any mifufage, refufal of neceffary provifion, cruel¬ 
ty, or other ill treatment, they may fummon the matter or 
mittrefs, to appear before them at a reafonable rime to be 
named in fuch fummons ; and, on proof upon oath of the 
truth of the faid complaint, (whether the matter or ml ft re Is 
be prefent or not, if fervice of the fummons be alfo upon 
oatli proved,) the faid juftices may difeharge the appren¬ 
tice by warrant or certificate under their hands and ieals, 
for which warrant or certificate no fee fltall be paid.” f. 3. 
And by 32 Geo. III. c. 57. Where any parifh apprentice 
lhall be fo difeharged, fuch two juftices may order fuch 
matter to deliver up to fuch apprentice his clothes ; and 
alfo to pay to the churchwardens or overfeers of the place 
to which fuch apprentice {hall belong, any fum not exceed¬ 
ing iol. to be applied by them, under the order of fuch 
juftices, for the again binding out fuch apprentice, or other- 
wife for his benefit, as to fuch juftices lhall feem meet; and 
alfo to pay any fum not exceeding si. in cafe fuch matter 
lhall refufe to deliver up fuch clothes ; and on his refufal 
to pay the fum fo ordered, or any part thereof, fuch jufti¬ 
ces may levy the fame by diftrefs, together with the rea¬ 
fonable expences of fuch diftrefs. And fuch juftices may, 
if they think fit, compel fuch churchwardens and overfeers, 
or one of them, to enter into recognizance for the effec¬ 
tual profecution, by indictment, of fuch matter, for fuch 
ill treatment of any Inch apprentice fo difeharged as afore- 
faid ; and may alfo order that the expences of fuch prole- 
cution (ball be paid or reimburfed to fuch perfon entering 
into fuch recognizance as aforefaid, one moiety thereof 
out of the poor rates of the parilh or place to which fuch 
apprentice (hall belong, and the other moiety out of the 
countv rate in which fuch place lhall lie. And, in cafe the 
churchwardens and overfeers lhall refufe to pay fuch their 
moiety as aforefaid, fuch juftices may levy the fame by 
diftrefs on the goods and chattels of fuch churchwardens 
and overfeers, or any of them, together with the reafon¬ 
able charges of fuch diftrels. f. 11. 
“ And fiich juftices on complaint on oath by any matter 
or mittrefs, again!! any fuch apprentice, concerning any 
mifdemeanor, mifearriage, or ill behaviour, may hear and 
determine the fame, and punilh the offender, by commit¬ 
ment to the houfe of correction, there to remain and be 
corrected, and held to hard labour for a reafonable time, 
not exceeding one calendar month, or otherwife by dit- 
charging fuch apprentice.” 20 Geo. 11 . c. 19. 1 .4. 
And in all cafes where any parilh apprentice fnall be 
difeharged for miffehaviour as aforefaid, fuch two juft ces 
may commit fuch offender to the houfe of correction, to 
be corrected and kept to hard labour, for any time not ex¬ 
ceeding three calendar months. 32 Geo. III. c. 57. 1 . 13. 
Perfons aggrieved by any determination, order, or warrant, 
of fuch juftices (except any order of commitment), may 
appeal 
