or over such guardians or overseers respectively, and they are hereby bound out as pauper required, so long as such young person shall be under the age apprentices of sixteen, and shall be known to them to reside as servant or to be visited apprentice in the same service into which such young person periodically shall have so gone as a servant from such workhouse or as such by officer of apprentice within such union or parish respectively, or within guardians five miles of any part of such union or parish, to cause the relieving officer, or, where there is no relieving officer, then some other officer duly authorized for the purpose, to visit such young person at least twice in every year, and to report to them in writing whether he has found reason to believe that such young person is not supplied with necessary food, or is subjected to cruel or illegal treatment in any respect. seers. hired or bound to from unions or parishes. 5. That where any young person under the age of sixteen As to young shall hereafter be hired or taken as a servant from the work- persons house of any union or parish, or shall be bound out as an apprentice by the guardians of any union, or by the guardians masters reor overseers of any parish, and the residence of the master or siding at a mistress shall be more than five miles from any part of such distance union or parish, then a written notice of such hiring, taking, or binding, specifying the name and age of the apprentice or servant, and the name, description, and residence of such master or mistress, shall be forthwith sent from such guardians or overseers to the guardians or overseers of the union or parish in which such master or mistress shall reside; and thereupon it shall become the duty of such last-mentioned guardians or overseers to cause the particulars contained in such notice to be registered in some book or books, to be provided by them for the purpose, together with the name of the union or parish from which such notice shall have been received; and such last-mentioned guardians or overseers shall cause such young person to be visited as frequently and in the same manner in all respects as if such young person had been hired or taken from their own workhouse, or had been bound out as an apprentice by themselves. seers autho 6. That where any complaint shall be made of an offence Guardians against this act, or of any bodily injury inflicted upon any poor and over. person under the age of sixteen years, for which the party com- rized and mitting it is liable to be indicted, and the circumstances of required to which offence amount in point of law to a felony or an attempt prosecute to commit a felony, or an assault with intent to commit a felony, in certain and two justices of the peace before whom the examination is cases. taken shall certify under their hands that they deem it necessary for the purposes of public justice that the prosecution should be conducted by the guardians of the union or of the parish, or where there are no guardians by the overseers of the parish, in which the offence shall have been committed, such guardians or overseers, as the case may be, shall, upon personal service of such certificate or a duplicate thereof upon the clerk of such guardians, or upon any one of such overseers, conduct the prosecution, and shall pay the costs reasonably and properly incurred Costs of by them therein (so far as the same shall not be allowed to the prosecution. under any order of the Court trying the indictment, or of t Court of Queen's Bench), out of the common fund of the uni or out of the funds in the hands of the guardians or overseer (as the case may be) of such parish. Justice em bind over 7. That in the case of a union or parish under a board of powered to guardians the clerk or some other officer of such union or parish and in the case of a parish not under a board of guardians on of the overseers thereof, may, if such two justices of the peace or overseer before whom the examination is taken shall deem it necessa to prosecute. officer of guardians Interpreta tion of terms. Extent of act. for the purposes of public justice and shall certify as berei before mentioned, be bound over to prosecute. 8. That the words "guardians," "union," "overseers," " tice of the peace," "officer," "poor," "parish" and "workhouse," used in this act, shall be construed in like manner as in the act of the fifth year of the reign of King William the Fourth, chapter seventy-six. 9. That this act shall extend only to England and Wales. fraud or misfeasance, 65. not for accident, 65. or soliciting future custom from master's customers, for money had and received, 67. servant cannot set up jus tertii, 67. presumption of payment from course of dealing, 68. Master v. Third Person, 77. for enticing away, 78. or harbouring servant, 79. servants' earnings, 80. personal injuries to servant, 83. seduction of female servant, or child, 85. Servant v. Master, for refusing to receive him, 92. wrongful discharge, 93, 95. not supplying food and medicine, 116. indemnity from consequences of obeying master's Servant v. Third Person, for loss of his luggage, where master paid carriage, 213. ACTION BY, Third Person v. Servant, upon contracts made in his master's behalf, 194. for money paid to servant on account of his master, 200. if paid by mistake and not paid over, 206. for money given to servant by master to be paid to third for money obtained wrongfully by servant, 203, 205. misfeasance, 213. nonfeasance, 213. fraud, 218. ADMISSION, of liability, effect of when made by master, 125. by servant when not binding on master, 130. signature of agreement by, 25. contract of hiring and service by, 2. parish apprentices, 8, n. (r). bound to sea service, ib. to watermen, &c, on the Thames, ib. to chimney sweeps, ib. neglecting to supply with sufficient food, 117, 547. ARBITRATION, order clothes to be given up and return order payment of wages to, 309. of disputes between masters and servants, 318. appointment of referees, 319. meetings and proceedings of arbitrators, 321. ASSAULT, by servant on master, 256. in pursuance of conspiracy to raise wages, 256. ASSIGNEES, of insolvent or bankrupt not entitled to wages of his personal entitled to stipulated penalty for not employing bank- ATTORNEY, to corporation can only be appointed by deed, except in Lon- AUTHORITY. And see LIABILITY. of servant, rule as to extent of implied, 125. AWARD. See ARBITRATION. form of, when disputes referred to arbitration, 327. BAIL, justices have discretion in admitting to, persons charged with may sue for wages for his own personal labour, 14. but not for liquidated damages on breach of contract to employ, 14. when liable to pay wages after bankruptcy, 15, 107. provisions of Bankrupt Act for wages of clerks and servants, labourers and workmen, 111. practice previous to 6 Geo. 4, c. 16, s. 48,-107. service, to come within the act, must be under a contract, 100. not within it, 110. out of what money wages to be paid, 111. where dispute referred to arbitration under 5 Geo. 4, c.96,-325. liability of servant upon, when drawn on behalf of master, 196. BURGLARY, after discharge, 143. by servant in master's house, 256. CARRIER, liable for acts of servant, 154, 213, n. (o). by land, limitation of liability, 153, n. (z). water, 154, n. (a). liable to servant for loss of his luggage, though master paid the CERTIFICATE. See BANKRUPT. of third person when necessary to entitle servant to wages, 104. BB |