the peace, or with fome proper perfon in fuch convenient place within each county, as the juftices fhall direct, and shall be produced by the perfon in whofe cuftody they are lodged (upon reafonable notice) at fuch time and place as any perfon fhall, by writing under his hand, require and appoint, on his paying the reafonable charges of producing the fame. Provided, that if the majority of the inhabitants of any parish, township, or place, be defirous that any person shall be fpecially appointed to examine the weights and balances within fuch places, and fhall (at a veftry to be holden for that purpose) nominate one or more fubftantial house holder or houfe holders, to be approved at a special feffions for the divifion, fuch perfon, being fo approved, thall have the fame power as any perfon appointed for the district. But no fuch appointment can be made, until the inhabitants have procured ftandard weights, to be deposited with the perfon fo appointed, for the use of such place; and fuch petty feffions may order the charges of procu ring fuch weights, and the recompenfe to be allowed to the perfon fo appointed for his trouble, to be paid out of the rate. Perfons obftructing those who are acting in the execution of this ftatute are liable to a penalty, not exceeding forty fhillings, nor lefs than five; and perfons punished under this act, fhall not be otherwife punished by any other law. But it is to be obferved, that thefe ftatutes apply to weights and balances alone, and not to meafures, and therefore in many parishes, which are regulated by fpecial acts of parliament, it has been found necesary to introduce a clause in their acts, enabling the felect veftry, or other regulating body, to appoint inspectors, both of weights and meafures. poor AUCTIONS. The fale by auction is not peculiar to modern commerce; the curious trace it to a remote period of antiquity, without afcertaining its origin. It poffeffes many advantages, not unmixed with fraud and inconvenience, but the benefits greatly outweigh the abufes. The mode of felling by auction generally practifed, is too well known to need defcription; a peculiar practice is that termed a fale by candle, which is when a fmall piece of candle being lighted, the by-ftanders are allowed to bid for the merchandize which is felling; but the moment the candle is out, the commolity is adjudged to the laft bidder. By 19 Geo. III. c. 56, and other ftatutes, every auctioneer is obliged to take out an annual licence of fix fhillings, in which must be fet forth his true name and place of abode; the penalty on omiflion is, within the bills of mortality 100 l., elfewhere 50%. The auctioneer, within the jurifdiction of the head excife office in London, muft alfo give bond to the king, with two fureties fureties, himself in 1000 7. and his fureties in 2001. each; that he will account for the fales, and pay the duties referved by the various ftatutes; in other places the fecurity is; the party in 500, and two fecurities in 50l. each. The duties on goods fold by auction are; on eftates, fhares in joint ftock of chartered companies, fhips, and reverfions, fixpence in the pound. Furniture, fixtures, pictures, books, horses, and carriages, and all other goods and chattels whatfoever, tenpence in the pound. And the auctioneer, befides the bond given on receiving his licence, gives a further bond with two fureties in 5000l. that he will, within fourteen days after every fuch fale, deliver an account thereof at the next excife office, and will not fell any goods contrary to the directions of the act. From thefe duties there are, for the benefit of trade, numerous exceptions; they are, piece goods fold by auction, wove in this kingdom, fold entire in the piece or quantity as taken from the loom, and in lots of the price of 20%. or upwards; and fold in no other than entered places, and openly fhewn and expofed at fuch fale. Corn and grain of every fort, flour and meal, pork, hams, bacon, cheese, and butter, imported into Great Britain, on the first sale. Goods imported by way of merchandize from Yucatan; elephant oil produced from fea cows or fea elephants; whalebone, ambergris, and head matter, fkins of feals, and other animals living in the fea; elephant's teeth, palm oil, dying wood, drugs and other articles for dyer's ufe; mahogany and other manufactured wood for the use of cabinet makers and other manufacturers, imported in British ships from Africa, America, or any British fettlement abroad, on the first fale at auction, by or for the account of the original importer; fo as fuch fale be made within twelve months after the goods are imported, and the fame be fold by a licensed auctioneer. The exemptions alfo extend to fales of estates or chattels made by the order of the court of chancery or exchequer, or courts of great feffions in Wales; any fales made by the Eaft India or Hudion's Bay companies; by order of the commiffioners of excife; the board of ordnance; commiffioners of the navy or victualling offices; by the fheriff, for the benefit of creditors, in execution of judgments; goods diftrained for rent, or non payment of tithes; effects of bankrupts fold by allignees; goods imported by way of merchandize from any British colony in America, being of the growth or manufacture of fuch colony, on the firft fale, on account of the original importer, fo as fuch fate be made within twelve months after importation; fhips or their cargoes condemned as prize, and fold for the benefit of the captors; fhips or goods wrecked or ftranded, fold for the benefit of the infurers, or VOL. III. C.c proprie proprietors; goods damaged by fire and fold for the benefit of infurers; auctions held on the account of the lord or lady of the manor for the granting any copyhold or cuftomary meffuages, lands, or tenements, for the term of a life or lives, or any number of years, to be created by the person on whofe account fuch action fhall be held; fales of wood, coppice, produce of mines or quarries, or materials for working the fame, or for the fale of any cattle, and live or dead ftock, or unmanufactured produce of land, fo as fuch laft mentioned fale be made whilft they continue on the lands producing the fame, and by the owner of such lands, or proprietor of, or adventurer in, such mines or quarries, or by their steward or agent. Many regulations are established for prevention of frauds in the collection of thefe duties; but, to encourage fales by auction, they are remitted on goods bought in, by the perfon putting them up to fale, or by his agent employed at the fale under a notice in writing figned as well by him as the perfon intended to be the bidder, being appointed by the owner, and having accordingly agreed to bid for the ufe of the feller. As few profeffions require a greater fhare of ability than that of an auctioneer, fo there are few in which industry, ability, and integrity have been more amply and honourably rewarded. On the other hand, in defcribing the cheats and fwindlers who infeft the metropolis, Mr. Colquhoun has the following paragraph. Swindlers who take out licences as auctioneers, and open fhops in different parts of the metropolis, with persons at the doors ufually denominated barkers, inviting strangers to walk in. In these places various articles of filver, plate, and houfehold goods are expofed to fale, made up on a flight principle, and of little intrinfic value; affociates, generally denomi nated puffers, are in waiting to bid up the article to a fum greatly beyond its value, when upon the firft bidding of the ftranger it is knocked down to him, and the money inftantly demanded; the goods however on being carried home and examined, are generally found to be very different in reality, from what their appearance exhibited, and upon a clofe examination the fraud is discovered. Neither the common law, nor the act of the 30th Geo. III. cap. 24, feem to be fufficiently broad and explanatory to include this fpecies of offence; and hence it is that this mode of felling goods continues with impunity, and seems to increase. It is not, however, meant here to infinuate that all petty auctions are fraudulent. It is to be hoped there may be fome exceptions, although, probably they are not numerous. APPRENTICES. In mechanical or handicraft trades, hufbandry, mercantile navigation, and fome other employments, a .fpecies fpecies of fervants is retained, under the name of apprentices fo called from apprendre, to learn. They are ufually bound for a term of years, and must be fo by deed indented or indentures, to ferve their mafters, and be maintained and inftructed by them. Sometimes very large fums are given with them, as premiums for fuch, their inftruction. There are many old ftatutes regulating the conditions of perfons who fhall take apprentices, and obliging fome to be bound, but many of these are become obfolete. But there are other statutes limiting the number to be entertained by each mafter, which in particular trades, are ftill adhered to; and no perfon can be bound to enter into any apprenticeship after the age of twenty-one. Indentures made. by infants are binding, provided they are for the term of feven years, but every indenture. of an infant, is voidable, at his election, on his attaining his majority. By various ftatutes, the church-wardens and overseers, or the greater part of them, by the affent of two juftices, may bind any fuch children, whofe parents they fhall judge not able to maintain them, to be apprentices where they fhall fee convenient, till fuch child, if male, fhall come to the age of twenty-one, and, if female, to the age of twenty-one, or be married; the fame to be as effectual to all purposes as if fuch child were of full age, and by indenture of covenant bound him or herself. By 32 Geo. III. c. 57, after reciting, that in indentures of parish apprentices, it has been ufual to infert feveral agreements and covenants to be done and performed by the feveral parties thereto, and amongst other things, that the master fhall, during the term of fuch apprenticeship, find and allow to fuch apprentice, fufficient meat, drink, apparel, lodging, and all other things needful for an apprentice; it is enacted, that in all parish indentures, where no more than 57. fhall be given with such apprentice, there fhall be annexed to the covenant in fuch indentures for fuch maintenance as aforefaid, a provifo declaring, that fuch covenant shall not be made to continue and be in force longer than three calendar months next after the death of fuch master, in cafe he fhall die during the term of fuch apprenticeship: and in cafe fuch provifo be omitted in fuch indenture, the covenant for maintenance fhall be in force for no longer time than three calendar months next after the death of fuch mafter; any thing in any fuch covenant to the contrary notwithstanding. If the mafter becomes infolvent, or fo far reduced as to be unable to employ or maintain fuch apprentice; two juftices, where fuch mafter lives, may, on request of the mafter, inquire into the matter, and discharge the apprentice; but this, only in cafes where no apprentice fee exceeding 57. has been given. The Cc 2 overfeers overfeers are obliged to regifter fuch apprentices in a book, which must be figued by two juftices, and if they refufe to produce, or if they obliterate or deface it, they are liable to a penalty of 51, and if the apprentice is affigned over during his apprenticeship, that is also registered. A mafter may by law correct and chastise his apprentice, for neglect or other misbehaviour, fo it be done with moderation: but he may not of his own accord discharge his apprentice, but if they cannot agree, the mafter is empowered by 5 Eliz. c. 4, to repair to one justice of the county, or to the mayor or other head officer of the city, town corporate, or market-town, or other place where the mafter dwells; who shall take fuch order and direction between the mafter and his apprentice as the equity of the cafe fhall require and if, for want of good conformity in the mafter, the juftice or head officer cannot compound and agree the matter, he fhall take bond of the faid mafter to appear at the next feffions; and on his appearance, and hearing of the matter there, if it be thought meet to discharge the faid apprentice, then the juftices, or four of them at the leaft, or the mayor or other head officer, with the confent of three other of his brethren, or men of best reputation in fuch city, town corporate or market-town, fhall have power, in writing under their hands and feals to pronounce and declare, that they have discharged the apprentice of his apprenticehood, and the cause thereof: and the faid writing, being inrolled by the clerk of the peace, or town clerk, amongst the records, fhall be a fufficient difcharge for the apprentice, against his mafter, his executors, and adminiftrators. And if the default fhall be found to be in the apprentice, then the faid juftices, or mayor or other head officer, with the affiftance aforefaid; fhall caufe fuch due correction aud punishment to be administered unto him, as by their wisdom and difcretion shall be thought meet. By other ftatutes, on complaint to two juftices, by any parifh apprentice, or other apprentice, upon whofe binding out no larger fum than 57. was paid, concerning any mifufage, refufal of neceffary provifion, cruelty, or other ill treatment, they may fummon the mafter or mistress, to appear before them, at a reasonable time to be named in fuch fummons; and on proof upon oath of the truth of the faid complaint (whether the mafter or mistress be prefent or not, if fervice of the fummons be alfo upon oath proved) the faid juftices may difcharge the apprentice by warrant or certificate under their hands and feals, for which warrant or certificate no fee fhall be paid. Where any parifh apprentice fhall be fo difcharged, the justice may order the mafter to deliver up to the apprentice his cloaths; and alfo to pay the church-wardens or overfeers |