Apprentices Act 1894 (NSW)

No. XXII.

An Act to consolidate and amend the law

relating to Apprentices. [1st June, 1894.]

BE i t enac ted by t h e Queen ' s Mos t Exce l l en t Majesty, by and t h e advice and consent of t h e Legis la t ive Council and Legisla­

w i t h

t ive Assembly of N e w South Wales in P a r l i a m e n t assembled, a n d b y

t h e au thor i ty of t h e same, as follows :—

1. This A c t m a y be cited as t he " A p p r e n t i c e s Act , 1894 ," and

shal l come in to operat ion on the first day of J u l y , one thousand e ight

hund red and ninety-four .

2. The Acts specified in t h e Firs t Schedule here to are to t h e

e x t e n t men t ioned in t h a t Schedule , as well as al l other s ta tu tory

provisions inconsis tent herewi th , hereby repealed : Provided t h a t such repeal shall no t affect any inden tu re or ass ignment of apprent icesh ip en te red in to , executed, or made , or a n y summons , complaint , applica­ t ion, order, direction, certificate, war ran t , or other proceeding, ma t t e r , or t h i n g commenced, had, or issued in N e w South Wales before t he passing of th is Act .

3. The word " M a s t e r " as used in th i s A c t shal l m e a n any

person ca r ry ing on any t rade , ar t , business, or m a n u a l occupat ion

u p o n his own account , or any Official or Company hereinaf ter specified, res ident or established in N e w South Wales , save as is ment ioned in t h e n e x t succeeding section hereof, to w h o m or to which any child, ma le or female, shall be bound apprent ice b y inden tu re or by assign­ m e n t of i nden tu re , such as is prescribed by t h e e leventh and twelf th sections hereof. A n d t h e word " M a s t e r " as so used shall be t a k e n to include t h e word " Mistress " as well and as fully as if t h e l a t t e r expression were repeated whenever t h e former occurs.

4 . The word " A p p r e n t i c e " as used in th is A c t shall m e a n any

such child as is referred to, a n d so bound as is expressed in the preceding section. A n d n o t h i n g here in conta ined shall ex tend to , or to t he art icled c lerk of, any a t torney or solicitor, or to t he clerk or apprent ice of any person engaged in t h e tu i t ion of any professional or scientific

b ranch of l ea rn ing or pursu i t .

5. The person w ho shal l have t h e pr incipal control or manage­ m e n t of any orphan school or other publ ic ins t i tu t ion or depa r tmen t of a n e leemosynary na tu re , now or hereafter to be established in N e w South Wales , may , by such a n inden tu re as aforesaid, bind or cause to be bound any child u n d e r his care or control in said school or ins t i tu t ion , who shal l n o t be u n d e r t h e age of four teen years, to be apprent ice to any such mas te r as aforesaid for a t e r m of no t more t h a n

7. A n y father res ident in N e w South W a l e s of any child above
four teen years of age, or if t he father be dead, or t he i n m a t e of any
prison, luna t i c asy lum, or benevolent ins t i tu t ion of a n y kind, t hen t h e

seven	years .
6. A n y St ipendiary or Police Magis t ra te , or any two Jus t i ces

of t h e Peace, of N e w South Wales , may, by such an inden tu re as aforesaid, b ind or cause to be bound any child who shall no t be unde r t h e age of fourteen years , in respect of whose main tenance any order shall have been m a d e unde r t h e provisions of a n y A c t t h e n in force in N e w South "Wales enabl ing Jus t ices to m a k e orders for the ma in ten ­ ance of chi ldren deserted or left w i t h o u t adequa te means of support , to be apprent ice to any such mas te r as aforesaid for a t e r m of no t more

t h a n seven years .

t h e mo the r so resident, and not unde r any such disability, or if t he child have ne i ther such a father nor mother , h u t have a guard ian , t h e n such guardian , and if the re he no such guard ian , t h e n any St ipendiary or Police Magis t ra te , or a n y two Jus t i ces of t h e Peace , m a y , by such an inden tu re as aforesaid, bind or cause to be b o u n d any such child to any such mas te r as aforesaid to be ins t ruc ted by such mas te r in any t rade , a r t , business, or m a n u a l occupat ion for a t e r m which shal l no t exceed seven years.

8. A n y such mas te r as aforesaid resident in and exercis ing any

trade, ar t , business, or m a n u a l occupat ion wi th in N e w South Wales,

may, by such i nden tu r e as aforesaid, t ake any apprent ice coming wi th in any of t h e preceding sections to be ins t ruc ted in such t rade , art , business, or occupat ion wi th in such Colony for a t e r m such as is thereby l imited.

9. A n y official in the service of t he Governmen t of New South

W a l e s h a v i n g t h e direction a n d control of persons engaged in any

t rade , art , or m a n u a l occupat ion exercised there in on behalf of t h a t

Government , m a y by such an inden tu re as aforesaid t ake and receive such and so m a n y apprent ices , each coming within any of t h e preceding sections, as he m a y requ i re to serve unde r h i m and his successors in

office in such service for a t e r m such as is the reby l imited.

10.    The m a n a g e r of any company established and registered in

N e w Sou th Wales hav ing t he direct ion and control of persons engaged in any t rade, ar t , or m a n u a l occupat ion exercised the re in on behalf of

such company, may, by such an inden tu re as aforesaid, t ake and receive

such and so m a n y apprent ices , each coming wi th in any of t he preceding sections, as he may requi re to serve unde r h i m and his successors in office for a t e r m such as is thereby l imited.

1 1 .    Before a n y such child as is referred to in any of the preceding

sections hereof is bound or received as apprent ice , he m a y be admi t ted as and become a probat ioner on such t e rms as m a y be agreed upon

for a period of th ree m o n t h s to t he proposed mas te r in t he t rade , art ,

business, or m a n u a l occupat ion as to which it is contempla ted to bind

h i m ; a n d i t shall be lawful e i ther for the proposed mas te r or proposed apprent ice , or t he pa ren t or other person authorised, a t t he end of such period of th ree m o n t h s to t e rmina t e such engagement , if any or e i ther shal l so desire and signify ; b u t if no such desire be expressed, t h e n a n inden ture of apprent iceship in wr i t ing or pr in t , wi th a coun te rpar t

thereof, shall be entered into, signed, and sealed b y t h e apprent ice , as
of t he first p a r t ; b y t h e pa ren t as con templa ted by t h e seventh section

hereof, or by such person, guardian , S t ipendiary or Police Magis t ra te ,

or Jus t ices of t he Peace , as is provided by the fifth, s ixth, and seventh sections hereof according to t h e c i rcumstances of each case, as of t he second p a r t ; and by the in tended mas te r as of t he th i rd p a r t ; and such inden tu re shall specify t h e par t icu lar t rade , ar t , business, or occupat ion in which t he apprent ice is to be ins t ruc ted , a n d t h e period for which he is to serve, and shall be in t he form as near ly as can be set out in t h e Second Schedule here to . A n d every such inden tu re shal l be b ind ing both on t he mas te r and on t h e apprent ice in l ike m a n n e r as i t would have been if t h e apprent ice had been of full age a t t he t ime of his en te r ing into and s igning and sealing t h e same.

12. A n y master , or if he be then dead, t h e executor or adminis ­ t ra to r of the mas te r of a n y such apprent ice as aforesaid may , by indorsement in writing or pr in t , or pa r t ly in t h e one and par t ly in the other, set ou t u p o n t he inden tu re of apprent iceship , or on t he coun te rpa r t thereof, or if bo th be lost, t h e n by any other sufficient i n s t r u m e n t in wr i t ing , unde r his hand and seal, b u t by and wi th t he

consent of a St ipendiary or Police Magis t r a t e or of two Jus t i ces of the

Peace of new South Wales , testified b y his or the i r jo in ing as a pa r ty

or

or part ies to such indorsement , and after reasonable notice to, a n d bea r ing such apprent ice , and w i t h t h e consent of such apprent ice , assign t h a t i nden tu re and t h e services of t he appren t ice the reunde r , to a n y fit person (who shall also join as a pa r ty to such indorsement ) for t he t h e n remainder of t he t e r m ment ioned in t ha t i nden tu re : Provided t h a t such indorsement , or o ther i n s t r u m e n t as aforesaid, shal l be in t he form as near ly as can be, and contain the declarat ion and acknowledgment set out in t he Thi rd Schedule h e r e t o ; and in such case such apprent ice shal l be deemed to be t he appren t i ce of

such assignee to all i n t en t s and purposes .

13 . Provided a lways a n d no twi ths t and ing a n y provision con­

ta ined herein, or in any such inden tu re of apprent iceship or ass ignment thereof as aforesaid, t h e t e r m of apprent iceship specified there in shall, if it be no t sooner completed by flux of t ime , be t a k e n to expire, and shal l expi re accordingly w h e n the apprent ice n a m e d there in shal l a t t a in t he age of twen ty -one years , or, shal l m a r r y with t he consent of t h e person or persons appointed to give consent to t he marr iage of minors unde r t he provisions of any A c t for tha t purpose t hen in force in New South Wales .

14. N o such appren t ice as aforesaid shall be bound to serve his

mas te r for more t han for ty-e ight hours du r ing any one week : Provided

a lways t h a t th is restr ict ion shall n o t app ly to. apprent ices bound to

f a rming occupations or to o ther servants in husbandry , or to	domestic
service.

15 . I n case of a n y difference or dispute be tween any such

mas t e r and a n y such apprent ice as aforesaid ar is ing u n d e r a n y such

inden tu re or ass ignment as aforesaid, t h e pa r ty feeling aggrieved m a y cause a summons to be issued forth of t he Court of P e t t y Sessions of t h e distr ict in w h i c h t h e g round of such difference or d i spu te arose, specify­ ing the wrong or in jury compla ined of, a n d t h e redress s o u g h t ; a n d call ing upon t h e o ther pa r ty to show cause upon a given day before such Cour t w h y t h a t pa r ty should not be ordered to give and m a k e tha t redress. A n d the reupon t h e S t ipendiary or Pol ice Magis t ra te or any two Jus t i ces of t h e Peace pres iding on such occasion shal l have power and au tho r i t y to hear a n d to give a n d m a k e such order upon such difference or dispute as in his or the i r discretion, equi ty , and r ight shall requi re , inc luding t h e power of impos ing any fine not exceeding t h e s u m of t en pounds u p o n such master , or upon such apprent ice as t he case m a y be, as a pena l ty for any proved misconduct or b reach of contract on his p a r t towards t he other. Such Magis t r a t e

OR Jus t i ces m a y also discharge such apprent ice , if he or t h e y shall

th ink proper , by certificate unde r his or the i r h a n d or hands , from t h e service of such mas te r and m a y cancel the inden tu re of apprent iceship or a n y ass ignment thereof, which certificate shall be a complete; ba r to any act ion t h a t m a y be b r o u g h t on such inden tu re or ass ignment . And t h e Magis t r a t e or Jus t ices m a y award such costs of t he proceeding in favour of or against e i ther pa r ty there to , as h e or t hey m a y consider reasonable, as well as award the p a y m e n t of a n y wages t h a t may then

be owing by t h e mas te r to t h e apprent ice .

16. If any such apprent ice as aforesaid shall, before t h e expirat ion of his t e r m of apprent iceship , absent himself w i thou t leave from his mas te r ' s service for more t h a n one week, such apprentice; shall a t a n y t ime wherever he shall be found, be compelled to serve such mas te r for so long a t ime as h e shall have so absented himself, unless he shall m a k e reasonable satisfaction to his master for t h e loss t he la t te r shall have sustained by such a b s e n c e ; and so from t ime to t ime as often as such apprent ice shall so absent himself : And in cast; such apprent ice shall refuse to serve as he reby required or to make; such reasonable satisfaction as aforesaid, or cannot t h e n be found, such

master

maste r m a y compla in on oa th to any Jus t i ce of t he Peace in N e w

South W a l e s — w h i c h oath such Jus t i ce is hereby empowered to

admin i s t e r—and be m a y issue a w a r r a n t unde r his hand for appre­

h e n d i n g such appren t ice whenever he can be found, a n d b r ing ing h i m before any two or more such Jus t i ces , or before a St ipendiary or Police

Magi s t r a t e , who shal l hear t he complaint in a s u m m a r y way, a n d

de t e rmine w h a t satisfaction shall be made to such mas te r ; and in case such appren t ice shall no t make or give securi ty to m a k e such satis­ faction according to such de te rmina t ion , such Magis t r a t e or Jus t ices m a y commit such appren t ice to any gaol or house of correct ion for any t ime not exceeding one m o n t h ; t h e apprent ice shall also be bound to serve his master for t he period du r ing which he so absented himself as aforesaid.

17. I t shall no t be lawful for any such mas te r as aforesaid to p u t away or t ransfer a n y such apprent ice as aforesaid to any other person, or in a n y way discharge such appren t ice from his service w i t h o u t such consent as is specified in or unde r such certificate as is provided for by t h e twelf th and fifteenth sections hereof ; and any mas te r violat ing t h e provisions of this section shall be liable to a pena l ty of t en pounds, which m a y be imposed by any St ipendiary

or Police Magis t r a t e or two such Jus t i ces of t h e Peace as aforesaid.

18. I f any person shal l entice or t ake away or employ or harbor , or be a iding or concerned in ent ic ing or t a k i n g away .or employ ing or harbor ing any child who has been bound apprent ice by any such inden tu re or ass ignment as aforesaid, whi le t h e same remains in force, he shall be liable to a fine or pena l ty of not more t h a n t en pounds , wh ich any St ipendiary or Police Magis t ra te or any two Jus t ices of t he Peace m a y award and impose in a s u m m a r y way upon a summons issued for t h a t purpose.

19. I f any such fine, penal ty , costs, or wages as is or a re contempla ted by any section hereof shall no t be duly paid according to t h e exigency thereof, the same may be levied by distress and sale of t h e goods and chat te ls of the mas te r or apprent ice or other person as t h e case m a y be upon w h o m it has been imposed ; a n d when paid or recovered t he a m o u n t of t h e fine or pena l ty shal l be applied and disposed of a t t h e discretion of t he St ipendiary or Police Mag i s t r a t e

or Jus t i ces imposing it, e i ther towards t h e funds of any char i tab le

ins t i tu t ion exis t ing in the distr ict wherever such mas te r or apprent ice

shall reside, or to and for t he use and benefit of t h e p a r t y personal ly

as compensat ion for t he w r o n g or in jury which m a y have been

sustained by h i m in t h e premises . A n d if such fine, pena l ty , costs,

or wages is or a re not so paid, or recovered, such Mag i s t r a t e or Jus t ices m a y commit the defaulter to any gaol, house of correction, prison, or re formatory for any t ime not exceeding four teen days.

20. Provided a lways t h a t no impr i sonment shall be inflicted

unde r a n y section of th is A c t upon any apprent ice unde r	s ixteen
years of age , or upon any female apprent ice .

2 1 . A n y apprentices placed ou t in accordance wi th t he pro­

visions of t h e fifth section of th is A c t may be liable to inspect ion by any officer author ised by t h e Colonial Secretary, a n d such officer shal l act as gua rd i an to t h e aforesaid apprent ices , and he shall have full power to ini t ia te and car ry out legal proceedings on the i r behalf and otherwise provide t h a t t he conditions of all indentures and ag reemen t s made be tween such apprent ices and the i r masters a re faithfully carried out , and such officer shall report a n n u a l l y upon t h e operations of t he Act , so far as he is herein empowered to exercise supervision there­ under , to the Colonial Secretary : Provided that n o t h i n g here in shall be t aken to apply to a n y child appren t iced unde r t h e provisions of the

Indus t r i a l Schools A c t of 1860.

22.    A n y person who shal l t h i n k himself aggrieved by any order,

fine, penal ty , or p u n i s h m e n t m a d e or imposed unde r th is A c t m a y

appeal against t h e same to t he Cour t of Q u a r t e r Sessions for t he distr ict in which the same was so m a d e or imposed according to t h e provisions of any A c t t h e n in force r egu la t ing appeals on s u m m a r y

proceedings before Jus t i ces ; b u t no convict ion, order, war ran t , or

other m a t t e r made or pu rpo r t i ng to be made or done by v i r tue of	th i s
Ac t , shall be quashed for w a n t of form, or removed by certiorari	or

otherwise in to t he Supreme C o u r t ; and no w a r r a n t of c o m m i t m e n t shall be held void by reason of a n y defect the re in , provided it be the re in alleged t h a t t he pa r ty has been convicted, and t h a t the re be a good and valid convic t ion to susta in t he same.

S C H E D U L E S .

FIRST SCHEDULE.

Date of Act.	Title of Act.	Extent of repeal.
9 Geo. IV, No. 8	An Act for enabling persons holding certain public offices in New South "Wales to take apprentices to serve under them and their successors in office, and for regulating all matters relating to masters and apprentices.	The whole.

•

5 Win. IV, No. 3	An Act for apprenticing the children of male and female orphan schools and other pour children in the Colony of New South Wales.	The whole.
8 Vie. No. 2	An Act to regulate and amend the law of orphan and other apprentices in the Colony of New South Wales.	The whole.
15 Vic. No. 2	An Act to make further provision for the	The third section.

apprenticing of the children in the male and female orphan schools, and other poor children.

SECOND SCHEDULE.

This indenture, made the day of , one thousand eight hundred

and , between , son of , of in the Colony of New South

Wales, and hereinafter designated apprentice of the first part;

of the second part (as

consenting hereto) ; and , of , carrying on business as

at	, and hereinafter designated master of the third par t : Witnesseth that the
said	puts himself apprentice to the said master to learn the trade, art, business,

or occupation of

and everything relating thereto, for the space of years, and for so many

additional days as is hereinafter provided for—such term to be computed from the

day of , one thousand eight hundred and . And the said apprentice

hereby agrees and engages with the said master, and his executors and administrators, that during such term he will faithfully, diligently, and assiduously serve and obey all lawful commmands of his said master, and his said executors and administrators, or those he or they may please to set over him in the said trade, art, business, or occupa­ tion ; that he will at no time absent himself therefrom without proper consent; and that he will not be accessory to, nor commit or permit any hurt or damage to his said master or his property, nor conceal any such hurt or damage if known to him, but shall do everything in his power to prevent the same ; and that for every day's absence during the said term from attention to said trade, art, business, or occupation without such consent, he shall serve one day at the end of each year of his apprenticeship, and such year shall not be considered complete until the said additional day or days shall have been served. And the said master hereby agrees, engages, and binds himself with and to the said apprentice, and his executors and administrators, that he, the said master or his executors or administrators, shall, during the aforesaid term, duly teach and instruct the said apprentice, or cause him to be taught and instructed, in the trade, art, business, or occupation aforesaid, and do his utmost to make him skilled and expert therein; and shall also make payment to the

said

said apprentice at tho following rate of wages per , during which he shall diligently and faithfully labour in said trade, art, business, or occupation, that is to say:— shillings per for the first year; shillings per for the

second year ; shillings per for the third year; shillings per for

tho fourth year ; shillings per for the fifth year ; shillings per

for the sixth year; and shillings per for the seventh year from the said

day of , one thousand eight hundred and . The said apprentice

further agrees with his said master that he will be responsible for all tools, patterns, and other property that may be in his charge or under his care ; and that in the event of any such tools, patterns, and other property being damaged or lost through his neglect or default, it shall be lawful for his said master to deduct a fair charge for tho same from the wages above mentioned. And that in all respects he will conform to the reasonable rules and regulations for the time being in force in the establishment of the said master. And the said and , each for himself, his executors and administrators, covenants and agrees with the other, and his executors and administrators, that ho shall in all respects well and faithfully observe and perform all the covenants and agreements contained in these presents on his part to be observed and performed.

In witness whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above written.

Signed, sealed, and delivered by the said

in the presence of

T H I R D SCHEDULE.

Assignment of the within Indenture.

THE within named master
doth hereby, with the consent of

assign the within indenture and the services thereunder of the within named apprentice

unto of his executors and administrators,

for tho unexpired portion of the within-named term of years : And flic said

doth hereby declare his acceptance of such apprentice, and acknowledges

himself, and his executors and administrators, to be bound by the agreements, engage-
ments, obligations, and covenants on the part of the master of such apprentice, to be done and performed as fully as if he himself had entered into same as a party under that indenture.

In witness whereof the parties hereto have set their hands and seals

this day of one thousand eight hundred and

Signed, sealed, and delivered by tho

said	or his executors
or administrators.	Master. Consenting party or parties. Proposed assignee.