Defence Forces (Temporary Provisions) Act, 1923

Claims of masters to apprentices.

161.—The master of an apprentice who has been attested as a soldier of the Forces may claim him while under the age of twenty-one years as follows, and not otherwise:—

(1) The master, within one month after the apprentice left his service, must take before a District Justice, the oath in that behalf, specified in the Fourth Schedule to this Act, and obtain from the District Justice a certificate of having taken such oath, which certificate the District Justice shall give in the form in the said Schedule, or to the like effect;

(2) A Court of Summary Jurisdiction within whose jurisdiction the apprentice may be, if satisfied on complaint by the master that he is entitled to have the apprentice delivered up to him, may order the officer under whose command the apprentice is, to deliver him to the master, but if satisfied that the apprentice stated on his attestation that he was not an apprentice, may and if required by or on behalf of the said Commanding Officer, shall, try the apprentice for the offence of making such false statement, and if need be may adjourn the case for the purpose;

(3) Except in pursuance of an order of a Court of Summary Jurisdiction, an apprentice shall not be taken from the service;

(4) An apprentice shall not be claimed in pursuance of this Section unless he was bound for at least four years by a regular indenture, and was under the age of sixteen years when so bound;

(5) A master who gives up the indenture of his apprentice within one month after the attestation of such apprentice shall be entitled to receive to his own use so much of the bounty (if any) payable to such apprentice on enlistment as has not been paid before notice was given of his being an apprentice.

Offences as to Enlistment.