If the sum of money, or the value of any other £. s. d. matter or thing* which shall be paid, given, assigned, or conveyed, or be secured to be paid, given, assigned, or conveyed, to or for the use or benefit of the master or mistress, with or in respect of such apprentice, clerk, or servant, or both, the money and value of such other matter or thing shall not amount to 301. If the same shall amount to.. £30 and not amount to £50.. 2 } 50 100 200 300 400 500 600 800 1000 or upwards.. 1 0 0 And where there shall be no such consideration as aforesaid, moving to the master or mistress, if the indenture or other instrument shall not contain more than 1,080 words ... ........ And if the same shall contain more than that quantity...... 1 0 0 1 15 0 Apprenticeship and Clerkship.-Indenture or other instrument in writing, containing the covenants, articles, or agreements, for or relating to the service of any such apprentice, clerk, or servant as aforesaid, who shall be put or placed to or with a new master or mistress, either by assignment, transfer, or turnover, or upon the death, absence or incapacity of the former master or mistress, or otherwise; or any writing whatever, whereby any such assignment, transfer, or turnover may be effectuated or ascertained Where there shall be any such valuable consideration as aforesaid, moving to the new master or mistress exclusive of any part of the consideration to the former master or mistress which may be returned or given, or transferred to the new master or mistress. Such and the like duty in proportion to the amount or value of such new consideration only as is before charged on any original indenture of apprenticeship. *These words, "other matter or thing," have been holden not to include clothes or washing, R. v. Aylesbury, 3 B. & Ad. 569, or diet, or lodging, R. v. Leighton, 4 T. R. 732. R. v. Walton in le Dale, 3 T. R. 515. R. v. Portsea, Burr. S.C. 834, to be found for the apprentice by his friends, nor to extend to a stipulation that the master should receive a portion of his earnings; R. v. Wantage, 1 East, 601; even where a sum of money was by agreement given to the master, to buy clothes for the apprentice, it was holden not to be within the statute, for it was no premium paid to the master. R. v. Northowram, Burr, S.C. 145. 1 0 0 And where there shall be no such new considera- £. s. d. tion; if the indenture or other instrument or writing shall not contain more than 1,080 words.. And if the same shall contain more than that quantity.... And where there shall be duplicates or two parts of any such indenture or other instrument or writing, relating to any such apprentice, clerk, or servant, as aforesaid; each part shall be charged with the duty before-mentioned, in all cases where the same shall not exceed thirty-five shillings; and where the same shall exceed that sum, only one part shall be charged with the said ad valorem duty, or duty in proportion to the consideration, and the other part shall be charged with a duty of 1 15 0 1 15 0 Note.-And the part bearing the ad valorem or higher duty shall belong to and be kept by the apprentice, clerk, or servant, or some person on his or her behalf, upon his or her being first placed out; and in case of any subsequent placing out by assignment or otherwise, the part bearing the ad valorem duty on that occasion (if any) shall belong to and be kept by the former master or mistress, or his or her representatives, or by the apprentice, clerk, or servant, or some person on his or her behalf; and in each of the said cases the other part, bearing the lower duty hereby charged thereon, shall belong to and be kept by the original master or mistress, or the new master or mistress, as the case may be; and the same shall be respectively received in evidence accordingly. Exemptions from the preceding and all other Stamp Duties. Indentures or other instruments for placing out poor children apprentices, by or at the sole charge of any parish or township, or by or at the sole charge of any public charity, or pursuant to the Act of the 32nd year of His Majesty's reign, for the further regulation of parish apprentices. And all assignments of such poor apprentices, provided there shall be no such valuable consideration as aforesaid given to the new master or mistress, other than what may have been, or shall be, given by any parish or township, or by any public charity. As to these exemptions, it has been holden that money subscribed by the inhabitants of a parish, for the purpose of apprenticing the children brought up in the charity school of that parish, is a public charity within the meaning of the statute; and that the indenture in such a case did not require a stamp. See R. v. St. Matthew, Bethnal Green, Burr. S. C. 574. And the same, where a lady left a sum of money by her will, for the purpose of putting out the poor children of a particular parish apprentices. R. v. Clifton upon Dunsmore, Burr. S. C. 697. And it is not necessary in such a case, that the trustees of the fund should be parties to the indenture. R. v. Quainton, 2 M. & S. 338. Also, where an assignment of a parish apprentice stated that 31. was paid by the first master to the second, and the assignment was not stamped, it was holden that parol evidence was admissible to prove that this money was in fact paid by the overseers, out of the parish money. R. v. Llangunnor, 2 B. & Ad. 616. But where the sum of 61. was really paid by the first master to the second, and there was no assignment in writing, the court held it to be a nullity, and that the apprentice gained no settlement by service with the second master, even although the indenture itself was a parish indenture; the assignment should have been in writing and stamped, according to the provisions of the above stat. 55 G. 3, c. 184. R. v. Fakenham, 2 Ad. & El. 528. By stat. 8 Ann, c. 9, s. 35, "the full sum or sums of money received, or in any wise directly or indirectly given, paid, agreed or contracted for, during the term aforesaid, with or in relation to every such clerk, apprentice and servant as aforesaid, shall be truly inserted and written in words at length, in some indenture or other writing which shall contain the covenants, articles, contracts or agreements relating to the service of such clerk, apprentice or servant as aforesaid, and shall bear date upon the day of the signing, sealing or other execution of the same:" under a penalty of double the sum paid or contracted for. And by sect. 37, such indentures, &c. shall be presented either at the head office, or to some collector of the stamp duties without the bills of mortality, and the duties thereon paid, within two months after the execution thereof. And by sect. 39, if the full sum received, &c. be not inserted, or if the duty be not paid within the time above prescribed, the indenture "shall be void, and not available in any court or place, or to any purpose whatsoever." Therefore, where at the trial of an appeal an indenture of apprenticeship produced, upon which a premium had been paid, appeared to be correctly stamped, but it appeared also that the stamp had not been affixed to it until after the time prescribed by this statute, and the court held it to be void on that account. R. v. Chipping Norton, 5 B. & A. 412. But where no premium had been paid, the court held it sufficient that the indenture was stamped when produced in evidence, as it was not a case within this statute. R. v. Preston, 5 B. & Ad. 1028. Where the father of the apprentice agreed to give a premium of 251. and he procured 101. of it to be paid out of the funds of a public charity, which 101. however was alone mentioned as the premium in the indenture, and the trustees of the charity were not aware that the father was to pay the additional 151. the court held the indenture to be void, in not setting out the full and true consideration, as required by the above statute of Anne R. v. Amersham, 6 Nev. & M. 12. S. P. R. v. Baildon, 3 B. & Ad. 427. But where, before the binding, the intended master required a premium of 201., but the child's mother (who was then married, but not to the father of the child,) was desired by her husband to give no more than 101. she however privately, and without the privity or consent of her husband or child (although the master at the time was led to think otherwise), agreed to give the master something more than the 101.; accordingly, upon the execution of the indenture, the husband paid the 10, which alone was mentioned in the indenture as the premium, and the wife in some time after paid the master the additional sum of two guineas and a half: the court held that as the contract of the wife for the additional sum was invalid, it did not affect the validity of the indenture within the above statute of Anne. R. v. Bourton upon Dunsmore, 9 B. & C. 872. Nor is a premium given by the parish or a public charity within the meaning of the statute, for no stamp duty is payable in such a case; and the statute extends only to indentures which require stamping. R. v. Oadby, 1 B. & A. 477. R. v. Ide, 2 B. & Ad. 866. Nor is a mere assignment of an apprentice within the statute, such assignment not being within the meaning of the words "indenture or other writing" in the 35th section above mentioned. R. v. Ide, 2 B. & Ad. 866. Also if a greater sum be inserted in the indenture than is actually paid, the indenture will be valid notwithstanding; for the intention of the statute was to prevent frauds upon the revenue, and no fraud of course can arise from a larger sum being inserted. R. v. Keynsham, 5 East, 309. Where a boy was bound by one indenture to serve two masters consecutively, in distinct trades, it was holden that one stamp was sufficient. R. v. Louth, 8 B. & C. 247. Where a premium of 201. was agreed upon, but in order to avoid the payment of the duty on 201., and to pay a less duty, the sum was afterwards reduced to 191. 198. 6d. it was holden that this did not affect the validity of the indenture. Shepherd v. Hall, 3 Camp. 180. But if the indenture be not duly stamped according to the premium actually paid, it is void; Cuerdon v. Leland, 1 Bott. 541, 2 Str. 903; or at least it cannot be received in evidence. Assignment.] It seems to have been holden, that an apprentice in ordinary cases could not legally be assigned, unless there were some custom of the place, as in London, to warrant it. Baxter v. Burfield, 1 Bott. 696. It was afterwards holden that such assignment was not void, but voidable only. Caistor v. Eccles, 1 Ld. Raym. 683. But it now seems to be legalized, impliedly at least, by the legislature subjecting it to a stamp duty. See as to the duty upon an assignment, ante, p. 74, and see R. v. Fakenham, 2 Ad. & El. 528, ante, p. 76. Discharge of Apprentice by consent.] An apprentice in ordinary cases, although under age, may be discharged from his apprenticeship, and the indenture be given up or cancelled, if all parties consent to it, R. v. Weddington. Burr. S. C. 766, R. v. Titchfield, Id. 511, and the dissolution of the contract be manifestly for the benefit of the infant. R. v. Great Wigston, 3 B. & C. 484. R. v. Mountsorrel, 3 M. & S 497. But if the apprentice be of full age at the time, it is immaterial whether the dissolution of the contract be for his benefit or not. See R. v. JJ. of Devonshire, Cald. 32. The apprentice, however, is not deemed to be discharged by the mere agreement between the parties, but the indenture must be actually given up or cancelled. R. v. Skeffington, 3 B. & A. 382. See R. v. JJ. of Devonshire, supra semb. cont. And where an apprentice under age was impressed into the king's service, and then entered the service as a volunteer, with the consent of his master, but the indenture was not given up or cancelled, the court held that this did not put an end to the apprenticeship. R. v. Hindringham, 6 T. R. 553. If the master become bankrupt, the issuing of the fiat against him operates as a discharge of the apprentice. 6 G. 4, c. 16, s. 49. 2. Parish Apprentices. Who may be bound.] By stat. 43 El. c. 2, after directing the churchwardens and overseers of every parish to raise a fund, for the purpose (amongst other things) of setting to work the children of those who shall not be thought able to keep and maintain them (s. 1), it is enacted by sect. 5, " that it shall be lawful for the said churchwardens and overseers, or the greater part of them, by the assent of any two justices of the peace, to bind any such children as aforesaid to be apprentices, where they shall see convenient, until such man child shall come to the age of [twenty-one years, 18 G. 3, c. 47] and such woman child to the age of one and twenty years or the time of her marriage, the same to be as effectual to all purposes, as if such child were of full age, and, by indenture of covenant, bound him or herself." It is not necessary that the child should be chargeable to the parish, or even residing within it, to authorize the overseers to put it apprentice; it is sufficient if it be the child of a person settled in the parish, whom the overseers think is not able to maintain it. R. v. St. George, Exeter, 3 Ad. & El. 373. No child, however, shall be bound as a parish apprentice, until it shall have attained the age of nine years. 56 G. 3, c. 139, s. 7. Previous enquiry, and order of Justices.] "Before any child be bound apprentice by the overseers of any parish, township, or |