otherwise no settlement can be gained by service under it (y). And for the purpose of preventing any fraud on the revenue, the sum received as apprentice fee shall be (y) Salford v. Storeford, 2 Bott. 370. 2 Barnard. 39. ii. 787. R. v. Holbeck, in Leeds, Burr. S. C. 198. ii. 105. Cuerden, v. Leland, 1 Bott. 541. ii. 788. R. v. Llanvari Dyffryn Clwyd, Burr. S. C. 236. ii. 789. See R. v. Highnam, 1 Bott. 553. ii. 726. Shepherd v. Hall, 3 Camp. 180. ii. 790. R. v. Louth, 8 B. and C. 247. ii. 745; and see R. v. St. Peter's, Chester, 1 Bott. 544. ii. 791. R. v. Leighton, 4 T. R. 732. li. 792. R. v. Bradford, 1 M. and S. 151. ii. 793. R. v. Walton in le Dale, 3 T. R. 515. ii. 794. R. v. Wantage, 1 East, 601. ii. 795. R. v. Chipping Norton, 5 B. and A. 412. ii. 796. **The following are the stamps upon indentures of apprenticeship, required by statute, from the earliest period to the present time. By 5 W. & M. c. 21. s. 2, 3, (made perpetual by 1 Geo. I. c. 12,) £. 8. d. it is enacted, that from the 28th June, 1694, upon every indenture there shall be paid the duty of By 9 & 10 W. 3. c. 25. s. 30, from the 1st August, 1698, an additional duty of By 8 Ann. c. 9. s. 32, (made perpetual by 9 Ann. c. 21. s. 7,) from the 1st May, 1710, besides the stamp on the indenture, there shall be paid the following duties, in proportion to the amount or value of the money or other thing given, paid, contracted or agreed for, with or in relation to every apprentice put out or placed with any master or mistress to learn a trade, &c. (not being put out at the charge of any parish or public charity, s. 40. See R. v. St. Petrox in Dartmouth, 4 T. R. 196. ii. 749.); And the true sum so given must be inserted in the indentures, s. 35. 20s. Where the sum does not exceed 50l., for every Where the sum exceeds 50l., then for every 208. By 12 Ann. st. 2. c. 9. s. 21, (made perpetual by 6 Geo. 1. c. 4. s. 1,) from 2d August, 1714, there shall be paid upon every indenture, except indentures for binding poor parish or charity children apprentices, (See R. v. Clifton upon Dunsmore, Burr. S. C. 697. ii. 877. R. v. St. Matthew Bethnal Green, Burr. S. C. 574. ii. 878.) the additional duty of 0 0 6 006 006 010 006 By 30 Geo. 2. c. 19. s. 1, from the 5th July, 1757, upon every indenture, the additional duty of 010 By 16 Geo. 3. c. 34. s. 5, from the 5th July, 1776, upon every indenture, the additional duty of 010 By 17 Geo. 3. c. 50. s. 16, from the 1st August, 1777, upon every indenture, the additional duty of 016 By 23 Geo. 3. c. 58. s. 1, from the 1st August, 1783, upon every indenture, the additional duty of 010 By 32 Geo. 3. c. 57. s. 10, no indorsement on parish indentures, 010 By 37 Geo. 8. c. 90. s. 1, from the 5th July, 1797, upon every indenture, except indentures for binding parish or charity children apprentices, the additional duty of By 37 Geo. 3. c. 111. s. 1, from the 1st August, 1797, on every deed (except indentures of apprenticeship where the sum or value given or contracted with, or in relation to the apprentice, shall not exceed 101.), the additional duty of 030 -- 0 10 0 By 44 Geo. 3. c. 98. s. 1, from the 10th October, 1804, all stamp duties to cease; and the stamp duties in Schedules A. and B. annexed to this act, to be levied in lieu thereof: Schedule A. Indentures of apprenticeship where the sum or value given, truly stated in the indenture (2); but an omission in this respect only subjects the parties to a penalty, but does (z) 8 Ann. c. 9. s. 35. And see 5 Geo. 3. c. 46. s. 19. paid, contracted or agreed for, with or in relation to such £.s. d. apprentice, shall not exceed 101. 0 15 0 Indenture for binding poor parish children apprentices, or other children by any public charity. Assignment of indenture of apprenticeship (except of poor parish children, or other children by any public charity). 0 15 0 48 Geo. 3. c. 149. s. 1. From 10th October, 1808, all duties in sch. A. of 44 G. 3. c. 98. to cease, and the stamp duties in schedule to this act to be levied. Schedule Part I. Apprenticeship and Clerkship.-Indenture or other instrument, containing the covenants, articles, or agreements, for or relating to the service of any apprentice, clerk, or servant, who shall be put or placed to or with any master or mistress, to learn any profession, trade, or employment whatsoever: "except articles of clerkship to attornies," &c. If the sum of money, or the value of any other 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 matter or thing, shall not amount to 307, If the sum shall amount to 30l. and not amount to 50l. 50 100 200 -300 400 500 600 800 1000 or upwards. 0 15 0 1 10 0 210 0 500 10 0 0 15 0 30 0 0 40 0 0 20 25 0 50 0 0 0 15 0 1 10 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 Apprenticeship and Clerkship.-Indenture or other instrument, 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 or turnover, or upon the death, absence, or incapacity of the former master or mistress, or otherwise. Where there shall be any such valuable' Such and the like duty in proportion to the amount or value of such new consideration as is before charged on any original indenture of apprenticeship. not affect the validity of the indenture (a). Where the indenture has been lost or destroyed, the court may presume it to have been duly stamped, unless the contrary appear (b). (a) R. v. Northowram, Burr. S. C. 145. 2 Bott, 376. ii. 797. R. v. Quainton, 2 M. and S. 338. ii. 798. See R. v. Keynsham, 5 East, 309. ii. 799. R. v. Oadby, 1 B. and A. 477. ii. 800. (b) R. v. East Knoyle, Burr. S. C. 151. ii. 744. R. v. Badby, 1 Bott, 547. ii. 801. R. v. Long Buckby, 7 East, 45. ii. 743. And where there shall be no such new consideration; if the £.s.d. 0 15 0 110 0 And if the same shall contain more than that quantity 1 10 0 Note. And the part, bearing 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. Exceptions 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 public charity, or pursuant to the Act of the 32d 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. 55 Geo. 3. c. 184. From 31st August, 1815, all former duties to cease, and the stamp duties in the schedule to this act to be levied in lieu thereof: Schedule Part I. Apprenticeship and Clerkship.-Indenture or other instrument or writing containing the covenants, articles, or agreements, for or relating to the service of any apprentice, clerk, or servant, who shall be put of I placed to or with any master or mistress, to learn any profession, Note. If the indenture be void as an indenture of apprenticeship, either from not being stamped (c), or from not being executed (d), or being otherwise defective; or (c) R. v. Highnam, 1 Bott, 553. 2 Bott, 381. Cald. 491. ii. 726. Salford v. Storeford, 2 Bott, 370. 2 Barnard, 39. ii. 787. (d) R. v. Cromford, 8 East, 25. ii. 751. trade, or employment whatsoever; except articles of clerkship to altor. nies and others hereinafter specifically charged; If the sum of money, or the value of any other matter or £.s.d. If the same shall amount to 301. and not amount to 50l. 50 100 200 -300 .400 500 600 800 100 200 1000 or upwards. 60 0 0 1 0 0 115 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 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 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. And where there shall be no such new consideration; if the And if the same shall contain more than that quantity 100 1 15 0 - 1 15 0 if there be a service as apprentice without indenture (e) : the service will not confer upon the party serving, a settlement by hiring and service. As to indentures voidable only, and not void, see ante, p. 57. (e) R. v. King's Lynn, 6 B. and C. 97. ii. 802. Peterchurch v. All Saints, Burr. S. C. 656. ii. 803. R. v. Kingsweare, Burr. S. C. 839. ii. 729. R. v. Margram, 5 T. R. 153. ii. 727. R. v. Whitchurch Canonicorum, Burr. S. Č. 540. ii. 725. R. v. Laindon, 8T. R. 379. ii. 804. R. v. Mountsorrell, 2 M. and S. 460. ii. 805. See R. v. Little Bolton, Cald. 367. ii. 509. R. v. Shinfield, 14 East, 541. ii. 512. R. v. Burbach, 1 M. and S. 370. ii. 511. In There must be an inhabiting for forty days under it.] There must not only be a binding for a certain time, but also an inhabiting for forty days at least, in order to gain a settlement by apprenticeship (f). The inhabitancy is where the apprentice lodges; and the settlement is gained there, though the service be in another parish (g). this case also, as in that of hiring and service (h), the parish or township in which the party sleeps the last forty days of his service, is that in which he is settled; or if, without fraud, he reside some days in one parish and (f) 3 W. and M. c. 11. s. 8. See 31 Geo. 2. c. 11. s. 1. R. v. ter, Set. and Rem. 119. ii. 806. Cirences (g) St. John Baptist v. St. James, Str. 594. 2 Bott, 392. ii. 807. R. v. St. Peter's on the Hill, 2 Bott, 393. 377. ii. 754. R. v. Castleton, Burr. S. C. 569. ii. 808. See R. v. St. Olave's Jewry, 2 Bott, 390. 1 Sess. Ca. 115. ii. 809. Clerkenwell v. Bridewell, Lord Raym. 549. ii. 810. (h) See ante, p. 53. 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, |