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May, 1817, the pauper let himself as a yearly servant to R. Bailey of Mil- Thirdly, Pluce denhall, and entered into bis service on the same day. The pauper was of sett ement. employed by his master every day from the commencement of his service up
service, the pauto the 5th of April, 1818, to drive the mail cart to and from Newmarket and Mildenhall. For this purpose he started every night from Mildenhall, and where his place arrived at Neumarket about eleven o'clock in the evening; and after deliver- of rest is during
such service. ing the bags, &c., which generally occupied about an hour, went to bed at an inn
Neumarket, in a bed hired for him exclusively for a year, and paid for by his master. He slept until about four o'clock in the morning, when the mail-coach arrived at Newmarket from London, and the pauper used to get up and receive the Mildenhall mail-bags, and drive his cart back to Mildenhall, where he generally arrived about six o'clock. He then, after putting up his horse, &c., went to bed in a room provided for him in his master's house at Mildenhall, and slept two or three hours. He was employed during the rest of the day in Mildenhall, as his master chose, and sometimes, which was about eight or ten times in a month, he did not go to bed at all at Mildenhall. He kept all his clothes, and took all his meals in his master's house, and the room and bed in which he there slept were exclusively appropriated to him, and he considered that Mildenhall was his hoine, but that he took his night's rest at Newmarket. He kept no clothes, nor any thing else at Newmarket, and other persons occasionally slept in the same room there with him. From the 5th April, 1818, until the 1st of May, he never drove the mail-cart at all, but lived wholly in his master's service at Mildenhall. On the 1st May, 1818, he quitted Bailey's service.-By the Court. Here the pauper was, by the nature of his service, compelled to wait a few hours in the middle of the night for the return of the mail. During that time he slept there ; bnt that sleep was not his ordinary and sufficient rest; for after he returned to his master's house at Mildenhall he went to bed in his own room, which was there provided for his exclusive use. He did not therefore go to Newmarket as to his place of rest, and unless that were so, he could gain no settlement there. Besides, it was for the respondents below to establish affirmatively a settlement in Newmarket, and if that is left doubtful, the Court will not quash the order of sessions. But here, in fact, Mildenhall appears to have been the place of rest of the pauper during his service. Order confirmed.
[As to the evidence relating to this branch of Settlement, see post, Chapter on Evidence.]
(Sixthly)-Of Settlement by Apprenticeship. (a) The subject of ettlements by Apprenticeship, is susceptible lowing divisions, under which it will be treated :
1. Of the Statutes relating to Apprentices and their Settlement. 2. Of the Instrument of Binding. 3. The Parties to the Bindiug. 4. The Execution of the Instrument. 5. The Term of Years. 6. Of the Premium and Duty thereon, and Statement thereof. 7. Of the Stamp on Indenture without regard to the Premium. 8. The other Essentials of the Contract. 9. Of Parish Apprentices. 10. Of Inrolling the Indentures. 11. Of the Service and Residence. 12. Of Serving different Masters. 13. Of Vacating the Apprenticeship.
(a) See general division of the subject of settlement, ante, 273, and ante,
Vol. I. tit. Apprentices; and Chitty on Apprentices. VOL. IV.
1. Of the Statutes relating to Apprentice's Settlement. settlement by apprenticeship.
5 Eliz. c. 4, 5; 43 Eliz. c. 2; 7 Jac. I. c. 3; 3 Car. I. c. 40; 13 & 14
Car. II. c. 12; 3 W. & M. c. 11; 8 & 9 W. III. c. 30; 2 & 3 Ann. 1. Of the statutes c. 6; 8 Ann. c. 9; 9 Ann. c. 21; 12 Ann. st. 1, c. 18; 13 Geo. II. c. 17; relating to settlement by appren
18 Geo. II. c. 22; 20 Geo. II. c. 19; 22 Geo. II. c. 45; 31 Geo. II. c. 11; ticeship.
20 Geo. III. c. 36; 28 Geo. III. c. 48; 32 Geo. III. c. 57; 42 Geo. III. c. 46; 50 Geo. III. c. 108; 51 Geo. III. c. 80; 54 Geo. III. c. 96; 54 Geo. III. c. 107; 55 Geo. III. c. 184; 56 Geo. III. c. 139; 1 & 2 Geo. IV. c. 32; 3 Geo. IV. c. 126; 4 Geo. IV. c. 25, 29, 34, 95; 6 Geo. IV. c. 16, 107; 7 & 8 Geo. IV. c. 56; and Annual Mutiny Act.
The earlier enactments upon this division of the poor laws, relate chiefly to the manner in which pauper children should be placed out as apprentices, and the duty imposed upon overseers, &c., in this respect, with a view to the relief of parishes, and the permanent benefit of the paupers (a). The only statute which expressly provides that a settlement may be acquired by apprenticeship, is the 3 W. & M. c. 11, s. 8, (post, 245). But the 13 & 14 Car. II. c. 12, s. 1, by authorising two justices to remove any apprentice into the parish where he last resided forty days, unless he found security, &c., impliedly made a residence by an apprentice for forty days in any one parish a sufficient settlement; and see 31 Geo. II, c. 11, s. 1, (post, 430.) There are other provisions regulating the mode in which the relation of master and apprentice must be created, particularly in the case of parish apprentices, the observance or neglect of which frequently form the
matter of dispute. The statutory provisions on the subject are as follows:5 Eliz. c.4.
The 5 Eliz. c. 4, s. 25—48, contained various regulations respecting apprentices; and prohibiting persons who had not served seven years from setting up in any craft, mystery, or occupation. It also contained many regulations respecting the qualifications of persons entitled to take apprentices, and the term of years for which apprentices should be bound, and as to the mode of binding. These enactments were for the most part repealed by 54 Geo. III. c. 96, (post, 444.)
The 5 Eliz. c. 5, s. 12, enacts, “That from henceforth it shall be lawful to all Who may take and every owner and owners of ships or vessels, and to every householder apprentices.
using and exercising the trade of the seas by fishing or otherwise, and to every gunner or gunners, commonly called cannoneers, and to every shipwright, to take and keep one or more apprentice or apprentices to be brought up in the said trade or trades, every of the same apprentice or apprentices to be to them bound for ten years or under: and every apprentice so taken, being above seven years of age, shall be by the same covenants bound,
ordered, and used to all intents according to the custom of the city of Must be by in. London; so that the same covenant or bond of apprenticeship be made by denture, aiid en. writing indented, and enrolled in the town where the same apprentice shall
be then inhabiting, if it be a town corporate; and if the town be not incorporate, then to be enrolled in the next town incorporate to the habitation of every such apprentice: and that the officers of every such town corporate shall take for every such enrolment not above twelve pence; any law, statute, or other matter whatsoever, to the contrary notwithstanding.'
The 43 Eliz. c. 2, s. 5, enacts, “ That it shall and may be lawful for the said Binding parish
churchwardens and overseers, or the greater part of them, by the assent of apprentices.
any two (6) justices of the peace aforesaid, to bind any such children (c) as aforesaid, to be apprentices where they shall see convenient, till such man child shall come to the age of twenty-four, and such woman child to the age of twenty-one years, or the time of her marriage; (d) the same to be as
5 Eliz. c. 5.
49 Eliz. c. 2.
(a) See Vol. I. tit. Apprentices. shall not, by the said churchwardens
b) One of them must be of the and overseers, or the greater part of quorum. 2 Stra. 1110.
them, be thought able to keep and (c) This, with reference to the first maintain their children." section of the act, ante, 29, means, (d) Burr. S. C. 248, post. “ children of all such, whose parents
effectual to all purposes, as if such child were of full age, and by indenture Sixthly, Of or covenant bound him or herself.”
settlement by The 7 Jas. I. c. 3, enacts, how money given for the binding out of poor
apprenticeship. children apprentices, shall be employed, and by whom, and within what
1. The statutes, time the money shall be put out; and contains a provision that if there be &c. not fit persons in the parish to be bound apprentice, then poor children of 7 Jac. 1. c. 3. any of the next adjoining parishes shall be bound apprentices, and then directs what poor children shall be so bound, and contains regulations to prevent the misapplication of money.
The 3 Car. I. c. 40, s. 22, contains a further provision as to overseers put- 3 Car. 1. c. 40. ting out apprentices.
By 13 & 14 Car. II. c. 12, s. 1, "It shall and may be lawful, upon 13 & 14 Car. 2, complaint made by the church wardens or overseers of the poor of any parish, to any justice of peace, within forty days after persons coming so to settle as aforesaid, in any tenement under the yearly value of ten pounds, for any two justices of the peace, whereof one to be of the quorum, of the division where any person or persons that are likely to be chargeable to the parish shall come to inhabit, by their warrant to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner, apprentice or servant, for the space of forty days at the least, unless he or they give sufficient security for the discharge of the said parish, to be allowed by the said justices.
The 3 W. & M. c. 11, s. 8, (before alluded to, ante, 4:24,) enacts, " that if w... M...!!! any person shall be bound an apprentice by indenture, and inhabit in any town ment. or parish, such binding and inhabitation shall be adjudged a good settlement, though no such notice in uriting be delivered and published as aforesaid. (a)
It has been correctly observed in these statutes, that nothing more was required by 13 & 14 Car. II. c. 12, to settle an apprentice duly bound, than a residence of forty days; and the 3 W. & M. c. 11, exempts him from the necessity created by different statutes, of giving notice of his inhabitancy.
Nolan, P. L. 285, 493.
The 8 & 9 W. III. c. 30, s. 5, after reciting, that under the 43 Eliz. c. 2, 8 & 9 W. 3, c. 30. it had been doubted whether the persons to whom children were bound, were take parish apcompellable to receive such children as apprentices, enacts and declares, prentice. “That where any poor children shall be appointed to be bound apprentices, pursuant to the said act, the person or persons, to whom they are so appointed Isso van to be bound, shall receive and provide for them, according to the indenture: signed and confirmed by the two justices of the peace, and also execute the other part of the said indentures; and if he or she shall refuse so to do, oath being thereof made by one of the church wardens or overseers of the poor, before any two of the justices of the peace for that county, liberty, or riding, he or she, for every such offence, shall forfeit the sum of ten pounds, to be levied by distress and sale of the goods of any such offender, by warrant under the hands and seals of the said justices, the same to be applied to the use of the poor of that parish or place where such offence was committed ; saving always to the person, to whom any poor child shall be appointed to be bound an apprentice as aforesaid, if he or she shall think themselves aggrieved thereby, his or her appeal to the next general or quarter sessions of the peace for that county or riding, whose order therein shall be final, and conclude all parties." (And see construction in Rex v. Fleet, Cald. 31; and see 20 Geo. III. c. 36, post, 430-1.)
The 2 & 3 Anne, c. 6, s. 6, altered by 4 Anne, c. 19, s. 16, provides, “ That 2 & 3 Anne, c. 6. parish boys bound apprentices, may be turned over to the sea service as therein mentioned ; and contains regulations relative to such apprentices and their masters.'
The 8 Anne, c. 9, contains regulations as to duties to be paid on premiums 8 Anne, c. 12. given with clerks and apprentices. The 32, 33 & 34 sections related to the Duties on pre.
(a) “Such notice,” &c. This refers to the third section. See 1 Nolan, P. L. 286, where the reason of this enactment is explained.
clerk or appren
under the ma. nagement of the
Sirthly, Of amount of duty; and were afterwards consolidated by 44 Geo. III. c. 98, s. 1, settlement by and which was again altered by the 55 Geo. III. c. 184, (post, 446,) as apprenticeship. regards the amount of duty.
Sect. 32. “ That there shall be throughout the kingdom of Great Bri1. The statutes,
tain, raised, collected, and paid to her Majesty, her heirs and successors, 8 Anne, c. 9.
the further rates, duties, and sums of money following, that is to say, the Sixpence for duty, rate, or sum of sixpence for every twenty shillings, for every sum of shillings for fifty fifty pounds or under, and the duty, rate, or sum of one shilling, of every pounds or under, twenty shillings, of all and every sum and sums amounting to more than and twelve pence fifty pounds, which shall, at any time or times, from and after the first day for every sum of above fifty
of May, one thousand seven hundred and ten, and during the term of five pounds, to be years from thence next ensuing, be given, paid, contracted, or agreed for, paid for every with or in relation to every clerk, apprentice, or servant, which shall be, tice put out, for
within the kingdom of Great Britain, put or placed to or with any master five years, made or mistress to learn any profession, trade, or employment, and proportionably perpetual by 9
for Anne, c. 21, s. 7.
greater or lesser sums; which said duties, rates, and sums, shall be paid To be paid by the by the said masters or mistresses respectively.”
Sect. 33. “ That for the better and more effectual levying, collecting, This duty to be
and paying unto her Majesty, her heirs and successors, the said duties
after the rates of sixpence, and one shilling for every such respective sum of commissioners of twenty shillings, as aforesaid, the same shall be under the government, the stamp duties.
care, and management of the commissioners for the time being appointed to manage her Majesty's duties on stamp vellum, parchment, and paper ; and the same commissioners shall employ and appoint such inferior officers as shall be necessary for managing and collecting the duties last mentioned, and hereby granted, and for keeping accounts thereof, and for stamping all such indentures and other writings, which are hereby required to be stamped, as herein after is mentioned, and otherwise to act in and relating to the same duties, as her Majesty's service in this behalf shall require; and to cause such sum and sums of money to be expended and paid, from time to time, out of the duties last-mentioned, and hereby granted, for salaries, and other incident charges, as shall be necessary in and for the receiving, collecting, levying, or managing the same duties during the said term; any thing in this act contained to the contrary notwithstanding."
Sect. 34. “That the duties last-mentioned, and hereby granted, shall be paid to the Receiver-Gene
be all paid or transmitted, from time to time, as this act directs, into
the hands of the receiver-general for the time being of the said duties on him intanthe Ex. stamp vellum, parchment, and paper, who shall keep a separate and distinct chequer, weekly. account thereof, and pay the same into the receipt of the Exchequer of her
Majesty, her heirs and successors, weekly, on Wednesday in every week, unless it be a holy-day, and then the next day after which shall not be a holy-day, for the purposes in this act expressed, and under the like penalties, forfeitures, and disabilities, as are to be inflicted by this act, for diverting or misapplying any monies by this act appropriated or appointed for repay
ment of loans, or satisfaction of interest monies as is herein-after mentioned.” The premium Sect. 35. “That the full sum or sums of money received, or in any
wise directly or indirectly given, paid, agreed, or contracted for, during the &c., on forfeiture term aforesaid, with or in relation to every such clerk, apprentice, and ser
vant, 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; upon pain that every master or mistress, to or with whom, or to whose use, any sum of money whatsoever shall be given, paid, secured, or contracted, for or in respect of any such clerk, apprentice, or servant, as aforesaid, which shall not be truly and fully so inserted and specified in some such indeuture, or other writing, shall, for every such offence, forfeit double the sum so giren, paid, secured, or contracted for; the one moiety of which forfeitures, shall be to her Majesty, her heirs and successors; and the other moiety, with full costs, to any person or persons who shall inform and sue for the same, by action of debt, bill, plaint, or information, in any court of record at Westminster, or in the Exchequer of
ral of the stamp
to be inserted
of double the sum.
Scotland, at any time after the executing, making, or signing of any
such Sixthly, Of indenture or writing, or making any such contract or agreement, and within settlement by one year after the time limited or appointed for the service of any such apprenticeship. clerk, apprentice, or servant, to or with such master or mistress, shall be 1. The statutes, expired.
Sect. 36. “That the said commissioners for managing the said duties on 8 Anne, c. 9. stamp vellum, parchment, and paper, shall provide two new stamps to be Two new stamps used in pursuance of this act, (over and besides the stamps heretofore requisite &c. for or in respect of such indenture, or other writing, by virtue of the statutes in that case made,) the one of which new stamps shall denote the said duty of sixpence in the pound, and the other of the said new stamps shall denote the said duty of one shilling in the pound; and that all such indentures, or other writings, containing the sums truly given, paid, agreed, or contracted for, as aforesaid, which shall, within or during the said term of five years, be entered into, executed, or signed, within the cities of London or Westminster, or within the limits of the bills of mortality, shall be brought to the head office for stamping or marking of vellum, parchment, and paper, (a) and the duties hereby charged and payable for the sums therein to be inserted, as aforesaid, shall be paid to the receiver-general for the time being, of the said duties on stamp vellum, parchment, and paper; and upon such payment thereof, the same shall be stamped with one of the said new stamps, as the case shall require, within one month after the respective dates thereof."
Sect. 37. “That all the said indentures, and other writings, which Indentures to be shall or ought to contain the whole sum truly given, paid, agreed, or con
brought to the
head office, tracted for, as aforesaid, which shall, within or during the said term of five &c., in two years, be entered into, executed, or signed, in any part of Great Britain, months after
date ;(a) (not being within the limits of the said weekly bills of mortality,) shall (at the option of the party concerned) be brought or sent, (a) either to the head office within the limits of the said weekly bills, or else to some of the collectors, appointed or to be appointed for her Majesty's duties, upon stamp vellum, parchment, and paper, who shall reside without the limits of the said weekly bills, in England, Wales, or the town of Berwick upon Tweed, or to some of the officers to be appointed for the duties by this act granted in Scotland, within two months after the date, execution, or signing of every such indenture, or writing respectively, and upon producing of every indenture or writing, either at the said head office, or to such collector, or other officer, as aforesaid, her Majesty's duties hereby granted shall be paid, either to the said receiver-general at the said head office, or to such collector and there the or other officer as aforesaid; and in case the said payment shall be made to duty to be paid the immediate hands of the receiver-general in the said head office, for her stamped, &c., or Majesty's use, then the indenture or writing, for which such payment shall the collector to
indorse a receipt, be made, shall be forth with stamped with one of the said new stamps, as the case shall require; and in case such payment shall be made to the hands of such collector, or other officer, without the limits of the said weekly bills, the same collector or other officer is hereby required to endorse on such indenture or other writing, a receipt for the monies so paid, in words at length, bearing date the day on which such payment shall be made, and to subscribe his name thereto, (to the intent that he may thereby be charged with every sum so paid to him, and forth with deliver back the said indenture or writing so endorsed to the bringer thereof."
Sect. 38. “That every such indenture or writing so endorsed (in case Within what time the same be entered into, executed, or signed within the space of fifty indeptures shall
be stamped.(a) miles, to be computed from the limits of the said weekly bills of mortality) shall, within three months after the date or making thereof, and if the same be entered into, executed, or signed in any part of Great Britain at a greater distance from the limits aforesaid, shall, within six months after the date or
(a) This is virtually repealed by the before the stamp duty is executed. 55 Geo. III. c. 184 (post, 446), requir. There is now only one stamp; see 5 ing the stamp duty to be impressed B. & A. 412, post.