Sixthly, Of settlement by apprenticeship. 1. The statutes, &c. 8 Anne, c. 9. Sixpence for every twenty shillings for fifty pounds or under, and twelve pence amount of duty; and were afterwards consolidated by 44 Geo. III. c. 98, s. 1, and which was again altered by the 55 Geo. III. c. 184, (post, 446,) as regards the amount of duty. Sect. 32. "That there shall be throughout the kingdom of Great Britain, raised, collected, and paid to her Majesty, her heirs and successors, the further rates, duties, and sums of money following, that is to say, the duty, rate, or sum of sixpence for every twenty shillings, for every sum of fifty pounds or under, and the duty, rate, or sum of one shilling, of every twenty shillings, of all and every sum and sums amounting to more than fifty pounds, which shall, at any time or times, from and after the first day of May, one thousand seven hundred and ten, and during the term of five years from thence next ensuing, be given, paid, contracted, or agreed for, with or in relation to every clerk, apprentice, or servant, which shall be, within the kingdom of Great Britain, put or placed to or with any master or mistress to learn any profession, trade, or employment, and proportionably for 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." for every sum of above fifty pounds, to be paid for every clerk or apprentice put out, for five years, made perpetual by 9 Anne, c. 21, s. 7. master. This duty to be under the management of the the stamp duties. Sect. 33. "That for the better and more effectual levying, collecting, 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, 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." Premiums to duties, and byx. The premium to be inserted Sect. 34. "That the duties last-mentioned, and hereby granted, shall 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 stamp vellum, parchment, and paper, who shall keep a separate and distinct 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 repayment of loans, or satisfaction of interest monies as is herein-after mentioned." Sect. 35. "That the full sum or sums of money received, or in anywise 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 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; 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 indenture, or other writing, shall, for every such offence, forfeit double the sum so given, 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 of double the sum. Scotland, at any time after the executing, making, or signing of any such indenture or writing, or making any such contract or agreement, and within one year after the time limited or appointed for the service of any such clerk, apprentice, or servant, to or with such master or mistress, shall be expired. Sect. 36. "That the said commissioners for managing the said duties on stamp vellum, parchment, and paper, shall provide two new stamps to be used in pursuance of this act, (over and besides the stamps heretofore requisite 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 shall or ought to contain the whole sum 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, in any part of Great Britain, (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 such 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 or other officer as aforesaid; and in case the said payment shall be made to the immediate hands of the receiver-general in the said head office, for her Majesty's use, then the indenture or writing, for which such payment shall be made, shall be forthwith 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 forthwith 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 the same be entered into, executed, or signed within the space of fifty 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 55 Geo. III. c. 184 (post, 446), requiring the stamp duty to be impressed before the stamp duty is executed. Sixthly, of settlement by apprenticeship. 1. The statutes, &c. 8 Anne, c. 9. Indentures, in which the full sum received, is void. (a) making thereof, be brought or sent to the said head office, where the same (being produced with the said receipt endorsed) shall be immediately stamped with one of the said new stamps, as the case shall require, by the officer appointed, or to be appointed, for that purpose." Sect. 39. "That all such indentures or writings, as aforesaid, wherein shall not be truly inserted and written the full sum and sums of money received, or in any wise directly or indirectly given, paid, secured, or contracted for, with or in relation to such clerk, apprentice, or servant, as not charged, &c., aforesaid, or whereupon the duties payable by this act shall not be duly paid or lawfully tendered, or which shall not be stamped, or lawfully tendered to be stamped, according to the tenor and true meaning of this act, within the respective times herein for that purpose severally and respectively limited, shall be void, and not available in any court or place, or to any purpose whatsoever; (a) and the clerk, apprentice, or servant, whom the same shall concern or relate to, shall in such case be utterly incapable of being free of any city, town, corporation, or company, and of following or exercising the intended profession, trade, or employment; any charter, law, or custom to the contrary notwithstanding." (a) And clerk, &c., incapacitated. Parish or public charities not charged.(a) Forging new stamps felony. Commissioners to be sworn. The oath. Sect. 40. "That nothing in this act contained shall be construed to extend to charge any master or mistress with the payment of any of the said duties, in respect of any money by him or her received with any apprentice or servant, who shall be put or placed out at the common or public charge of any parish or township, or by or out of any public charity, or to require the stamping with any such new stamp, as aforesaid, of any indenture, articles, covenant, agreement, or contract relating to such apprentice or servant as last-mentioned; any thing herein contained to the contrary notwithstanding." Sect. 41. "That if any person shall forge or counterfeit the said new stamps to be provided in pursuance of this act, or either of them, or impress any vellum, parchment, or paper with any such counterfeit stamp, or counterfeit any receipt for any monies payable by virtue of this act, every such person, being convicted of any of the offences before-mentioned, shall be adjudged a felon, and suffer as in cases of felony, without benefit of clergy." Sect. 42. "That every commissioner and officer, who shall act in or about the managing or collecting the duties last-mentioned, and hereby granted, shall, before he shall act in or about the same, take the oath following; that is to say, I, A. B., do swear, that I will faithfully execute the trust reposed in me pursuant to the act of parliament, intituled, An act for laying certain duties upon candles, and certain rates upon monies to be given with clerks and apprentices, towards raising her Majesty's supply, for the year one thousand seven hundred and ten, without fraud or concealment; and shall from time to time true account make of my doings therein, and deliver the same to such person or persons as her Majesty, her heirs and successors, shall appoint to receive such account; and shall take no fee, reward, or profit for the execution or performance of the said trust, or the business relating thereto, from any person or persons, other than such as shall be paid or allowed by her Majesty, her heirs and successors, or some other person or persons under her or them to that purpose authorized. (a) And no settlement gained, Rex v. Edgeworth, 3 T. R. 323; 5 B. & A. 412; 8 Taunt. 495; ante, Vol. I. tit. Apprentice, and post, (6th head.) But a premium, given by parish officers upon the binding out of a poor apprentice, need not be set out in the indenture, such indenture being exempted from duty by 8 Anne, c. 9, s. 40, and the insertion of the premium being required for no other purpose but to ascertain the amount of the duty. Rex v. Oadby, 1 B. & A. 477; and see 55 Geo. III. c. 184, Schedule, tit. Apprentice, post, 446; and 18 Geo. II. c. 22, s. 23, 24; and 22 Geo. II. c. 45. An indenture of apprenticeship executed before 44 Geo. III. c. 98, and not properly stamped with the premium stamp, could not afterwards be properly stamped; quare as to an indenture executed since that act; 5 B. & A. 414. Which oath shall and may be administered by any two or more of the commissioners last mentioned, or any justice of the peace." Sect. 43. "That no indenture or writing required by this act to be stamped, as aforesaid, shall be given or admitted in evidence in any suit to be brought by any of the parties thereunto, unless such party, on whose behalf the same shall be given or admitted in evidence, do first make oath, that to the best of his or her knowledge, the sum or sums therein for that purpose inserted or mentioned was or were really and truly all that was directly or indirectly given, paid, secured, or contracted for, on behalf or in respect of such clerk, apprentice, or servant, to or for the benefit of the master or mistress to or with whom such clerk, apprentice, or servant was put or placed." orders of the Sect. 44. "That the said commissioners for managing the said duties Commissioners on stamp vellum, parchment, and paper, and all other officers who shall to observe the be employed in or about the collecting or managing of the duties last-men- treasury. tioned, and hereby granted, shall, in and for the better execution of their several offices and trusts, observe and perform such rules, methods, and orders, as they respectively shall from time to time receive from the Lord High Treasurer now being, or the Lord High Treasurer of the Exchequer, or commissioners of the treasury for the time being; and that no fee or reward No fee for shall be demanded or taken by any of her Majesty's officers, relating to the stamps. said stamp duties, from any of her Majesty's subjects, for any matter or thing to be done in pursuance of this act; and in case any officer entrusted, or to be entrusted, in the execution of this act, in relation to the said stamp duties, shall refuse or neglect to perform any matter or thing by this act required to be done or performed by him, whereby any of her Majesty's subjects shall or may sustain any damage whatsoever, such officer so offending shall be liable, by any action to be founded on this statute, to answer to the party grieved all such damages with treble costs of suit." Sect. 45. "That during the said five years, where any thing or things, (a) not being lawful money of Great Britain, shall directly or indirectly be given, assigned, conveyed, delivered, contracted for, or secured, to or for the use or benefit of any master or mistress, with or in respect of any such clerk, apprentice, or servant, for whom a duty is chargeable by this act; the duties hereby granted and last-mentioned shall be answered and paid for the full value or values of such thing or things, (a) and the same duties for the said values shall be secured and answered in the same manner and form, and under the like pains, penalties, forfeitures, and incapacities, as are before in this act provided for securing the said rates upon monies given or paid, or agreed to be given or paid, with such clerks, apprentices, or servants, as aforesaid." Officer neglecting full damages and treble costs. his duty answers Where any thing any master, not such thing to be The 9 Anne, c. 21, renders perpetual the duties and regulations of 8 Anne, 9 Anne, c. 21. c. 9, and the words " or other considerations," are substituted for "thing or things," in the prior act. The 12 Anne, stat. 1, c. 18, s. 2, enacts," that if any person whatsoever, who shall be an apprentice, bound by indenture to, or shall be a hired servant to or with any person whatsoever, who did come into, or shall reside in, any parish, township, or place, in that part of Great Britain called England, by means or licence of such certificate, and not afterwards having gained a legal settlement in such parish, township, or place, such apprentice, by virtue of such apprenticeship, indenture, or binding; and such servant, by being hired by or serving as a servant as aforesaid to such person, shall not gain, or be adjudged to have, any settlement in such parish, township, or place, by reason of such apprenticeship, or binding, or by reason of such hiring or serving therein; but every such apprentice and servant shall have his and their settlements in such parish, township, or place, as if he or they had not been bound apprentice or apprentices, or had not been a hired servant or servants to such person as aforesaid; any act or acts of parliament to the contrary notwithstanding.” (a) The 9 Anne, c. 21, substitutes "or other considerations," for the above words, "thing or things." 12 Anne, st. 1, c. 18. Person bound apprentice, or being a hired who came into servant, to one a parish by certificate, shall not gain a settlement. Sixthly, Of The 13 Geo. II. c. 17, s. 2, enacts, “That every person who not having settlement by before used the sea, shall bind himself apprentice to serve at sea, shall be apprenticeship. freed and exempted from being impressed for the full space of three years, to be computed from the time of his binding himself apprentice as aforesaid." 1. The statutes, &c. 13 Geo. 2, c. 17. 18 Geo. 2, c 22. 20 Geo. 2, c. 19. Justices, upon complaint of apprentices, to summon the Justices, upon complaint of masters against apprentices, and to punish the The 18 Geo. II. c. 22, s. 23, 24, enacts, "That if the master shall neglect to pay the duties, he shall, besides all other penalties, forfeit double duty." The 20 Geo. II. c. 19, s. 3, enacts, "That it shall and may be lawful to and for any two or more such justices, upon any complaint or application by any apprentice put out by the parish, or any other apprentice, upon whose binding out no larger a sum than five pounds of lawful British money was paid, touching or concerning any misusage, refusal of necessary provision, cruelty, or other ill-treatment of or towards such apprentice, by his or her master or mistress, to summon such master or mistress to appear before such justices, at a reasonable time to be named in such summons; and such justices shall and may examine into the matter of such complaint; and upon proof thereof made, upon oath, to their satisfaction (whether the master or mistress be present, or not, if service of the summons be also, upon oath, proved) the said justices may discharge such apprentice, by warrant or certificate under their hands and seals; for which warrant or certificate no fees shall be paid." Sect. 4. "That it shall and may be lawful to and for such justices, upon application or complaint made, upon oath, by any master or mistress, against any such apprentice, touching or concerning any misdemeanor, misproof upon oath, carriage, or ill-behaviour, in such his or her service (which oath such justices are hereby empowered to administer), to hear, examine, and determine the same, and to punish the offender by commitment to the house of correction, there to remain and be corrected, and held to hard labour for a reasonable time, not exceeding one calendar month; or otherwise by discharging such apprentice, in manner and form before mentioned." offender by commitment, &c. Persons aggriev ed may appeal. Exception. Costs not to exceed forty shillings. No certiorari. Stannaries not included. 22 Geo. 2, c. 45. 31 Geo. 2, c. 11. Person bound apprentice by Sect. 5. "That if any person or persons shall think himself, herself, or themselves aggrieved by such determination, order, or warrant of such justice or justices as aforesaid, (save and except any order of commitment), he, she, or they may appeal to the next general quarter sessions of the peace to be held for the county, riding, liberty, city, town corporate, or place where such determination or order shall be made; which said next general quarter sessions is hereby empowered to hear and finally determine the same, and to give and award such costs to any of the respective persons, appellant or respondent, as the said sessions shall judge reasonable, not exceeding forty shillings; the same to be levied by distress and sale, in manner before mentioned." Sect. 6. "That no writ of certiorari, or other process, shall issue or be issuable to remove any proceedings whatsoever, had in pursuance of this act, into any of his Majesty's courts of record at Westminster." Sect. 7. "That nothing in this act contained shall extend to the stannaries in the counties of Devon and Cornwall." The 22 Geo. II. c. 45, s. 5, 6, 7, 8, contains important provisions enabling the master or apprentice, on certain terms, and on payment of double duty, to render the indenture valid, even within two years after the termination of the apprenticeship. (See these clauses, post, sixth head.) The 31 Geo. II. c. 11, s. 1, enacts, "That no person who shall have been bound an apprentice, or who shall hereafter be bound an apprentice, by any deed, &c., though deed, writing, or contract, not indented, being first legally stamped, shall be not indented, being first duly stamped, is entitled to a settle. ment where apprenticed. 2 Geo. 3, c. 15. 20 Geo. 3, c. 36. liable to be removed from the town, parish or place, where he or she shall have been so bound an apprentice, and resident forty days, by virtue of any order of removal, granted by two justices of the peace of any county, riding, division, city, borough, town corporate or place; or by virtue of any order of the justices at their general or quarter sessions, by reason or on account of such deed, writing or contract, not being indented only." See Rex v. Ditchingham, 4 T. R. 770. The 2 Geo. III. c. 15, s. 22 and 23, was repealed by 50 Geo. III. c. 108, s. 1. The 20 Geo. III. c. 36, intituled, " An act for obviating doubts, touching |