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APPRENTICESHIP-continued.

6. Premium and Stamp thereon-continued.

Where the father contracted to give 101. and the mother secretly more, duty
payable on 101. only, 469, 836.

Money given to apprentice is not within statute, 465.

Meat, clothes, &c., found for the apprentice is not “a thing given for benefit of
master," 468.

It means a horse or valuable thing of that kind, 467.

And not where father or apprentice covenants to find certain necessaries, and
the master to allow an equivalent, 466, 467.

Nor a stipulation for part of apprentice's earnings, 469.

There is an exemption in 8 Anne where money paid with apprentice put out at
charge of parish, or by public charity, 428.

This includes money given by parish officers, 465.

A public annual subscription is a public charity, 465.

So also a bequest to bind out apprentices, ib.

If the duty is not paid, the indenture is void, and no settlement can be
gained under it, 463, 464.

The premium must be written and inserted in words at length, 426.
Omission of this does not render the deed void, 466.

If the full sum is not inserted, the deed is void, 428.
Where no duty payable, insertion unnecessary, 465.

Indentures signed within Bills of Mortality to be stamped within one month
of date, and elsewhere within two months, 427.

Indenture executed before 44 Geo. III., and not stamped within time, is void, 464.
So also if lost before time for stamping expired, ib. n. (a.)

7. Stamp duty without regard to premium.

Both regulated now by 55 Geo. III. c. 184, 463.

Schedule relating to, 447.

Indenture unstamped is inadmissible in evidence, 470.

Stamp of improper denomination and equal value sufficient, unless specifically
appropriated, ib.

Indenture to serve one master four and another three years, in two trades,
requires only one stamp, 470, 471.-Second stamp for apprenticeship to
serve at sea, 471.

8. Imperfect Apprenticeships.

What is a hiring, and not an imperfect apprenticeship. See Hiring and
Service.

An imperfect apprenticeship cannot endure as a hiring, 472.

As where no indenture, or indenture not executed, or unstamped, 472.

Or is incomplete, for fraudulent reasons, 472.

The intention to create apprenticeship, may be inferred though the word
"apprentice" not used, 473, 474.

Inferred from a premium being given, 473, though it may be inferred where
no premium is given. No technical words necessary to create this relation.
It is enough if the purport of the contract be that one should teach and the
other learn a trade, 475.

If the contract be not reciprocal, the apprenticeship is defective, 475, 477.
A pauper "hired" by uncle" to learn his trade," to do any other work-
indentures prepared but not made-an imperfect apprenticeship, 475, 476.
So also where pauper agreed to serve as "an articled servant, to do any work,
and be an out apprentice," 476, 477.

So also where father gave a guinea to have his son taught a trade-master
treated and spoke of him as an apprentice, 477.

So also where mother accepted the offer to teach her son a trade and no deed
executed, because of mother's poverty, 477, 478.

9. Of Parish Apprenticeships, 479.

Majority of churchwardens and overseers may bind, 479, 480.

Power given by 43 Eliz., 424, 425.

Indentures signed by one churchwarden only and one overseer, before 51 Geo.
III., c. 8, rendered valid, 443.

This extends to parishes where there are three officers only, one of whom acts in
both characters, 479.

Indenture executed by one churchwarden and one overseer may be sufficient, ib.

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APPRENTICESHIP-continued.

Of Parish Apprenticeships-continued.

Indentures executed before 1 & 2 Geo. IV., c. 32, by one churchwarden, where
two formerly appointed, are valid, 451.

If a majority of the whole body execute, execution by a churchwarden unneces-
sary, 480.
See also title CERTIFICATES.

A defective parish apprenticeship may be good as a binding by the parties,
481, 482.

A parish indenture must be signed, but need not be sealed, by two justices, 482.
It is a judicial act, and justices must be together when they sign, 481.

If they act when separate, no settlement is gained under it, 481.

Where any expence is incurred by the parish, and the parish officers are not
parties, the justices must seal as well as sign, 482, 483.

Payment by the overseers is prima facie out of parish funds, 482.

Omission of this renders indenture void, 483.

And no settlement can be gained under it, ib.

So also where the order for binding is not referred to in the indenture by the
date, 484, 485.

If the justices who sign the allowance have no jurisdiction in the place where
the master lives, notice of the intended binding must be given to the overseers
of that place before allowance, 448. (And B. & C. 772.)

Justices of the county allowed a binding to a master resident in an exclusive
jurisdiction within the county, the indenture is void for want of notice,

485.

Justices" of county aforesaid" sufficient, if those words can apply to one county
only, ib.

No child can be bound a parish apprentice till he is nine years old, 449.

10. Enrolment of Indenture.

No person deemed an apprentice to the master of a merchant ship till the inden-
ture is enrolled, 452, 486.

Where an indenture was not enrolled according to 5 Eliz., service under it gave
settlement, 486.

11. Service and Residence.

The settlement is where he inhabits, (See 3 W. & M. c. 11, 425), not where he
serves, 492, as an apprentice for the last forty days, 486, 487.

The forty days' residence required by 13 & 14 Čar. II. c. 12, 425.

Residence for forty days in A, and then forty days in B, and then one day in A,
the settlement is in A, 487.

Forty successive days unnecessary, ib.

So also master's residence and settlement are immaterial, ib.

The inhabitation must be in the character of an apprentice, 489.

Residence with a relative on account of illness, with consent of master, gives no
settlement, 488.

So also where apprentice became a cripple, returned to his master, and was by
him placed with the mother in the same parish, 488.

Or where he was put by his master, and at his expence, in the workhouse,
488, 489.

Or where residing in one parish on account of illness, he does some work for
his master in another, 492.

Performance of actual service is not material, 488.

Inhabitation by indulgence is not sufficient, as where apprentice went home on
Saturdays, and absconded on the Monday, 489, 490, 491, 492.
The service ceased on the Saturday, ib.

But where the master and apprentice worked in one parish, and both returned
to master's house on Saturdays and Sundays in another parish, this last resi-
dence is under the indentures, 489, 490.

Residence by apprentice with his master, both being on duty in the militia,
sufficient, 492, 493.

Returning to school, and not at master's expence, is not sufficient, 494.

Apprentice sleeping on board of a ship lying within a parish, and in the course
of trade, gains a settlement there, 493, 494.

So also where ship laid up in winter, and apprentice resided with his parents,
without working for his master, who paid a compensation, 494, 495.
Sleeping in master's parish without his knowledge is not sufficient, 495.
But if with the knowledge of a second master it is sufficient, 495, 496.

APPRENTICESHIP-continued.

12. Service with different Masters.

Modern rule by Lord Tenterden, "an express consent of the first master, to
which the second must be privy, and an employment by the latter in the
capacity of apprentice," 497.

Several previous cases inconsistent with this principle, 497.

Service with another by the consent and for the benefit of the master, is suffi-
cient, 497.

The Assent must be express.

As by a recommendation, 497.

Mere knowledge does not imply consent, 498.

Permission to work where apprentice pleased is not sufficient, 498, 500, 509.
Though his master knows where he works, 500.

And though he occasionally worked for his master, and regularly paid his mas
ter 2s. a week, 498.

"You may go to S." sufficient assent, 498.

Consent may be given after the apprentice has entered the second service, 499.
Giving a character is an assent, 499, 500.

Where the second told the first master he had got the pauper, and first master

said "I am glad of it," the assent is not sufficient, 500, 501.

It must be given before the indentures are given up, 508, 509.

Consent, by whom to be given.

A widow without letters of administration may consent, 501.
So also an executor without probate, 501, 502.

So also the second master, 495, 496, 502.

By the appointee under 32 Geo. III. c. 57, 519, 520.

The Consent may be given by Parol or Assignment of Indenture.

An imperfect assignment of indenture is evidence of consent, 502, 503, 504.
Any assignment or putting away of parish apprentice since 56 Geo. III. c. 139,
must be by consent of justices, or no settlement can be gained, 449.
Stamp required for assignment where required on original indenture, 446, 447.
The Second Master must be privy to the Consent.

Particular consent insufficient, if the apprentice is hired as a servant, and the
second master is ignorant of the apprenticeship, 504, 505, 506, 507.

The Apprentice must be employed by the Second Master as such, and under the
Original Indenture.

If the apprentice is hired, the service is not referable to the indenture, but to the
hiring, 506.

Where a second indenture is executed after express consent, the service is not
referable to the original indenture, 507, 508, 512.

13. Of Vacating the Apprenticeship.

A relation created by deed cannot be discharged by parol, 512.

Bankruptcy of the master was no discharge of the indenture till 6 Gɛo. IV.
c. 16, 511.

Exchanging indentures is a virtual cancelling, 517, 518.

They are not vacated by being given up but not cancelled, 509, 510, 513.
Agreement to discharge indenture on certain payments does not vacate inden-
ture till money paid, 498, 511.

If money is paid, the indentures are discharged from the time of payment,
though not given up, 518, 764, 765.

The apprenticeship continues where master tells apprentice to shift for himself,
and if he cannot to return to him, 512, 513.

Consent to give up the apprentice, but indentures not given up, is not sufficient,

514.

Yearly payments made by apprentice to his master prove that the indentures
continue, 510, 511.

Entering into the King's service with master's consent, does not vacate them,
513.

Infant cannot consent to discharge, 515, unless it is manifestly for his benefit,
as where his master ran away, 515.

An infant bound by his father, may be discharged by consent of all parties, 517.
Parish apprentice of full age and bound till twenty-four, may be discharged with-
out consent of parish officers, 516. Contra, 514.

APPRENTICESHIP-continued.

Of Vacating the Apprenticeship-continued.

Apprenticeship is a personal trust, and determines by death of either party, 519.
But a parish apprenticeship continues till three months after the death of
master of the apprentice, then living with the family, 520.

And in certain cases the justices have power to order such apprentice to serve
the residue of his term, 436.

Justice may discharge parish apprentice, when the master cannot employ him,
438.

14. Evidence.

Secondary evidence of lost indenture, admissible, 828.

Parish register the best secondary evidence of parish indentures, ib.

Indenture executed thirty years ago presumed to have been stamped, though
no entry in stamp office, 829.

Parol indenture inadmissible, till both parts of indenture proved to have been
lost, 829, 830.

What is not sufficient evidence thereof, ib.

Any person, into whose hands it has been traced, must be called, 830, 833, 834.
Declaration of the master, that he delivered it to the overseers, is not sufficient,
master being alive, ib.

Declaration of pauper not living that he burnt it, and of master's executrix that
she could not find it, without search among papers, is sufficient evidence, 831.
Proof of the existence of indenture with all requisite essential preliminaries to
any parol evidence of its contents, 831.

Execution must be proved by party calling for it, though it comes from the
adverse party, 832.

Character of, after twenty years, presumed from being treated and working as
such, all papers having been burnt, 833.

Assignment by indorsement, inadmissible unless stamped, 834.

Recital of premium by law out of charitable fund no evidence, if payment of
premium proved, aliundè, 835.

ARREST.

Residence under, in the parish in which tenement lies, sufficient, 586.
For bastardy, does not dissolve a contract of hiring, 414.

ASSIGNMENT. See APPRENTICE (12.)

A person is not strictly assignable, 503.

But it may be evidence, if master consent to apprentice serving assignee, ib.
Of parish apprentice must be with consent of justices, 449.

It must be stamped, if the original indenture required it, 446, 447.

ASSISTANT OVERSEER.

May be appointed with salary, 14.

Form of appointment, 46, n. (b.)

His duties, 14, n. (a) 136, 137.

Cannot for his own profit provide goods, &c., for the poor, 372.

ATTAINTED PERSON.

May acquire, or communicate a settlement, 276.

ATTESTATION.

Certificates must be attested by two witnesses. See CERTIFICATE (5.)
Wills of real property must be attested by three witnesses, 799.

One attesting witness must in general be called, ib.

When his attendance dispensed with, id.

AXIOMS.

Effect of fraud prevented, when the interference does not infringe a higher
principle, 315.

BAILIFF.

B

Office of, in a borough, is within 3 and 4 W. & M. c. 10, s. 6, 643

BANKRUPTCY.

Of master does not dissolve a contract of hiring, 288.

Of master, discharge of apprenticeship since 6 Geo. IV. c. 16, 511.

Of overseer, before the end of his year, is with his certificate a discharge of
balance in his hands, 260.

BARRACKS.

Soldiers are not rateable for, if they have only necessary accommodation, 56.
Soldiers inhabiting, may rent tenement, 583.

BASTARD.

Child of a woman, whose husband is in England may be, 279, 804.

Their settlement, 279.

Settled where born, 279.

Can have no derivative settlement, ib.

Born in an extra-parochial place has no settlement, ib.

Born in a parish to which the mother has been removed by collusion, is settled in
the colluding parish, 280.

Born after order of removal made, and before removal, is settled in the mother's
parish, ib.

So also where the order is suspended, ib.

So where the mother is in transitu under it, ib.

Born after removal, and before the order is quashed, is settled in the removing
parish, ib.

Though it is not the mother's parish, 281.

And though the order was quashed for misdirection, ib.

Born in House of Industry, County Lunatic Asylum, belongs to the parish of
the mother, 281, 283.

Born in Prison, House of Industry, and Lying-in Hospital, gains no settlement
thereby, 275.

Born whilst mother was residing under Friendly Society Act follows mother's
settlement, 281, now repealed, ib.

Born of a vagrant followed mother's settlement till 5 Geo. IV. c. 83, 283.
Born under a certificate settled where born, 284.

Family," in the certificate, does not include, ib.

Nor "Woman and her child," ib.

But a certificate describing the woman as spinster, and the child she now
with, includes her bastard, 285.

goeth

"All other children she may have" does not include bastard born eight years
after, ib.

Removal of nurse child not removable from mother, though maintainable by his
own parish, 286.

Removable to his settlement if deserted by his mother, ib.

Order of maintenance when removed with mother, 287.

Women, pregnant with, may be removed, 724. See REMOVAL, (5.)

Servants, pregnant with, may be discharged, 412, 113.

Parents may prove the child a bastard, 804, 805. But cannot prove non access,
803, 804.

BENEFICIAL OCCUPANCY.

No rate can be imposed unless there is a beneficial occupation. See RATE.
BILL OF EXCEPTIONS.

Does not lie to the sessions, 787.

BINDING. See APPRENTICE, (2,) (9.)

BINSTEAD, PARISH OF. See ALICE HOLT.

BIRTH, SETTLEMENT BY.

Of Legitimate Children, 277.

Place of birth, primá facie place of settlement, 277, 279.

Though the evidence is slight, ib.

Superseded by proof of either paternal or maternal settlement, ib.

Fact of person found in a parish no evidence of his birth there, ib. Sex

CASUAL POOR.

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