APPRENTICESHIP-continued. 6. Premium and Stamp thereon-continued. Where the father contracted to give 101. and the mother secretly more, duty Money given to apprentice is not within statute, 465. Meat, clothes, &c., found for the apprentice is not “a thing given for benefit of It means a horse or valuable thing of that kind, 467. And not where father or apprentice covenants to find certain necessaries, and 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 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 The premium must be written and inserted in words at length, 426. If the full sum is not inserted, the deed is void, 428. Indentures signed within Bills of Mortality to be stamped within one month Indenture executed before 44 Geo. III., and not stamped within time, is void, 464. 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 Indenture to serve one master four and another three years, in two trades, 8. Imperfect Apprenticeships. What is a hiring, and not an imperfect apprenticeship. See Hiring and 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 Inferred from a premium being given, 473, though it may be inferred where If the contract be not reciprocal, the apprenticeship is defective, 475, 477. So also where father gave a guinea to have his son taught a trade-master So also where mother accepted the offer to teach her son a trade and no deed 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. This extends to parishes where there are three officers only, one of whom acts in Indenture executed by one churchwarden and one overseer may be sufficient, ib. APPRENTICESHIP-continued. Of Parish Apprenticeships-continued. Indentures executed before 1 & 2 Geo. IV., c. 32, by one churchwarden, where If a majority of the whole body execute, execution by a churchwarden unneces- A defective parish apprenticeship may be good as a binding by the parties, A parish indenture must be signed, but need not be sealed, by two justices, 482. 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 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 If the justices who sign the allowance have no jurisdiction in the place where Justices of the county allowed a binding to a master resident in an exclusive 485. Justices" of county aforesaid" sufficient, if those words can apply to one county 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- Where an indenture was not enrolled according to 5 Eliz., service under it gave 11. Service and Residence. The settlement is where he inhabits, (See 3 W. & M. c. 11, 425), not where he 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, 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 So also where apprentice became a cripple, returned to his master, and was by Or where he was put by his master, and at his expence, in the workhouse, Or where residing in one parish on account of illness, he does some work for Performance of actual service is not material, 488. Inhabitation by indulgence is not sufficient, as where apprentice went home on But where the master and apprentice worked in one parish, and both returned Residence by apprentice with his master, both being on duty in the militia, 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 So also where ship laid up in winter, and apprentice resided with his parents, APPRENTICESHIP-continued. 12. Service with different Masters. Modern rule by Lord Tenterden, "an express consent of the first master, to Several previous cases inconsistent with this principle, 497. Service with another by the consent and for the benefit of the master, is suffi- 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. And though he occasionally worked for his master, and regularly paid his mas "You may go to S." sufficient assent, 498. Consent may be given after the apprentice has entered the second service, 499. 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 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. Particular consent insufficient, if the apprentice is hired as a servant, and the The Apprentice must be employed by the Second Master as such, and under the If the apprentice is hired, the service is not referable to the indenture, but to the Where a second indenture is executed after express consent, the service is not 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. Exchanging indentures is a virtual cancelling, 517, 518. They are not vacated by being given up but not cancelled, 509, 510, 513. If money is paid, the indentures are discharged from the time of payment, The apprenticeship continues where master tells apprentice to shift for himself, 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 Entering into the King's service with master's consent, does not vacate them, Infant cannot consent to discharge, 515, unless it is manifestly for his benefit, An infant bound by his father, may be discharged by consent of all parties, 517. APPRENTICESHIP-continued. Of Vacating the Apprenticeship-continued. Apprenticeship is a personal trust, and determines by death of either party, 519. And in certain cases the justices have power to order such apprentice to serve Justice may discharge parish apprentice, when the master cannot employ him, 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 Parol indenture inadmissible, till both parts of indenture proved to have been What is not sufficient evidence thereof, ib. Any person, into whose hands it has been traced, must be called, 830, 833, 834. Declaration of pauper not living that he burnt it, and of master's executrix that Execution must be proved by party calling for it, though it comes from the Character of, after twenty years, presumed from being treated and working as Assignment by indorsement, inadmissible unless stamped, 834. Recital of premium by law out of charitable fund no evidence, if payment of ARREST. Residence under, in the parish in which tenement lies, sufficient, 586. ASSIGNMENT. See APPRENTICE (12.) A person is not strictly assignable, 503. But it may be evidence, if master consent to apprentice serving assignee, ib. 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.) 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 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 BARRACKS. Soldiers are not rateable for, if they have only necessary accommodation, 56. 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 Born after order of removal made, and before removal, is settled in the mother's 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 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 Born in Prison, House of Industry, and Lying-in Hospital, gains no settlement Born whilst mother was residing under Friendly Society Act follows mother's Born of a vagrant followed mother's settlement till 5 Geo. IV. c. 83, 283. 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 goeth "All other children she may have" does not include bastard born eight years Removal of nurse child not removable from mother, though maintainable by his 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, BENEFICIAL OCCUPANCY. No rate can be imposed unless there is a beneficial occupation. See RATE. 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. |