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APPEAL-continued.

From towns corporate not having six justices must be to the county sessions, 140,

142, 145.
Must be adjourned, if sufficient notice not given, 770, 771.
May be entered, though order abandoned, 767.
Against appointment of overseers, 27. See OVERSEERS.
Accounts of overseers, persons having material objections may, 265.
Stranger cannot, 272.
Notice in writing and the grounds required to be stated, 141, 271.
Not allowed against order of relief, 189, 190. See Relief, order of.
Allowed against rate, 139. See Rate, (11.)
So also against distress for rate, 150.
Allowed against order of removal, 761.

suspended order, 755, 756. See Removal, (7.)
In what cases notice and grounds of appeal required, 271.

Adjournment of. See Removal, ( 4.)
APPREHENSION.

Of parties cannot vary legal effect of contract.
APPRENTICESHIP, (Settlement by,) See SettlEMENT.
Division of the subject, 423.
1. Statutes chronologically arranged, 423—455.

Form of indentures and allowance by justices, 434, 435.
2. The instrument of binding.

The binding must be by deed, 455.

Indenture not necessary, ib.
3. The parties.

An infant may bind himself, 455.
And at seven years of age, 456.
Age of fitness question for discretion of justices, 457.
Any deed by which an infant, under eight, is bound to a chimney-sweeper,

is void, 431, 432, 457.
An infant may be master, 458.
Master's condition immaterial, ib.
So also his right to have an apprentice, ib.
Any person now may take apprentice, 444.
It is immaterial that the master was fraudulently imposed on the justices, 458,

459.
The apprentice may be bound to two masters consecutively by the same deed,

459.
The apprentice must be a party to the deed, though an infant, ib.
Adoption is not tantamount to execution, 460.
A father, at common law, has no authority to bind his son without his con-

sent, ib.

4. Execution of Instrument.

Master need not execute if apprentice bound, 462.
Where apprentice put out by trustees under a will, they need not execute, 480.
Nor guardians of the poor, 462.

Proof of, 832.
5. Time.

If for less than seven years. 462.

For unlimited time it is voidable only, and not by a third person, ib.
6. Premium and Stamp thereon.

Statutes relating to, 425, 426.
One duty only payable now under 55 Geo. III. c. 184, 463.
Schedule of stamps, 446.
A duty is payable by 8 Anne on every sum given or contracted for a relation to

apprentice, 426.
And where any thing, not money, is given or contracted for, a duty is charge-

able on its value, 429.
No duty is payable where the consideration is 6d., 464.
Duty paid on sum inserted, which was greater than the sum paid, is sufficient, 469.

P P P 2

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,461.

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. А pauper

“ hired” by uncle to learn his trade," to do any other workindentures 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.

M., 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 church warden and one overseer may be sufficient, ib.

955

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 primâ 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 8 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 iu 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 suft-

cient, 497.
The Assent must be erpress.

As by a recommendation, 497.
Mere knowledge does not imply consent, 498.
Permission to work where apprentice pleased is not sutñcient, 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 Geo. 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 conients, 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. (6.)
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.

B
BAILIFF.

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

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