« PreviousContinue »
Branch v. fruction contended for on the part of the plaintiff EWINGTON. Should prevail, parish-officers will be liable for the
breaclies of similar covenants in parish indentures [a].--LORD MANSFIELD stopped Baldwin, who was to have argued on the other side, and said, nothing was clearer than that the father was bound for the performance of
the covenants by the son.--- Judgment for the plaintiff [b]. If indentures 655. Rex v. St. Mary Lambeth, Trinity Term, 25. Geo. 3. remain untun. Editor's MSS.-On the 16th of March 1781, Frances celled, the con- Gill was bound an apprentice by indenture for five years fent of a master that the ap
to Joseph Corke, with whom the continued a year and a prentice hall half; when, having ítaid out all night, Cooke and his wife, serve another on her return, told her that she was no longer their appe: son is no
prentice, and might go and look for another place, and di Tolution of the apprentice- gave her money to go to a regifter-office to procure one.
Hicaring of a place a week afterwards, the hired herself as a fervant at forty thillings a year to Mr. Harvey, who cime to Cooke, and enquired her character. Gill, the apprentice, was at this time under age, and during her continuance in the fervice of lir. Harvey, which was for nine months, Nirs Cooke told her that her indentures were deftı oyed, but in fad they were neither cancelled nor delivered up, and the one part of them was proved to be in exiitence. Gill afterwards went into other services, and continued to visit her former mistress Cocke occasionally, who, on being told that she was settled in a good place, said the was glad of it.-LORD MANSFIELD. The indentures, not having been cancelled, are to be taken as still subsisting, and in fullforce, and therefore the power of Cooke, the original matter under those indentures, till continues. The character given to Hartey was given to Gill as servant, and was, therefore, a consent to the service, but not a diffolution of the indentures (c).
[a] In parish indentures under 43. leSee the care of Rex v. S1. Ni. Eliz.c. 2. 1. 5. the parish cticers do cholas Ipswich, Bu!r. S. C. 91. where
Vide the form of it is adjudged that the indentures besuch indentures, 1. Burn's Juilice, ing for five years, are voidable hy ei. 13th edii, p. 85.
ther pariy; and consequently the [b] Virte Wbitley v. Loftus, B. R. mstiev alone, without the conient of M. 10. Geo. 1. 8. Mod. 190. which the apprentice, or the delivery of the is directly in point, and was meant indentures, inight put an end to the 10 have been cited by Baldwin. apprenticeship.
IV. Of the stamp duty.
656. By the several stamp acts, the indenture by which A stamp of fix apprentices are bound (except the indenture of parish shillings Thall be apprentices), shall be on a fix thilling stamp, and the paid on every
indertureof apfaine shall not be given in evidence in any court till it
prenticeship, be stamped, and the duties paid.
except it be of parish apprentices. 1. Burn. 60.
657. And by 8. Ann. c.9. f. 32. “ There shall be, From ist May, throughout the kingdom of Greut Britain, raised, 1710, 6d. in collected and paid to her majesty, her heirs and suc- the pound for ceffors, the further rates, duties, and sums of money or under, and following, that is to say: The duty, rate, or fum of 1s. in the pound fixpence for every twenty Shillings, of every sum of for every fum of fifty pounds or under ; and the daty, rate, or sum of above gol. to be
one shilling for every twenty Shillings, of all and every Clerk or appren. * fum and fams amounting to more than fifty pounds, tice put out for " which shall be given, paid, contracted or agreed for, five years; to be “ with or in relation to every clerk, apprentice, or fer- paid by the
vant, which shall be, within the kingdom of Great “ Britain, put or placed to or with any maiter or mistress
to learn any profession, trade, or employment, and
proportionally for greater or leffer luns ; which faid “ duties, rates, and luns, 1hall be paid by the faid mal
ters or mistresses respectively.” 658. By 8. Ann. c. 9. 1. 33. “ And for the better and This duty to be
more effectual levying, colle&ting, and paying unto under the ma.. “ her majesty, her beirs and successors, the said duties nagement of the
commissioners " after the rates of fix-pence and one thilling for every of the stamp “ such respective fum of twenty thillings as aforesaid. DUTIS. “ the same shall be under the government, care, and
management of the commillioners for the time being “ appointed to manage her majetty's duties on Itamped “ vellum, parchment, and paper, and the fame com“ millioners shall employ and appoint fuclı inferior offi
cers as shall be necellary for inanaging and collecting " the duties laft mentioned, and hereby granted, and for
keeping accounts theriof, and for Itamping all fuch " indentures and other writings, which are hereby re“ quired to be stamped, as herein-after is mentioned, " and otherwise to act in and relating to the fame duties, " as her majesty's service in this behalf shall require ; " and to cause such sum and sums of money to be ex" pended and paid, from time to time, out of the duties
H h 4
“ last mentioned, and hereby granted, for salaries, and “ other incident charges, as ihall be necessary in and for “ the receiving, collceting, levying, or managing the “ fame duties during the said terın; any thing in this
“ act contained to the contrary notwithitanding." The full som
659. By 8. Ann. c. 9. 1. 35.“ The full fum or sums giv.n with an of money received, or in any wise directly or inaprentice, &c. “ directly given, paid, agreed, or contracted for, during to he inserted in on the term aforesaid, with or in relat on to every the indenture,
“ such clerk, apprentice, and servant, as aforesaid, shall &c.on forfeiture of double the
“ be truly inserted and written in words at length, in fum. “ some indenture or other writing, which shall contain
" the covenants, articles contacts, or agreements, re“ lating to the service of such clerk, apprentice, or “ fervant, as aforesaid, and Thall bear date upon the
day of the signing, sealing, or other execution of the " fame; 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 fer« vant, as aforesaid, which shall not be truly and fully “ ío inserted and specified in fome iuch indenture, or « other writing, fhall, for every such offence, forfeit “ dorible the sum so given, paid, fecured, or contrated “ for ; the one moiety of wliich forfeitures thall be to “ her majesty, her heirs or fucceffors, and the other
moiety, with full costs, to any person or persons who “ Diall inform and fue for the same, by action of debt, "s bill, plaint, or information, in any court of record « at Wijtminflor, or in the exchequer of Scotland, at “ any time after the executing, making, or figning any “ such indenture or writing, or making any such con" tract or agreement, and within one year after the time “ limited or appointed for the service of any such clerk,
apprentice, or fervant, to or with such matter or miltress, shall be expired.”
Two new ftamps to be provided, &c.
660. By 8. In". C. 9. f. 36. “ The faid commissioners " fo managing the faid duties on stamped vellum, parch
me':t, and paper, thall provide two new stamps to “ be used in pursuance of this act, (over and besides “ tie itamrs 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 fix-pence in the “ jound, and the other of the said new stamps ihall de" note the said duty of one Thilling in the pound; and “ all such indentures, or other writings, containing " the sums truly given, paid, agreed, or contracted for,
as aforesaid, which thall be entered into, executed,
or ligned, within the cities of London or Westminster, " or within the limits of the bills of mortality, thail be
brought to the head-office for stamping or marking of vellum, parchment, and paper, and the duties hereby
charged and payable for the sums therein to be insert“ed, as aforesaid, thall be paid to the receiver-general for ► the time being, of the laid duties on ftamped vellum, “ parchment, and paper; and upon tuch payment there“ of, 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."
661. By 8. Ann. c. 9.
" And all the said in- Indentures to be " dentures, and other writings, which ihall or ought brought to the
, " to contain the whole fum truly given, paid, agreed, cadRice, &c
in two “ or contracted for, as aforesaid, which thall be entered
after date; “ into, executed, or signed, in any part of Great Britain
(not being within the limits of the laid weekly bills “ of mortality) thall (at the option of the party con56 cerned) be brought or sent, either to the head-ofhce “ within the limits of the said weekly bills, or elíc to “ fome of the collectors appointed or to be appointed “ for her majesty's duties upon stamped vellum, parch
ment, and paper, who shall refide without the limits “ of the said weekly bills, in Englund, Wales, or the " town of Berwick upon Tweed, or to some of the of“ ficers to be appointed for the dutics 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-of“ fice, or to such collector or other officer, as aforesaid, “ her majesty's duties hereby granted thall be paid, either " to the said receiver-general at the said head-office, or
such collector or otlier officer, as aforeiaid: 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 forth“ with stamped with one of the said new stamps, as the “ cafe shall require: and in cale such payment Thall be u made to the hands of such collector, or other officer, “ without the limits of the said weekly bills, the same
and there the “ collector or other officer, is hereby required to indorse duty to be paid, “6
on such indenture, or other writing, a receipt for the anu indenture
monies so paid, in words at length, bearing date the fimped,&c.or the colletor to
" day on which such payment shall be made, and to incorle a re- “ 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 faid indenture or wri“ ting so indorsed to the bringer thereof."
Within what 662. And hy 8. Ann. c. 9. f. 38. “Every such indentime indenlures 66
ture, or writing so indonted in case the fame be entered Auld be tiampt. « into, executed, or signed within the space of tifty miles,
" to be computed from the limits of the faid weekly bills
“ executed or figned in any part of Great Britain at 2 Vide poft.p.477,
greater distance from the limits aforefaid, shall, within note (a). “ fix months after the date or making thercof, be
“ brought or sent to the said head-office, where the fame
(being produced with the said receipt indorsed) thall “ be immediately itamped with one of the said new “ stamps, as the case thall require, by the officer ap
pointed, or to be appointed for that purpose.” Indentures, in
663. By 8. Am. c. 9. f. 39. “ All such indentures or which the luil
writings, as aforesaid, wherein shall not be truly fum received, is not charged,
66 inserted and written the full fum and sums of mo&t, void; and ney received, or in any wile directly or indirectly foch clerk, ap- " given, paid, secured, or contracted for, with or in prentice, or fer-« rclation to such çlerk, apprentice, or servant, as aforevani, incapa.
" said, or whereupon the duties pavable by this act thall eitated.
“ not be duly paid, or lawfully tendered, or which shall
not be itamped, or lawfully tendered to be stamped, ac“ cording to the tenor and true meaning of this act, “ within the refpe&tive times herein for that purpose le“ verally and respectively limited, Ihall be void, and not " available in any court or place, or to any purpose “ whatsoever; and the clerk. apprentice, or fervant, “ whom the faine shall concern or relate to, ihail in “ such case be utterly incapable of being free of any city, " town, corporation, or company, and of following or “ exercising the intended profetlion, trade, or employ“ uvient; any charter, law, or custom to the contrary not“ withstanding."
664. By 8. Ann. C. 39. f. 40.“ Provided always, lic Charities not « That nothing in this act contained thall be construed changed ,