BRANCH V. ftruction contended for on the part of the plaintiff EWINGTON. fhould prevail, parifh-officers will be liable for the If indentures remain uncan celled, the con fent of a master that the ap prentice hall serve another perfon is no diffolution of the apprenticeship. breaches of fimilar covenants in parifh indentures [a].--LORD MANSFIELD ftopped Baldwin, who was to have argued on the other fide, and faid, nothing was clearer than that the father was bound for the performance of the covenants by the fon.--- Judgment for the plaintiff [b]• 655. Rex v. St. Mary Lambeth, Trinity Term, 25. Geo. 3. Editor's MSS.-On the 16th of March 1781, Frances Gill was bound an apprentice by indenture for five years to Jofeph Cooke, with whom the continued a year and a half, when, having ftaid out all night, Cooke and his wife, on her return, told her that fhe was no longer their apprentice, and might go and look for another place, and gave her money to go to a register-office to procure one. Hearing of a place a week afterwards, fhe hired herself as a fervant at forty fhillings a year to Mr. Harvey, who came to Cooke, and enquired her character. Gill, the apprentice, was at this time under age, and during her continuance in the fervice of Mr. Harvey, which was for nine months, Mrs Cooke told her that her indentures were deftroyed, but in fat they were neither cancelled nor delivered up, and the one part of them was proved to be in existence. Gill afterwards went into other fervices, and continued to vifit her former miftrefs Cocke occafionally, who, on being told that the was fettled in a good place, faid fhe was glad of it.-LORD MANSFIELD. The indentures, not having been cancelled, are to be taken as still fubfifting, and in full force, and therefore the power of Cooke, the original mafler under thofe indentures, ftill continues. The character given to Harvey was given to Gill as fervant, and was, therefore, a confent to the fervice, but not a diffolution of the indentures (c). [4] In parish indentures under 43. fuch indentures, 1. Burn's Justice, [b] Vide Whitley v. Loftus, B. R. (c) See the cafe of Rex v. St. Nicholas Ipfavich, Burr. S. C. 91. whera it is adjudged that the indentures being for five years, ate voidable by either party; and confequently the matter alone, without the conient of the apprentice, or the delivery of the indentures, night put an end to the apprenticeship. IV. Of the ftamp duty. 656. By the feveral stamp acts, the indenture by which A ftamp of fix apprentices are bound (except the indenture of parifh fhillings fhall be apprentices), fhall be on a fix fhilling ftamp, and the paid on every fame fhall not be given in evidence in any court till it be ftamped, and the duties paid. 66 indenture of apprenticeship, except it be of parish apprentices. 1. Burn. 60. paid for every 657. And by 8. Ann. c. 9. f. 32. "There fhall be, From ift May, throughout the kingdom of Great Britain, raifed, 1710, 6d. in "collected and paid to her majefty, her heirs and fuc- the pound for every fum of 50l. ceffors, the further rates, duties, and fums of money or under, and "following, that is to fay: The duty, rate, or fum of 1s. in the pound fixpence for every twenty fhillings, of every fum of for every fum of fifty pounds or under; and the duty, rate, or fum of above 50l. to be one filling for every twenty fhillings, of all and every clerk or apprenfum and fums amounting to more than fifty pounds, tice put out for which fhall 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 fhall be, within the kingdom of Great "Britain, put or placed to or with any mafter or miftrefs "to learn any profeffion, trade, or employment, and proportionally for greater or leffer fums; which faid "duties, rates, and fums, thall be paid by the faid maf"ters or miftreffes refpectively." 46 maiter. commiffioners 658. By 8. Ann. c. 9. f. 33. " And for the better and This duty to be "more effectual levving, collecting, and paying unto under the ma"her majefty, her heirs and fucceffors, the faid duties nagement of the "after the rates of fix-pence and one fhilling for every of the STAMP "fuch refpective fum of twenty fhillings as aforefaid. DUTIES. "the fame fhall be under the government, care, and 66 66 66 management of the commiffioners for the time being appointed to manage her majefty's duties on ftamped "vellum, parchment, and paper; and the fame com"miffioners fhall employ and appoint fuch inferior officers as fhall be neceffary for managing and collecting the duties laft mentioned, and hereby granted, and for keeping accounts thereof, and for ftamping all fuch indentures and other writings, which are hereby required to be ftamped, as herein-after is mentioned, and otherwife to act in and relating to the fame duties, "as her majefty's fervice in this behalf fhall require; and to caufe fuch fum and fums of money to be ex* pended and paid, from time to time, out of the duties Hh 4 "laft The full fum "laft mentioned, and hereby granted, for falaries, and "other incident charges, as fhall be neceffary in and for "the receiving, collecting, levying, or managing the "fame duties during the faid term; any thing in this act contained to the contrary notwithĺtanding." 659. By 8. Ann. c. 9. f. 35. "The full fum or fums given with an "of money received, or in any wife directly or inapprentice, &c." directly given, paid, agreed, or contracted for, during to be inferted in the term aforefaid, with or in relat on to every "fuch clerk, apprentice, and fervant, as aforefaid, shall "be truly inferted and written in words at length, in "fome indenture or other writing, which fhall contain "the covenants, articles contracts, or agreements, re the indenture, Two new ftamps to be provided, &c. lating to the fervice of fuch clerk, apprentice, or "fervant, as aforefaid, and fhall bear date upon the "day of the figning, fealing, or other execution of the fame; upon pain, that every mafter or mistress, to "or with whom, or to whofe ufe, any fum of money "whatfoever thall be given, paid, fecured, or contracted, "for or in refpect of any fuch clerk, apprentice, or fer"vant, as aforefaid, which fhall not be truly and fully "fo inferted and fpecified in fome fuch indenture, or "other writing, fhall, for every fuch offence, forfeit "double the fum fo given, paid, fecured, or contracted "for; the one moiety of which forfeitures thall be to "her majefty, her heirs or fucceffors, and the other moiety, with full cofts, to any perfon or perfons who "fhall inform and fue for the fame, by action of debt, bill, plaint, or information, in any court of record " at Westminster, or in the exchequer of Scotland, at any time after the executing, making, or figning any "fuch indenture or writing, or making any fuch con"tract or agreement, and within one year after the time "limited or appointed for the fervice of any fuch clerk, apprentice, or fervant, to or with fuch mafter or mif"trefs, fhall be expired." st 66 660. By 8. Ann. c. 9. f. 36. "The faid commiffioners "for managing the faid duties on ftamped vellum, parchment, and paper, fhall provide two new ftamps to "be used in purfuance of this act, (over and befides "the flames heretofore requifite, for or in refpect of "fuch indenture, or other writing, by virtue of the "statutes in that cafe made) the one of which new ftamps fhall denote the faid duty of fix-pence in the found, and the other of the faid new ftamps fhall de " "note 36 "note the faid duty of one fhilling in the pound; and all fuch indentures, or other writings, containing the fums truly given, paid, agreed, or contracted for, "as aforefaid, which thall be entered into, executed, or figned, within the cities of London or Westminster, or within the limits of the bills of mortality, fhall be brought to the head-office for stamping or marking of "vellum, parchment, and paper, and the duties hereby charged and payable for the fums therein to be infert“ed, as aforesaid, shall be paid to the receiver-general for 66 66 the time being, of the faid duties on ftamped vellum, "parchment, and paper; and upon fuch payment there"of, the fame fhall be ftamped with one of the faid new ftamps, as the cafe fhall require, within one month after the refpective dates thereof." in two months after date; 661. By 8. Ann. c. 9. f. 37. "And all the faid in- Indentures to be "dentures, and other writings, which thall or ought brought to the "to contain the whole fum truly given, paid, agreed, head-office, &c, "or contracted for, as aforefaid, which thall be entered "into, executed, or figned, in any part of Great Britain "(not being within the limits of the faid weekly bills. "of mortality) fhall (at the option of the party con"cerned) be brought or fent, either to the head-office "within the limits of the faid weekly bills, or elfe to "fome of the collectors appointed or to be appointed "for her majefty's duties upon ftamped vellum, parch 66 ment, and paper, who fhall refide without the limits "of the faid weekly bills, in England, Wales, or the "town of Berwick upon Tweed, or to fome of the of"ficers to be appointed for the dutics by this act "granted in Scotland, within two months after the "date, execution, or figning of every fuch indenture, or writing refpectively: and upon producing of every "fuch indenture or writing, either at the faid head-of"fice, or to fuch collector or other officer, as aforefaid, "her majefty's duties hereby granted fhall be paid, either "to the faid receiver-general at the said head-office, or "to fuch collector or other officer, as aforefaid: and in "cafe the faid payment fhall be made to the immediate "hands of the receiver-general in the faid head-office, "for her majefty's ufe, then the indenture or writing, "for which fuch payment fhall be made, fhall be forth" with ftamped with one of the faid new ftamps, as the cafe fhall require: and in cafe fuch payment fhall be "made to the hands of fuch collector, or other officer, "without the limits of the faid weekly bills, the fame "collector and there the and indenture "collector or other officer, is hereby required to indorse duty to be paid, on fuch indenture, or other writing, a receipt for the "monies fo paid, in words at length, bearing date the day on which fuch payment fhall be made, and to "fubfcribe his name thereto (to the intent that he may "thereby be charged with every fum fo paid to him), "and forthwith deliver back the faid indenture or wri"ting fo indorfed to the bringer thereof." Ramped, &c.or the collector to indorfe a receipt, &c. Within what 662. And by S. Ann. c. 9. f. 38. “ Every fuch indentime indentures "ture, or writing fo indorfed (in cafe the fame be entered hall be itampt. into, executed, or figned within the fpace of fifty miles, to be computed from the limits of the faid weekly bills "of mortality) fhall, within three months after the date "or making thereof, and if the fame be entered into, "executed or figned in any part of Great Britain at a "greater diftance from the limits aforefaid, fhall, within "fix months after the date or making thereof, be brought or fent to the faid head-office, where the fame (being produced with the faid receipt indorfed) fhall "be immediately ftamped with one of the faid new "ftamps, as the cafe fhall require, by the officer appointed, or to be appointed for that purpose." Videpoft.p.477, note (a). Indentures, in which the full fum received, is not charged, 66 66 56 663. By S. Ann. c.9. f. 39. "All fuch indentures or "writings, as aforefaid, wherein fhall not be truly "inferted and written the full fum and fums of mo &t, void; and " ney received, or in any wife directly or indirectly fuch clerk, ap-given, paid, fecured, or contracted for, with or in prentice, or fu- relation to fuch clerk, apprentice, or fervant, as afore vant, incapa eitated. Parimes or pub. lic charities not charged. "faid, or whereupon the duties payable by this act fhall "not be duly paid, or lawfully tendered, or which fhall not be stamped, or lawfully tendered to be ftamped, ac"cording to the tenor and true meaning of this act, " within the respective times herein for that purpose se"verally and refpectively limited, thall be void, and not "available in any court or place, or to any purpose "whatfoever; and the clerk. apprentice, or fervant, "whom the fame fhall concern or relate to, fhall in "fuch cafe be utterly incapable of being free of any city, "town, corporation, or company, and of following or exercifing the intended profeffion, trade, or employ"ment; any charter, law, or custom to the contrary not"withstanding." 664. By 8. Ann. c. 39. f. 40. "Provided always, That nothing in this act contained fhall be construed |