Page images
PDF
EPUB

* to extend to charge any master or mistress with the * payment of any of the said duties, in respect of any " money by him or her received with any apprentice or “ fervant who shall be put or placed out at the common “ or public charge of any parith or township, or by or

out of any public charity, or to require the stamping "! with any such new stamp, as aforesaid, of any inden“ ture, articles, covenant, agreement, or contract rela" ting to such apprentice or servant as last mentioned ; “ any thing herein contained to the contrary notwith4 standing.

665. But by 8. Ann, c. 2, 1, 43. “ It is further enacted, No indenture ta " That no indenture or writing required by this act be admitted in sú to be ftamped, as aforesaid, ihall be given or ad- evidence, unleft “ mitted in evidence in any suit to be brought by the fums were “ any of the parties thereunto, unless such party, on really paid, som $ whose behalf the same Thall be given or admitted “ in evidence, do first make oath, That to the best

of his or her knowledge, the sum or fums therein “ for that purpose inserted or mentioned was or were "" really and truly all that was directly or indirectly

given, paid, secured, or contracted for, on belialf or in respect of such clerk, apprentice, or servant, to or ” for the benefit of the master or mistress to or with " whom such clork, apprentice, or fervant, was put or " placed.”

666. And by 8. Ann. c. 9. f. 45. “ It is further de- Where any " clared and enacted, that where any thing or things, thing hall be

not being lawsul money of Great Britain, thall, di- given to any " re&tly or indirectly, be given, ailigned, conveyed, ing money, the “ delivered, contracted for, or tecured, to or for the du ies must be ” use or benefit of any master or mistress, with or in paid tos to the “ respect of any such clerk, apprentice, or servant, for full value of

such ching “ wirom a duty is chargeable by this act; the duties

hereby granted and last mentioned shall be answered " and paid, for the full value or values of such thing or

things, and the same duties for the said values thall be “ secured and answered in the same manner and form, " and under the like pains, penalties, forfeitures, and

incapacities, as are before in this act provided for se4 curing the faid rates upon monies given or paid, or “ agreed to be given or paid, with such clerks, appren!! tices, or servants, as aforesaid.".

667. By

Manters here.

667. By 9. Ann. c. 21. f. 66. “ It is further enacted, after omitting, « That if any master or mistress shall hereafter neglect to po forteit gol.

“ pay the said rates or duties last mentioned, within the “ retre tive times herein, and by the faid former act for " that purpose limited, according to the true intent and “ meaning of the same, every such master and mistress “ Thall, for every such neglect, forfeit the sum of fifty " pounds; the one moiety thereof to her majesty, her “ heirs and fucceffors, and the other moiety thereof, with “ full costs or suit, to such person or persons as shall in66 form and sue for the same, in any of the courts at

1Vejlminjler, for such neglect committed in England, " Wales, or Berwick upon Tweed, or in the court of “ exchequer in Scotland, for any such neglect there, by " action of debt, bill, plaint, or information, wherein s no esloin, protection, or wager of law, or any more “ than one imparlance shall be allowed.

hes.

Further time 668. By :8. Geo. 2. C. 22. 1. 23. it is RECITED, that allowed for " Whereas by 8. Ann. c. 9. and the 9. Ann. c. 21. payment of du: 66 certain rates and duties to be under the manage

“ ment of the commiífoners for the stamp duties, “ were charged and directed to be levied, and con“ tinued, for or in respect of monies given, paid, or a contracted for, with clerks, apprentices, or servants, " to be paid at such times, and in such manner, and “ under fucli penalties, as in and by the faid several « acts are respectively mentioned, expressed, and pro" vided : and whereas several perions have, through “ neglect or inadvertency, omitted to pay the several

rates and duties payable in that behalf, and to have " the indentures or contracts ftamped within the « times for those purposes respectively limited by the “ faid acts, whereby such clerks, apprentices, or servants, " and their maiters or mittrelies respectively, have in“ curred, and may be subject to several penalties, for“ feitures, and disabilities, it is therefore further enacted “ by the authority aforefaid, that upon payment of the • several rates and duties fo omitted or neglected to be

paid as aforesaid, on or before the firit day of August • one thousand teven hundred and forty-five, to the per“ fon or persons to whom the same ought to be paid, “ pursuant to the said act; and upon tendering to be “ stamped such indentures or contracts fo omitted to be « stamped at thc fame time, or at any time before the twenty-ninth day of September, one thousand seven " hundred and forty-five, the same indentures or con

6 tracts

" tra&ts shall be good and available in law and equity, as and

may be given in evidence in any court whatíoever; and the clerks, apprentices, or servants, therein " named, ihall be capable of following and exercising “ their respective intended trades or employments, as

fully as if the rates and duties fo omitted had been “ duly paid within the respective times, in the said for“ mer acts, or either of them, limited and appointed ; “ and the persons who have incurred any penalties, by " the omissions aforesaid, upon payment of such rates “ and duties, as aforesaid, within the time before limited, are hereby acquitted and discharged from the said pe“ nalties; any thing in the said two former acts, or “ either of them, contained to the contrary notwith« standing (a)."

cies;

669. By 18. Geo. 2. C. 22. f. 24. « And for the Further penale " better enforcing the payment of the rates and du-ties for not pay

ing the said de “ ties directed to be levied and paid by the said former “ acts, it is hereby further enacted, That if any master

or mistress thall neglect to pay the said rates and duties « for clerks, apprentices, or fervants, within the re

spective times, in and by the former acts limited and “ appointed in that belialf, according to the true intent « and meaning of the same, every such master and mis“ trefs thall, for every such neglect, forfeit and pay “ double the rates and duties charged and directed to be “ paid and levied by the said former acts, or either of them

(over and above all penalties and forfeitures thereby in

dicted) for all monies which shall at any time or times “ be given, paid, contracted or agreed for, with or in re“ lation to every such clerk, apprentice, or servant; “ which said penalties and forfeitures, directed to be “ levied by this present act, shall be paid by the “ faid masters or mistresses respectively, and thall “ be recovered, paid, and applied, in such and the how to be recer " same manner as any penalties or forfeitures in- vered.

(a) Until of late years, there was act of this kind was the 9. Geo. 3. generally an indemnity from time to C 37. ; but since that time, although time in some act of parliament for there has been a clause in some act the relief of persons who had omitted almost every year giving further to pay the said duries, or to insert time to provide admissions of ola the said sums in words at length, as ficers in corporations duly stamped, required by S. Ann, C. 9. 1. 32. & &c, the further time concerning the 35. ante, p. 471, 472. provided payment of the additional duty for they paid the duties and rendered money given with apprentices, hath the indentores to be ftamped within (cither through design or inadver. the time therein limited. The latt tence) never been revived.

66 fifted

[ocr errors]

"flicted by the faid forincr acts, or either of thert, « are thereby directed to be recovered, levied, paid, or

« applied.” Encouragement 670. By 8. Geo. 2. c. 22. f. 25. " If any master of to clerks, apo prentices, &c.

“ miftress of any such clerk, apprentice, or servant reto pay the duties“ spectively, shall neglet to pay the said rates and duon indentures, it “ ties fo charged by the faid former acts, or either of not paid by mal. or them, within the respective times therein limited in ters, s.

“ tlrat behalf, whereby the penalties or forfeitures in“ curred by virtue of this act will become charged

upon, and be payable by them respectively; and any “ such clerk, apprentice, or fervant respectively, fall, " and do in that case pay, or cause to be paid, the rates " and duties charged by the said former acts, or either of " them; and also the penalties and forfeitures inflicted “ and incurred by this present act, at any time within

one year after the same thall fo respectively become

charged, incurred, and made payable by virtue of this “ act, as aforesaid (such matter or mistress not having " then paid the faid rates, duties, penalties, and forfeit

ures refpectively, although required by such clerk,

apprentice, or fervant, fo to do, then, and in such as case, it shall and may be lawful to and for any such “ clerk, apprentice, or fervant, within three months “after such payment of the said rates, duties, penalties, " and forfeitures respectively, by him, her, or them, as “aforefaid, to demand of his or her maiter or mistress,

or his, her, or their executors or administrators, such “ Tum or fums of monev, as was or were paid to fuch “ master or mistress, for or in respect of such clerkthip, "arprenticchip, or fervitude; and in cafe fuch fum or “ sums of money ihall not be paid within three months " after such demand thereof made, it shall and may be “ lawful to and for any such clerk, apprentice, or fer

vant, to sue for and recover the same, with full costs “ of fuit, against such mafter or miitrels, his, her, or • their executors or administrators, by action of debt. “ bill, plaint, or information, in any of bis majetty's “ courts of record at 11etiminficr, wherein no effoin, pro“ tection, wager of law, or more than one imparlance “ fhall be allowed; and every such clerk, apprentice, “ or fervant, fhall and may, immediately after payment “ of such rates, duties, penalties, and forfeitures as " aforesaid, be discharged from his, her, or their clerk“ thip, apprenticeship, and service respectively; and “ from all acions, penalties, forfeitures, and damages,

" for

[ocr errors]

te for not serving the time for which he, she, or they " were respectively bound, contracted for, or agreed to

serve such master or mistress respectively:

671. By 18. Geo. 2. c. 22. f. 26. “ Provided always, Such clerks, &c. " that every such clerk, apprentice, or fervant, thall to have the

same benefit as « avail him or herleit, and have such and the

in care of turp. « fame benefit and advantage of the time he or the ing over, " shall respectively have continued with, and ferved “ such master or mistress refpectively, as he or she could “or might have done, in case of any alignment or “ turning over to any new or other matter or mil

* treis,'s

C. 45.

672. By 20. Geo. 2.

s.
5.

" It is further Upon payment enacted, That if any matter or mistress, who, by of double duties “ reaton of such neglect as aforesaid, thall become the contra els to “ liable to forfeit and pay the fạid double rates and be itamped “ duties as aforelaid, shall respectively pay the said within two “ double rates and duties unto the perfón or persons to years after the ** whom the fame ought to be paid in pursuance of end of the ap

prenticeship, " the said former acts, and also tender the indentures or

&c.the contradts * contracts to be stainped at ajoy time within two years to be good, * after the end or determination of the apprenticeship or and the penal

ties incurred “ service of any such clerk, apprentice, or fervant re

for omissions “spectively, and before any fuit or profecution shall have discharged upon “ been commenced for recovering any of the penalties paymencof dow" and forfeitures inflicted and incurred by the faid former ble duties. " acts, or any of them; then and in such case, the in" dentures or contracts of such clerk, apprentice, or “ servant respectively, shall be good and available in law " and equity, and may be given in evidence in any “ court whatsoever ; and the clerks, apprentices, or fer“ vants therein named, shall be capable of following and

exercising their respective intended trades or employ

ments, as fully as if the rates and duties fo omitteil, “ had been duly paid within the respective times in the “ said former acts, or any of them, limited or appoint“sed; and all and every person and persons, who shall “ have incurred any penalties by the omissions aforesaid,

upon payment of such double rates and duties as afore“ laid, within the respective times herein laft-before « limited in that behalf, ihall be, and they are hereby “ acquitted and discharged of and from the said penalties “ and forfeitures; any thing in the laid fornier acts, or

any of them, contained to the contrary notwithstanding.

673. By

« PreviousContinue »