« PreviousContinue »
-Rex v. Ixxa. whole contra&t fails. And though, where fraud consists BITANTS of
merely in matter of fact, the feilions must find the fraud; ST. PETROX.
yet that is not neceffary where the fraud is an inference of
law, or a compound of fact and of law. Neither does (a )8. Ann. C.9. this case come within the subsequent proviso (a) in the 1.40.
statute, which exempts from this duty all money given Ante Page 475. with apprentices “ who are placed out at the common or fl. 664.
“ public charge of any parish, or by or out of any public “ charity :" for the latter there is no pretence in this case;
and the former only relates to compulsory bindings under (b) Vide poft. the ftat. 43. Eliz. c. 2. (b); for there is no other binding sect. ix. of a parith apprentice than that by the parish-officers, with
the consent of two magittrates. Now this was not a binding of that description ; and there cannot be any constructive binding under that a&t, for neither the magiftrates or the parith-officers can delegate their duty or their trust to any other persons. If then the duty of fixpence in the pound were payable for this considerationmoney, the indenture is abfolutely “void, and not
available in any court or place, or to any purpose (1) By the 8. " whatever” (c).-LENS and East, contra, were stop-Inn. c. 9. 1. 39.-ped by the Court.--LorÐ KENYON, Chief Justice. It Ante; page 474• lias been very properly admitted, that this indenture of pl. 653.
apprenticeship was not abfolutely void, on account of the infancy of the parties, but only voidable ; and that unless there be fome other objection, the pauper is entitled to the benetit of the apprenticethip. But it has been contended, that it is void on another ground, namely, for the want of an additional stamp for the confideration-money of twenty shillings given with the apprentice; and that this does not come within the proviso in the statute of Anne relative to fums given with apprentices at the public charge of any parish, or by or out of any public charity. But I think there is no foundation for the argument. We must confider this to be a fair binding to the fon, because the sessions have not stated that it was fraudulent. Then if it were, as it professed to be, a binding to the fon, and not colourably to the mother, the statute requires no duty for the confideration-money, even though the money were not raised at the charge of the parish. The act of parliament, taking it all together, undoubtedly imposes the duty on money paid to the matter or mistress only for it says, “ That every małter or mistress, to
or with whom, or to- whose use any lum pall be given,
paid, fecured, or contracted, for or in respect of any “ such apprentices,”' &c. Now here the master did not receive the money which was given with the apprentice, but for reasons (not here stated) his mother received it;
and it is not stated that she received it as agent for her son. Rex v. INHABut even fuppofing that the master had received or contracted for the confideration-money, it was not subject to the duty imposed by the statute of Anne, because it was money railed at the common and public charge of the parish of Townstall, and as such it comes within the provifo in that act. It was assumed in argument as a proposition, that there can be no binding of any parish apprentice within the meaning of this provifo, unless it be a compulsory binding under the 43. of Elizabeth, with the concurrence of two magistrates. But that cannot be the construction of that itatute ; for one of the purposes of raising rates for the relief of the poor was to put out chil.. dren apprentices at the expence of the pariih. That is not reltrained to the case of a compulfory binding, which is under a subsequent claufe. And the object of that act is as well answered by a binding with the consent of the parents, as by a compulsory binding without their interterence : all that is required is, that the binding should be obligatory on the children. If the parents discharge their duty to their children, then there is no neceffity for the interference of the magistrates and parish-officers; but if the parents neglect their duty, or are not able to procure masters, then the parish-officers are bound to interpose, and they stand in loco parentum. Then in this case the consideration-money was advanced by the parichofficers; it came out of a fund excepted by the statute of Anne. Therefore on both the points, firit, that there was no money for which any duty was payable under any circumstances; or, fecondly (if there were), that it was excepted in this case, as the money was paid at the public charge of the parish, I am of opinion that the pauper gained a fettlement in Slapton by serving under this indenture ; and consequently that the order of festions should be qualhed.--AshHURST, ulice. It is not necessary to go into the first objection, that the money was paid to the master of the apprentice, and not to his mother, because the other objection is decisive, namely, that this money was paid out of the public fund of the parish. Though the legislature, in passing the statute of Elizabeth, might have chiefly provided for the case of a compulsory binding, yet it cannot be supposed that that act does not extend to voluntary bindings at the public charge of the parish. This was a binding at the public expence of the parish, and therefore comes within the exception in the Itatute of Anne.-GROSE, Yuflice (BULLER, Justice, abSent), declared himself of the same opinion.-Order of feffions quashed.
K k 3
V. Of the apprentice fee. 692. By 18. Gco. 2. c. 22. l: 25. “ If any master shall on the neglect." neglect to pay the stamp duties, and the apprentice, of the master, thall pay the du.
" after requiring the master so to do, lhall pay them and tits, he may re
" the forfeiture incurred by the non-payment, such apcover back the “ prentice may, within three months after such payment, apprentice fer. “ demand of his master, his executors or administrators, Ante, page 478.
“ such sums as were paid for his apprentice fee ; and if pl. 670. " not paid to him within three months after such de:
mand, he may recover them by action in the courts al “Westminsler, and discharge himself from his inden
tures, and have the same benefit as if he had been al.
signed to another master." A proper pro- 693. Thurman v. Abel, Trinity Term, 1688. 2. Vern. 64. portion of an -The defendant being an apothecary, the plaintiff put apprentice fee Thall be re
his son to him as an apprentice, and gave with him a sum funded, though of money, and allowed the youth ten pounds a year for the apprentice his cloaths. The defendant having put away his apprenbe discharged tice after he had lived some time with him by reason of for miscondu&. negligence and misdemeanours laid to his charge, The
Court decreed the matter to refund thirty pounds of
On the death of 691. Soamv. Bowden, Mich. Term, 30. Car. 2. Finch. 396. the master, a - The master received with the apprentice 250l. and died proportion of
within two years, the apprentice having for that time
been employed only in inferior affairs. It was decreed,
shall be ad.
If a matter be.
695. Ex parte Sandby, in Chancery, 1745. 1. Atk. 149. — come bankrupt, The petitioner, on the tenth of January 1744, was put The apprunice
apprentice to Ward, a bookfeller at York, and the sum of piirted a credicor 8cl was given with him as an apprentice for seven years. for a re :fənabie In July following, a commission of bankruptcy was taken proportion of
out against Ward; and being declared a bankrupt, afthe apprentice fignees were chosen, who fell off the bankrupt’s effects
, and he is now the supervisor of the press to the purchaler, and become incapable of performing his part of the con
tract, nor is the petitioner able to raise any money to put him out an apprentice to another matter, and, the coinmission being a recent one, probably no dividend may be made in a year, or a year and a half; so that all this time will be lost to the petitioner. Upon these circumftances, the petitioner prayed, that on deducting rol. out of the Sol. for his board with the bankrupt during the fix months he lived with him, the ailignees thould be ordered to pay him the sum of 7ol. out of the effects of the bankrupt already come to their hands, and not oblige him to prove it as a debt under the cominiilion.- The LORD CHANCELLOR HARDWICKE was at firit doubtful, and seemed inclined to grant the petition; but on ordering search to be made for precedents, and several being produced wherzin it was dire ted that apprentices should come in as creditors only, after deducting for the time they lived with the bankrupt, upon the remaining fum, it was ordered accordingly in this case, and thiat the petitioner should be admitted a creditor for 70l. only,
VI. Jurisdiction of the Justice and the Sessions,
696. By 5. Eliz. C. 4. f. 35.
" And if
Any justice “ ter shall misuse or evil intreat his apprentice, or the where the “ apprentice thall have any jutt cause to complain, or master dwells " the apprentice do not his duty to his master, then may atjust difo the master or apprentice being grieved, and having master and ap. « cause to complain, shall repair unto one justice of prensice.
peace within the county, or to the mayor or other “ head-officer of the city, town-corporate, market
town, or other place where the said master dwelleth, “ who shall by his wisdoin and discretion take such order " and direction between the master and his apprer tice,
as the equity of the cause Thall require."
697. By 5. Eliz. C. 4. f. 35. “And if for want of if the jartice “ good conformity in the matter, the justice of peace, cannot adjust
rich dispute, or the mavor or head-officer cannot cornpound and
hs may bind agree the matter betwee: him and his apprentice, the parties over " then the justice, or the mayor or other head-to appear at the
officer, thall take bond of the master, to appear at next sessions, r the next sessions then to be holden in the county, " or within the city, town-corporate, or market town, " to be before the justices of the said county, or " the mayor or head-officer of the town-corporate
“ or market town, if the master dwell within any
698. By 5. Eliz. c. 4. f. 35.“ And upon his apmay by order under hand and pearance, and hearing of the matter before the juireal d Tiharge “ tices, or the mayor or other head-officer, if it be the apprentice " thought meet unto them to discharge the apprcafrom tiis inden o tice of his apprenticehood, then the justices, or tures for a de fault in the
" four of them at the least, whereof one to be of the maiter.
« Quorum ; or the mayor or head-officer, with the “ confent of three other of his brethren, or men of beft “ reputation within the city, townl-corporate or mar
ket town, shall have power by authority hereof, in " writing under their hands and seals, to pronounce and “ declare, That they have discharged the apprentice of “ his apprenticehood, and the caufe thereof; and the " writing fo being made and inrolled by the clerk of the
peace, or town-clerk, amongit the records that he keepeth, shall be a fuffcient di charge for the faid op
prentice against his mafter, his executors and adminif“ trators; the indenture of the said apprenticehood,
or any law or custom to the contrary notwithstanding.”
The fellions 699. By 5. Eliz. c. 4. f. 35. " And if the default may punith an « shall be found to be in the apprentice, then the apprentice íor
juftices, or the mayor or other head-officer, with " the allistance aforesaid, Ihall cause such due correc“tion and punishment to be ministered unto him, « as by their wildoin and discretions thall be thought “ meet.”
Juttices of the 700. By 5. Eliz. c. 4. f. 47. “ If any fervant or appeace, or
“ prentice of husbandry, or of any art, science, or occumayors, &c.
pation aforesaid, unlawfully depart or fice into any may issue a
“ other thire, it ihall be la vful to the justices of the cupbris to app.evend an ap. peace, and to the mayors, bailifis, and other headpren ice who
" officers of cities and iowns corporate for the time fhalı run away“
being, justices of peace there, to make and grant writs from his master, « of capias
, so many and such as shall be necdful, to be prfra him un
“ directed to the theriffs of the counties, or to other
“ head-officers of the places whither such fervants or curity for his
“ apprentices shall fo depart or fice, to take their bodies good behaviour or returnable before them at what time Thall please then ;
“ so that if they come by such process that they be put “ in prison till they fall find sufficient surety well and “ honestly to serve their maiters, mistresses, or dames,
til he give re