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1750. — Mr. Taylor White moved to quath. the (a) 1. Salk. 66. order of feffions, upon the authority of Rex v. Peck (a); Ante, page 52a. in which Eyre, Chief Justice, faid, that apprenticeship is pl. 739. a personal trust between the master and servant, and is determined by the death of either; and this case was allowed to be authority by the Court.

VIII. Of exercising a trade. 746. By 5. Eliz. C. 4. f. 31. “ It is enacted, that after None may use " the first day of May next coming, it shall not be lawful any manual oc“ to any person or persons, other than such as now do cupation, ex. lawfully use or exercise any art, mystery, or manual cept he hath

been apprentice “ occupation, to set up, occupy, use or exercise any craft, to the fame. “ mystery, or occupation now used (a) or occupied Scat. 31. Eliz. 5. " within the realm of England or Wales, except he shall 2. Bulnr. 186. “ have been brought up therein seven years at the least 3. Bulltr. 179. as an apprentice, in manner and form abovefaid ; nor " to set any person on work in such mystery, art, or oc“ cupation, being not a workman at this day, except “ he shall have been apprentice, as is aforesaid ; or else “ having served as an apprentice, as is aforesaid, shall or “ will become a journeyman, or hired by the year, upon “ pain that every person willingly offending or doing the “ contrary, thall forfeit and lose for every default forty “ Thillings for every month.

747. By 15. Car. 2. C. 15. f. 2. “ It shall and may be certain trades “ lawful for any person or persons whatsoever, native or excepted; in foreigner, freely, and without paying any acknowledg

which personis " jrent, fee, or other gratuity for the fame, in any place of may set up

without having England or Wales, privileged or unprivileged, corporate served seven “ or not corporate, to set up and exercise the trade, occupa- years. tion, or mystery of breaking, heckling, or dressing of “ hemp or flax : AS ALSO, for making and whitening of " thread: As Also, of spinning, weaving, making, whiten“ ing, or bleaching of any fort of cloth whatsoever, made “ of hemp or fax only : AS ALSO, the trade, occupation, “ or mystery of making of twine, or nets for fishery, or of “ stoving of cordage : AS ALSO, the trade, occupation, or

mystery of making any sort of tapestry bangings ; any “ law, statute, or ulage to the contrary in anywise nota .66 withstanding.”

(a) That is, on the 13th day of extend to new arts and myfteries in January 1562, when the parliament verted lince that time. 1. Roll. in which th:s statute paffed began; Rep. 10. 1. Vent. 326. $46. and cherefore this restraint hall not J. Burn's just. 89.

748. By

If any apprene 748. By 6:47. Will. 3. c. 17. f. 12. “ If any apprentice thall disco “ tice, being out of prison, Mall discover two or more Ver and convict

perfon or persons who have been guilty of chpping, two or more coiners, he may

“coining, counterfeiting, washing, tiling, or otherwise exercise a trade " diminishing the coin of this realm, fo as the said two though he has “ of more person or perfons discovered shall be convicted but ferved seven as of the faine, he shall be deemed and taken, and is bereyears.

“ by declared A FREEMAN, and shall have and may ex"ercise any lawful trade, profession, or mystery, with all “ liberties and privileges in as full and ample manner as « if the said person had served the full term of his ap“prenticeship ; any law, statute, custom, or ordinance to “ the contrary notwithstanding."

All officers, ma- 749. By 3. Geo. 3. c. 8. f. 1. (after reciting the restraints riners, and fol- of 5. Eliz. c. 4.) “It is enacted, that all officers, maridiers in the

" ners, foldiers, and marines, who have been at any time king's service,

employed in the service of his late and present majesty may exercise trades without “ fince 29th November 1748, and have not fince deserted having ferved an “ the said service; and also the wives and children of apprenticeship. “ fuch officers, mariners, soldiers, and marines, may fet

up and exercise fuch trades as they are apt and able for “ in any town or place within the kingdom of GreatBritain or Ireland, without any let, suit, or molestation

of any person or persons whatsoever, for or by reason “ of the using fuch trade."

Master dyers

750. By 17. Geo. 3. c. 33. (reciting 5. Eliz. c.4. f. .) within the four

“ It is enacted, That so much of the said act as relates counties may “to journeymen or servants being employed in the trade take as many or occupation of a dyer shall be repealed with respect 'apprentices as

“ to the counties of Middlesex, Esex, Surrey, and Kent; They please.

" and that it shall and may be lawful for any person exer

cising that trade within the said counties to employ fuch “ number of journeymen, servants, and labourers, as he “ shall have occasion for."

8. Co. 129.

Every man may 751. The City of London's Cafe, Hilary Term, 7. Jac. I. exercise a trade for his own ura

-If a man use the trade of a tallow-chandler, but he cannot baker, brewer, or any other lawful trade or manual occutake an appren. pation, for his own use or for the use of his family, withrice, out selling any for lucre or gain, he may lawfully do it ; 752. Rex v. Moor, Mich. Term, 26. Car. 2. 3. Keb. 400. Serving as an - Moor was indicted at Hicks's-Hall upon the statute of apprentice is 5. Eliz. C. 4. for using the trade of a carpenter, not having

but he cannot retain an apprentice therein, although he may hire one to be his servant who is skilful in that trade or occupation.

752. Rex (e) This law, says Sir William his occafioncd great variety of refoBlackstone, with regard to the ex- lutions in the courts of law concern. clusive part of it, has by cprns been ing it; and attempis have been free looked upon as a hard law, or as a quently made for its repeal, thougla beneficial ore, according to the pie. hitherto without fuccess. vaising humour of the times ; whish Com. 427.

(ufficient. served as an apprentice seven years. The evidence was, that he served fix years as an apprentice, and had fince, as journeyman in the same trade, worked above that time.

THE WHOLE COURT was of opinion, that a service of seven years was fufficient either way: and so the defendant was found not guilty.

753. Rex v. Plume, Hilary Term, 29. & 30. Car. 2. What trade 1. Vent. 326.-The defendant was indicted on the 5. Eliz. Ihall be con. C. 4. for exercising the art and mystery of a fruiterer, not

Gidered within

the statute. having been thereto brought up by the space of seven years. And, on demurrer to the declaration, The Court inclined to think, that a fruiterer was not a trade within the restraint of the statute, no more than a pippin-monger or a gardener. (a); but the decision of the question was adjourned.

754. Hobbes v. Young, Trinity Term, 3. Will. & Mary, Exercising, a

Trade by others 2. Salk. 610.-Debt on 5. Eliz. for using the trade of a

is within the cloth-worker, not being brought up an apprentice. Upon statute. nil debet the jury found, that the defendant was a Turkeya merchant, and exported woollen manufacture into Turkey, and that he employed clothiers that had served apprenricethip to work the cloths in his own house, at his own charge, and with his own materials, which he sent into Turkey as merchandize ; but that the defendant never served an apprenticeship.-Per CURIAM. First, The defendant is the trader in this case, and the person that exercises the trade, because he employs the rest, who work but as his servants, and the loss and gain is to be his. SECONDLY, This is a trading within the statute, because the cloth is not confined to the use of his own fa. mily, but vended out for the sake of commerce ; and whether the utterance be in England or in Turkey is not material. THIRDLY, That he that hath not served an apprenticeship is by this statute restrained to work as a trader, either by himself or others; for the intent of this act is to annex the benefit of trade to such as underwent the

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HOBBES v. hardship of learning it, thereby to encourage labour in YOUNG

youth: and few would undergo the trouble of being apprentices, if they might employ others to work for them. Fourthly, This is a negative statute, and no one hall exercise a trade against it, unless by virtue of a custom; as the widows of tradesmen, who by custom carry on the

trade of their husbands, which the Court held not within (a) Hutt. 132. the Itatute (a). 1. Saund. 312. 2. Bulft. 191. Cro. Car. 516. Service of ap

755. Rex v. Fox, Easier Term, 11. Will. 3. 1. Salk. 67. prenticeship be. - Indictment for using the trade of a taylor, not having yond sea fuffi- served an apprenticeship seven years, was quashed, becient.

cause only faid not having served as an apprentice infra regnum Angliæ aut Walliam; for it may be he did so beyond fea : and if it were any where, it' suffices.

Noy, 5.

Following a 756. Reg. v. Maddox, Easter Term, 5. Ann. 2. Salk. 613.. trade for seven - Per CURIAM. Upon indictments on the statute 5. Eliz. years is suffi.

in evidence we allow following the trade for seven years cient.

to be sufficient without any binding, this being a hard law.

cient.

30.

Serving an ap

757. Rex v. Lister, Mich. Term, 1. Geo. 2. Stra. 788 prenticeship to --In an indictment for exercising the trade of a salter a trade not men- (which was held well, though not mentioned in the staStatute is cuffi. tute 5. Eliz. c. 4.) the style of the king was “ Magnæ Bri

" tannie,” and the trade laid to be exercised at the time

of the statute infra hoc regnum must refer to Magne BriS.C. Bar. K.B.

lanniæ, whereas by the words of the statute it must be 2. Ser.Cal. 227.

used in England; and for this fault the indictment was J. Lev. 243.

quashed. And so was a former indictment, Rex v. Pa1. Sid. 364. rijh, Trin. 13. Geo. I. 2. Keb. 582. Serving an ap

758. Rex v. Munro, Hilary Term, 3. Geo. 2. 1. Bar. prenticeship to a K. B. 277:~Mr. Yates moved to qualh an indictment *w trade is suf- for exercising the trade of a baker, the defendant not havficient.

ing served a legal apprenticeship. The exception he took to it was, that the trade was not laid to be used infra regnum Angliæ at the time of the act.-The Court said, the trade of a baker was within the words of the act ; and no averment of the trade's being used at the time of the act is necessary, but where the trade only falls within the general conclusion of the clause at last.

759. Rex v. Morrice, Trinity Term, 3. Geo. 2. 1. Bar. But the meer exercise of a

X. B. 367.-In an indictment upon the Itatute of 5. Eliz. trade for seven years seems not to be sufficient.

for

før exerciting the trade of a grocer, without having served

Rex v. a legal apprenticeship, the defendant offered to give evi- MORRICE, dence of his having exercised this trade for seven years, as being matter tantamount to his having served an apprenticeship for that time.-CHIEF JUSTICE Eyre did allow, that the cases had gone so far, as to allow a wife's living in the 1hop with her husband for seven years to be equivalent to an apprenticeship; but thought the present cale not strong enough to comply with the meaning of the statute. Accordingly the evidence disallowed.

760. IVallen v. Holton, Trinity Terms 33. Geo. 2. Black. Exercifing a Rep. 233-Information at laft Berkshire aflīzes against trade seven the defendant, for exercising the trade of a baker contrary any profecution to the statute of 5. Eliz. It appeared in evidence that he with effect, a had followed it twelve years, but had never been an ap- fufficiens quan prenticc, nor served with any person as such. On a cafe lification. reserved, BARON Adams, before whom it was tried, consulted the eleven judges; who all joined with him in opinion, that exercising a trade seven years without any prosecution with effect was a suficient qualification; and accordingly he ruled it for the defendant, at his own chambers, 20th June 1760. Ex relatione Mri. Aston, counsel for the plaintiff.

761. Raynard v. Chace, Mich. Term, žo, Ĝeo. 2. 1. Burr. 2. If owe of two - This was an action of debt for a penalty on 5. Eliz. partners have c. 4. for exercising the trade of a brewer, without having served an apserved an apprenticeship. In the declaration there were the other is two counts. To the former nil debet was pleaded ; thereby protecto and there was a general verdict for the defendant, viz. ed from the " that the defendant does not owe, &c.”

But on restraints and the , fecond count there was a special verdict, which penalties of the was to the following effect, viz. that the defendant Chale and one Coxa were, and have been, during all the time charged in this count, partners in the trade ; and that the trade was carried on, and had been for four years carried on, in their joint names ; that Coxe did serve an apprenticeship, &c. but Chase never did ; and that Coxe is a working brewer, and was paid a salary for his labour; which falary was always deducted and allowed to him :previous to a division of the profits ; and the entries at the excise-office were in their joint names ; but that the defendant John Chase never exercised the trade himself (which was wholly managed and carried on by Coxe), but only shared the prçtits, and stood the risques of the partncrihip: and they find it to be a trade within 5. Eliz. 6. 4. Question on 5. Eliz. C. 4. f. 31 Whether the defendant John Chase is within the act upon this special

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finding?

Itatute.

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