theft after fuch money fhall come to the hands of the "faid parties that by the intent and true meaning of "this act ought to difpofe and employ the fame; and if at fuch times there fhall not be found fit and apt per"fons to be bound out apprentices as aforefaid, within "the faid cities, towns, and parifhes where fuch fums of 66 money are, or hereafter fhall be given to be employed "as afore is declared, then fuch of the poorest children "of any of the parishes next adjoining fhall be bound A provifion if apprentices in manner as aforefaid, as by the care and there be not fir "good defcriptions of the parties which by this act have perfons in that "the difpofing and employment of the faid fums of mo parish to be ap ney in the cities, towns, and parifhes where it was prentices. "first given to be employed, fhall be thought fit and "convenient, taking fuch bonds and obligations of the perfons, that fhall receive the fame fums of money fo put forth, and with fuch fureties, and upon fuch con"ditions, as is above mentioned and declared." 66 825. By 7. Jac. 1. c. 3.f. 5. "PROVIDED ALWAYS, That What fort of "choice from time to time be made of the pooreft fort of perfons shall be children of every fuch city, town, and parish, where fuch apprentices monies fhall be fo given, and whofe parents are leaft able to relieve them; and that no fuch apprentice fhall "be above the age of fifteen years when he or the fhall be fo firft bound out an apprentice.” 826. By 7. Jac. 1.c. 3.f.6. "And for the better execution Account shall "of this act, be it further enacted, That all and every per- be made of the "fon and perfons appointed by this act to have the em- money em"ploying and difpofing of any fum or fums of money fo ployed. 66 64 66 given, or to be given as aforefaid, within any town or "parith not corporate, fhall, after the end of this prefent "leflion, of parliament, once every year in the Eafter "week, or within one month next after Eafter day, make "a true and perfect account before four, three, or two juftices of the peace dwelling in or next to every the "faid towns or parifes, of all fuch fum and fums of money as they or any of them have employed in bind"ing of apprentices by virtue of this act, and of all "bonds, and obligations taken for the payment thereof, "and alfo of all fuch fums of money as then fhall hapto be remaining in their hands not employed: and "alfo fhall, at the making and yielding up of the fard account, or within ten days next following; yield and "deliver unto fuch as fhall happen next to fucceed them, or then to be in the faid rooms and places, all fuch obligations and bonds as by them or any of them 66 pen A remedy where any party truft. ed fhall break the trust, or commit any offence. "have been before that time taken to the ufes aforefaid; "as alfo all fums of money remaining in their or any "of their hands to be employed as aforefaid, and not "employed at the time of the yielding up the faid ac"count." 66 827. By 7. Jac. I. c. 3. f. 7." It is further enacted, "That if any of the parties appointed and trusted by this "act to have the difpofing and employment of any of "the faid fums of money fo given or to be given as "aforefaid, fhall in any point or degree break the truft "and confidence in them in this behalf repofed, or shall "commit any other mifdemeanour or offence in mif " employing of the faid fums of money, or any part "thereof, or in doing any other act or acts contrary to "their duties, and the true intent and meaning of this "act, for which there is not by this act any penalty given or appointed; then it fhall and may be lawful for any "perfon or perfons whatfoever, in the behalf of the poor "of fuch city, borough, or parish, to exhibit his petition "to the lord chancellor, or lord keeper of the great "feal of England, for the time being, touching the fame : "which lord chancellor or lord keeper of the great "feal of England for the time being fhall thereupon "have full power and authority to award a commiffion "out of the high court of chancery, under the great "feal of England, to fuch and fo many perfons as his "lordship fhall think meet, to enquire, hear, and deter"mine the faid offences and every of them: and if the "commiffioners, or the moft part of them, fhall find that "any fum or fums of money fo given, or to be given, are loft, impaired, wafted, or diminished; then they, or the most part of them, fhall likewife have power by "virtue of this act, and of their faid commiffion, to rate, raife, and collect the faid fum of money fo loft, impaired, wafted, or diminished, upon fuch perfon or "perfons, in places not incorporate, as by this act are 46 appointed to have the guarding and ordering of the faid "monies, if they or any of them have failed in their faid "duties in that behalf; or otherwife upon the able in"habitants of fuch city, town, or parifh, where the fame "shall so happen, as in the difcretion of the faid com"miffioners, or the greater part of them, fhall be thought "fitted; and to return the faid commiffion, and the man"ner of the execution thereof, into the faid high court "of chancery within three months after the execution, "thereof. And if any perfon or perfons fhalf find him"felf grieved by any thing done by the faid commiffion "ers, "ers, then, upon complaint made in the high court "of chancery, the faid lord chancellor or lord keeper for the time being inall have full power and authority "to order and decree the fame as to his lordship fhall be "thought moft fit to ftand with equity and good con"fcience. binding upon 828. Rex v. Chalbury, Eafter Term, 9. Geo. 2. MSS.- Pa fon's conA pauper was bound an apprentice to one Colmac of Chal- fent not nebury, by the churchwardens and overfeers of the poor of ceffary to the the parish of Alfcot, with money belonging to Alfcot pa- the ftatute rith, till he fhould arrive to twenty-three years of age. Jac. 1. c. 3. The orders stated further, that there were in the parish of Alfcot two churchwardens, two overfeers, and two conftables. The question was upon the 7. Jac. 1. c. 3. (which fays, that the parfon or vicar of every fuch parith where there is charity money fhall, together with the conftables, &c.) Whether the binding was legal, the parfon not being made a party? which it was infifted he ought to be, as in a charter where 'tis faid the mayor with the burgeffes, or the greater number of them, may do any act, there the Mayor is a neceflary party in the doing of the act.-But PER CURIAM. There is no neceffity to conftrue an act of parliament with the fame ftri&tnefs as a charter. In the cafe of the mayor, the law confiders him as the head officer, and the perfon to hold the affembly; but in the cafe of the poor, the parfon is not fo neceffary as the churchwardens or overfeers. of the inhabi 1.40. 829. Rex v. Inhabitants of St. Matthew, Bethnal Green, A voluntary Hilary Term, 7. Geo. 3. Rurr. S. C. 574.- -John Fell contribution was brought up at the charity-fchool of the parish yearly of divers of St. John, Wapping, in the county of Middlefex; and tants of a pain the year 1747, was bound apprentice by indenture rifh is a PUBLIC to John Rudrupp, a blacksmith, for feven years; and CHARITYwithferved his whole time as apprentice, under fuch in- in the ftatute denture, with the faid John Rudrupp his mafter, in. Ann. . g. the faid parish of St. Botolph, without Aldgate, in the county of Middlefex: and at the time of his being put apprentice, the fum of five pounds was inferted in the faid indenture as paid, and was actually then paid to the faid,ohn Rudrupp, in confideration of his taking the said John Fell to be his apprentice, out of a voluntary yearly contribution or fubfcription of divers of the inhabitants of St. John Wapping aforefaid, for the purpose of putting out boys and girls apprentices, brought up at the charityfchool of the faid parish of St. John, Wapping: That there are annually elected, by the faid contributors or ST. MAT REX . INHA- fubfcribers, four trustees to manage the faid charity, and BITANTS of a treasurer: That a number of boys and girls are every THEW, BETH- year bound out by the faid truftees of the faid charity, as NAL GREEN. apprentices; and part of the faid charity-money is advanced with fuch apprentices, by fuch treasurer, by the order of the truftees of the faid charity for the time being and that the faid John Rudrupp received the faid five pounds mentioned in the faid indenture, from the truftces or treasurer of the faid charity: That the faid indenture of apprenticeship was not ftamped with any ftamp denoting fix-pence in the pound to have been paid by the faid mafter for every pound of the faid five pounds fo paid to the faid John Rudrupp as aforefaid. The As to ftamping question was, Whether, as it was a charity-binding, and the money being paid out of a charity, it was neceffary that the indenture fhould be ftamped (a)? It was argued, that this could not be deemed a public charity, within the act, because it is not a permanent charity. On the other fide it was infifted, that this cafe falls within the provifo and exception in the ftamp act of 8. Ann. c. 9. f. 40. "That nothing "in that act fhall be conftrued to extend to charge any mafter or miftrefs with the payment of any "of the faid duties, in refpect of any money by him or her received with any apprentice or fervant who fhall be put or placed out at the com"mon or public charge of any parish or township, indentures, vide 3. Burr. S. C. No. 48. 69. 80. 120. (a) Vide 8. Ann. c. 9. 1. 39 A bequest of out children ap 86 66 os by or out of any public charity; or to require "the flamping with any fuch new ftamp as aforefaid, of "any indenture, articles, covenant, or contract relating to fuch apprentice or fervant as last mentioned."LORD MANSFIELD was clear that this is a public charity, and a very laudable one. It is not neceffary that it fhould be a permanent charity. The reafon of the diftinction between a public and private charity is obvious a private one might be calculated to evade the act; a public one cannot be fuppofed to have been fo. This is a public charity within the reafon and the letter of the act.-MR. JUSTICE ASTON concurred. — MR. JUSTICE HEWITT was alfo of opinion that this is clearly a public charity. 830. Rex v. Inhabitants of Clifton upon Dunfmore, Himoney to put lary Term, 12. Geo. 3: Burr. S. C. 697.-George Hammond's prentices as the Was born at Clifton upon Dunfmore, and when about thirteen years of age was bound apprentice by indenture brother should ftamped with a treble fixpenny ftamp, dated 25th April public charity 1753, to William Fright of Swinford in the county of Lei teftatrix's think fit, is a within 8. Ann. c. 9. 1, 40. cefler, CLIFTON UPON DUNS refter, for feven years. The confideration-money in the REX.INUA- 66 Ludgate prifon, a hundred pounds, to take prifoners out "for fmall debts. ITEM, To Whitechapel prifon, thirty "pounds, to take out prifoners for fmall debts. ITEM, To the two Compters, twenty pounds to each, to take ❝ prifoners out. ITEM, To Clifton, fifty pounds, to be “given as my brother thinks fit; fome on't to put out children apprentices." And it also thereby appeared, that the faid legacies or bequests, with feveral other " pecuniary legacies, were by the faid will charged on a real PP 2 "eftate 1 |