III. THE TIME of SERVICE. 28. An apprentice muft refide forty days as an apprentice under the indentures to gain a fettlement, Mifjenden v. Grimsfield, ii. 558. pl. 494 29. And he gains a fettlement in that parish where he laft inhabited, though at different times, for the fpace of forty days, Rex v. Cirencefter, ii. 559. pl. 495 30. For inhabitation at different periods, though a new fettlement has intervened, may be connected fo as to make forty days refidence under indentures; and the fettle. ment, in fuch cafe, fhall be in the parish in which the apprentice lodged the last night, Rex v. Sandford, ii. 559. pl. 496 IV. THE PLACE of SERVICE. 31. The parish in which an apprentice inhabits during the last forty days' tervitude under the inden tures is the place of his fettlement, St. Bride's . St. Saviour's, ii. 561. pl. 498 32. And the fettlement in this cafe does not depend on the fettlement of the mafter; and therefore the apprentice fhall have a fettlement in the parish where he laft inhabits, although the mafter is not fettled there, Walbourn v, All-Sairts, ii, 561. pl. 499. 33. Therefore where a female ap prentice removed with her mistress into a different parith, where her miftrofs afterwards lived with her fon-in-law as a lodger, without gaining any fettlement in the parifh, yet it was held that the ap prentice gained a fettlement therein by inhabiting under the indentures, Stoke Fleming v. Berry Pomeii. 564. pl. 504. roy, 34. So where an apprentice to a cooper during the first fix years lived with his father in a different parish, but with his master for the jaft forty days of the feventh year, held that his fettlement was in the maiter's parish, Anonymous, ii. 563 pl. 502 35. But where a boy was bound apprentice to a cobler who rented a ftall in the parish of St. Olave, but lodged at nights in the parish of St. Giles, and the apprentice lodged with his father' in the parith of Whitechapel, it was held that he could not gain a fettlement in St. Olave's, for the cobler was not an inhabitant there by virtue of his fall; nor in the parish of St. Giles, for he never lodged there; nor in the parish of Whitechapel; for though he inhabited there, yet it was not in pursuance of his mafter's business under the indentures, Rex v. St. Olave's Jewry, ii. 561. pl. 500 36. So where the apprentice of a carpenter ferved his mafter in St. Peter's, but lived ate, and lodged at night with his mother in St. Olave's, it was held that he did not gain a fettlement in either parish, Rex v. St. Peter's on the Hill, ii. 565. 37. pl. 505 So alfo where the apprentice of a feofaring man lived at his house in St. Mary Colechurch in the day, time, but lay every night on board his matter's veffel in the parish of Radcliffe, it was held that he had not gained a fettlement in St. Mary Colechurch, because a man can only be faid to inbalit the place in which he lies or lodges; nor in the parifh of Radcliffe, because it did not appear that he went on board the was a part, Rex v. Burton Bradflock, ii. 565. pl. 506 42. So an apprentice who marries during his term, ferves his matter by day in one parish, but fleeps on nights is a different parifh, gains a fettlement where he lodges the last forty days, Rex v. Castleton, ii. 569. pl. 507 43. A perfon who has been educated in Bridewell, as an apprentice to one of the mafters of the faid hofpital, in the trade of hemp-dreffing, does not gain a fettlement in the place where that hofpital is fituated, for it is extra - parochial, Clerkenwell v. Bridewell, ii. 560. fhip to watch, or to do fervice on board for his master, Rex v. Radcliffe, ii. 563. pl. 501 38. So where the apprentice to a hofier ferved him in the day-time in his open fhop; but, in pursuance of a covenant in the indentures, had his meat, drink, wathing, and lodging all the time at his father's houle in a different parish, it was held, he did not gain a fettlement in either parish, although his mafter, pursuant to another covenant in the indentures, paid the father half-a-crown a week in lieu of, and in confideration for, his board and lodging, St. John Baptift v. St. James, ii. 563. pl. 503 39. But where the mafter died, and, after the apprentice had finished all the work then on hand, the mistress told him, that he must not stay with her; that there was no more work to do; and that he might go where he thought proper; and accordingly the apprentice went home to his father for the remainder of his time; it was held, that he gained a fettlement in the parish in which the mafter lived, Rex v. Check, ii. 45. 569. pl. 508 40. So if an apprentice, after a refidence of forty days, fall fick, and, on account thereof, go home to his father's houfe in a different parish, his fettlement is in the parifh where his mafter lives, although he continues more than forty days at his father's houfe, and although, at the time of his fo going home, the indentures were given up, Rex v. Titchfield, ii. 573. pl. 513 41. So where an apprentice to a hip owner ferved on board the fhip as apprentice to the owner, which hip was employed in a coafting trade from Bridport Harbour, and the harbour was confidered as the home of the ship, it was held, that the apprentice gained a fettlement in the parish of which the harbour V. DISCHARGING pl. 497 44. Indentures of apprenticeship are not difcharged by the bankruptcy of the matter, Buckington v. Shepton Bechamp, ii. 570. pl. 509 If an apprentice be bound to 4. 46. A parish apprentice, after having * m 4 1 47. Indentures cannot be difcharged by an infant apprentice; for his confent for fuch purpofe is of no validity, Rex v. Auftry, ii. 572. pl. 512 4. Same point, Rex v. Langham, ii. 593. pl. 531 49. An apprenticeship is not difcharged by the indentures being mutually delivered up, if they are not cancelled, Rex v. Titchfield, ii. 573. pl. 513 50. See also Rex v. Auftrey, ii. 585. pl. 524 51. A parish apprentice bound out until he fhall attain the age of twenty-four, agrees with his mafter, after he had attained the age of twenty-one, to cancel the indentures, and they were cancelled accordingly; the apprentice may afterwards gain a fettlement by hiring and fervice, although the parish-officers did not confent to the cancelling of the indentures, Rex v. Ecclefal Bierlow, ii. 573. pl. 514 52- For the affent of the parish-officers is not neceffary to the cancelling parish indentures, after the apprentice has attained the age of twenty-one; and therefore, if after that age the apprentice purchaje of the mafter the remainder of his time, the apprenticeship is diffolved, although the indentures are neither delivered up nor cancelled, Rex v. ii. 581. pl. 520 57. Same point, Rex v. Tavistock, ii. 588. pl. 526 Harburton, ii. 576. pl. 516 58. A parish apprentice, whofe in VI. OF fervice WITH DIFFERENT MASTERS. 53. An apprentice may be bound to one matter and ferve another; and he fhall gain a fettlement in the parish where the mafter lives with whom he refides, Holy Trinity v. Shoreditch, ii. 579. pl. 517 denture is delivered to a fecond master, and all intereft in the apprentice relinquished by the first mafter, by indorfement on the indentures, gains a fettlement by refiding with fuch fecond mafter, St. Petrox v. Stoke Fleming, ii. 582. pl. 521 59. A parish apprentice is bound to A. and ferves part of his time; then goes, with 4.'s confent, to live with B.; then runs away, and lives with his mother; is then bound bound out by B. to C. with whom he refides the last forty days: he gains a fettlement in the parish in which he refides with C. Rex v. Clapham, ii. 583. pl. 522 60. The master of a parish apprentice, not having fufficient work to employ her, confents to her hiring herfelt to another perfon in a different parifh, with whom the refides for above forty days, and until within eight days of the expiration of her apprenticeship, and then returns to her firft mafter; fhe gains a fettlement under the indenture with the fecond matter, Rex v. Fremington, ii. 584. pl. 523 61. An infant apprentice cannot gain a fettlement, under the indentures, by a hiring and service to a fecond mafter, upon a fuppofed discharge of the indentures, though by the exprefs confent of the original mafter, Rex v. Auftrey, ii. 585. pl. 524 62. An apprentice working with feveral masters, under a general licence by the first mafter to serve where he would, gains no fettlement thereby, St. Luke's v. St. Leonard's, ii. 586. pl. 525 63. An infant parih apprentice is bound to a widow in the occupation of a farm, until he should attain the age of twenty-four years, and after he had ferved about fix years, the quitted the farm to her fon, with whom the apprentice continued to live for several years, and then applied to his mafter to leave the fervice, and the mafter told him he might go where he pleafed, and he accordingly went to the next flatute-fair, and hired himself as a fervant; this is not a fervice under the indentures, Notton v. Roystone, ii. 575. pl. 515 64. A parish apprentice refides with his matter for two years; is then turned over to a perfon in another parish, where he refides above forty days, but, on his becoming a cripple, is fent back to his original malter, who fent him to board with his mother, where he refided above forty days, unable to ferve his matter, and is then difcharged by the feffions as incapable of farther fervice; he gains a fettlement, under the indentures, in the parish in which his mother lived, Rex v. Charles, ii. 588. pl. 527 65. If a mafter agree with his apprentice to furnith him with a loom, and permit him, on the payment of one fhilling a week, to work for himfelf; a fervice under this feparation with another mafter in a different parish is a fervice under the indentures, although the apprentice married in the interval, and the mafter knew with whom he was working, Rex v. Offerton, ii. 590. pl. 528 66. The mafter of a parish apprentice, after a fervice of four years, affigned her by parol to a fecond mater, with whom the lived feven months, and then ran away and returned to the parish in which the first mafter refided, and lived there nine months as a hired servant at a public houfe, but without any exprefs confent either of the first or the fecond matter, but both of them knew that he was living at the public houfe as a fervant: this is not a fervice under the indentures, for there must be the confent of the mafter either express or implied in order to an apprentice's gaining a fettlement with another perfon, and the confent of the mafter is not implied by his knowing where the apprentice refides, Rex v. Ideford, ii. 591. pl. 529 67. If the mafter of an apprentice die, and his executors, at the pauper's request, agree that he thall go and live with another perfon; a fervice of forty days with fuch perfon, purchafed an eftate of more than thirty pounds value in the certificated parish, gains a fettlement in fuch parish under the indentures, ii. 602. Ivinghoe v. Stonebridge, pl. 537 75. But he muft, in fuch cafe, inha- 76. An apprentice who inhabits with perfon, before the term of the apprenticeship expires, gains a fettlement under the indentures, Rex v. Steckland, ii. 592. pl. 530 68. The exprefs confeat, by parol, of a firft after to a fervice with a fecond mafter, is, for the purpofe of fettlement, a legal afgument of the apprentice, Rex v. Langham, ii. 593. pl. 531 69. To give a fettlement by fervice with another perfon, it is fufficient if the content of the first mater appear from circumstances, Rex v. Bradninch, ii. 594. pl. 532 70. The confent of the first master to a fervice with another períon is fufficiently expreffed by his giving 77. the pauper a character, Rex v. St. Mary Lambeth, ii. 595. pl. 533 71. An apprentice cannot gain a fettlement by ferving another mafter, unless there be an exprefs confent of the original matter to the particular fervice, for a mere recommendation is not fufficient, Rex v. Sandford, ii. 597. pl. 534 72. But it is fufficient although the confent of the original matter be not given until the fervice with the fecond mafter has commenced, Rex v. Bradlone, ii. 599. pl. 535 73. And if an apprentice's firit mafter give him leave to get another mafter, and recommend him to a particular pes fon in the fame trade, and make an agreement with him accordingly; a fervice with fuch fecoud malier for two months previous to the firth matter's delivering up the indentures, gains a fettlement under the indentures, Rex v. Holy Trinity, Abies, ii. 600. VII. Certificated APPRENTICES, pl. 536 74. An apprentice bound to, and ferving a certificate-man, who has don, But if an apprentice be bound to a freeman, and, before a fervice of forty days under the indentures, the matter receive a certificate, the apprentice, by the fubfequent fervice, cannot gain a fettlement, St. Cuthbert's v. Westbury, ii. 605. pl. 540 78. If a certificated man have a fon born under the certificate, and the certifying parifh bind out fuch fon as an apprentice in a third parish, the fon, by ferving under the indenture, gains a fettlement in fuch third parish, notwithstanding his father's certificate, Rex v. Silton, 1. Wilf. 184. 79. The fon of a certificated perfon who is bound an apprentice in the So. An apprentice to a certificate |