fhall have more than two apprentices at the fame time, or any week boy to weave in the faid trade of worsted weaving, on pain of FIVE POUNDS a-month, i. 455. pl. 629 II. WHO are compellable TO SERVE. 15. By 5. Eliz. c. 4. f. 35. if any perton required to be an apprentice as the act defcribes, fhall refufe fo to do, the housekeeper requiring may complain thereof to one juftice of the county, or to the mayor of the town, who may Bend for the perfon fo refufing to be an apprentice, and if he again retule, may commit him until he fhall comply, 3. 455. pl. 630 16. But no perfon fhall be obliged by this flatute to become an apprentice other than fuch as be under twenty-one years of age, i. 456. pl. 631 HI, OF the INDENTURES, 17. By 5. Fliz. c. 4. f. 25. an apprenticeship can only be created by INDENTURE, i. 456. pl. 632 18. The indentures must retain the perfon bound as an apprentice; for unless he be retained by the name of an apprentice, he is only an articled fervant, though he be bound, i. 457. pl. 636 19. But by 31. Geo. 2. C. 11. although the inftrument by which the contract is formed fhould not be indented, yet this defect fhall not prevent an apprentice from gaining a fettlement, ibid. notis 20. Therefore, when a mafter fent his footboy to a barber to learn to drefs and have, for which the * "mafter gave the barber a fee of five pounds, and entered into an agree. ment that the boy fhould stay with him fo long a time, it was held, that this was not an apprenticeship, for there was no covenant on the part of the boy to ferve the barber as an apprentice, Chesterfield Cafe, i. 458. pl. 639 21. And alfo the retainer muft, for every other purpose except that of gaining a fettlement, be by INDENTURE; and therefore when the writing by which one person agreed to ferve another for jeven years begun," THIS INDENTURE "witneffeth, &c." but was in fact a deed poll, and not an indenture, it was held, the mafter could not maintain any action upon it against a perfon for enticing away and detaining his APPRENTICE, Smith v. Bucle, i. 459. pl. 642 22. So alfo an agreement to execute indentures of apprenticeship will not conftitute a fufficient binding under 5. Eliz. c. 4. although a fervice of feven years is performed under it; for there must be an indenture duly executed, Rex v. Stratton, i. 461. pl. 645 23. Same point, Rex v. Whitchurch Canonicum, i. 464. pl. 650 24. And of courfe when there are neither indentures nor agreement, but only a binding by part, there can be no apprenticeship, Rex v. Maunom, i. 462. pl. 647 25. An indenture, however, though tott, fhall be fufficient, on proof being made that it was duly executed; but a declaration of the mother, that he heard the apprentice's father fay he was bound by indenture, is not fufficient evidence of the fact, i. 463. pl. 648 26. By 5. Eliz. c. 4. f. 41. all indentures, covenants, promises, and bargains for taking apprentices, made contrary to the directions of this act, are void, and the master fhall forfeit for every apprentice i. 456. pl. 633 TEN POUNDS, 27. But 27. But this fhall not affect the cuftom of LONDON and NORWICH refpecting the taking apprentices, i. 456. pl. 634 28. By 5. Eliz. c. 4. f. 42. perfons under the age of twenty-one, binding themselves apprentices by indenture according to the tenor of this act, although not according to the cuftom of the city of London, fhall be bound to ferve for the years in their feveral indentures contained, as amply and largely to every intent as if the fame apprentice were of full age at the time of making fuch indentures, i. 456. pl. 635 29. But although an infant may voluntarily bind himself apprentice, and if he continue apprentice for feven years may have the freedom to exercife his trade, yet neither at common law, nor under the 5. Eliz. c. 4. can he be fued upon the covenant of his indenture, Gilbert v. Fletcher, i, 457. pl. 637 30. It is therefore ufual for the father, or fome other friend, of the apprentice to become bound with him for performance of the covenants of the indentures; for where the father and fon on the one part, and the mafter on the other, mutually covenant and agree, &c. an action will lie againft both father and fon, although the breach is committed by the fon only, Whitby v. Loftus, i. 459. pl. 643 31. Same point, Branch v. Ewington, i. 469. pl. 654 32. Indentures, though not executed by the mafter, shall not prevent the perfon bound from deriving the effect of an apprenticeship from them, Rex v. St. Peter's, ii. 547. pl: 482 33. Same point, Rex v. Fleet, ii. 552. pl. 489 34. A binding to a mafter under the age of twenty-one years is good, Rex v. St. Petrox, ii. 558. pl. 493 35. Indentures of apprenticeship made 36. But although the parties cannot take advantage of their own act, yet an agreement to cancel indentures hail not affect them; and therefore, when a mafler gave up indentures to his fon, who was his apprentice, and the apprentice, before they were actually cancelled, became chargeable to the parish, it was held, that with respect to the parish the apprenticeship continued, Rex v. Thursby. i. 458. pl. 641 37. But perhaps this is to be underflood only when the apprentice is ftill under age; for when an apprentice was bound tili he should attain the age of twenty-four years, and by a formal agreement between his mafter and himself he was difcharged from his apprenticeship and the indentures delivered up, it was held, that the apprenticeship was not determined, because the apprentice being under age, he could not confent to diffolve the contract. But this was the cafe of a parish apprentice. Rex v. Auftry (lee infra), i. 463. pl. 649 38. For when a perfon was bound for feven years, and ferved five, and then left his mafter's fervice, and the indentures were afterwards exchanged between the apprentice's father and the mafter with the apprentice's confent, it was held, that the exchanging of the indentures amounted to a cancelling of them, and of courfe to a determination of the apprenticeship, Rex v. . St. ton, v. St. Mary Kallendar, i. 462. pl. 645 39. So when a boy eight years and a half old bound himself for feven years by indenture with his father's confent, who was a party thereto, and after a fervice of a year and a half the indenture was deftroyed by confent of the mafter, the father, and the apprentice, the apprenticefhip was diffolved, and the boy at liberty to bind himself apprentice to another mafter, Rex v. Weddingi. 464. pl. 651 40. So alfo where a person was bound for feven years, and, when he had attained the age of twenty-one, gave his mafter a guinea to dif charge him from his apprenticehip, and the mafter gave him a difcharge under his hand, the Court were of opinion, that if the indenture had not been destroyed, but had remained uncancelled in the mafter's hands, yet after this agreement with his apprentice, then at full age, he could not have ufed the indenture against the apprentice, Rex v. Juftices of Devonshire, i. 466. pl. 652 for less than feven years, voidable by the parties themfelves, and not void, Rex v. St. Nicholas Ipfwich, i. 461. pl. 64+ 45. But an apprentice running away from his matter is not avoiding the indentures; therefore when an infant was bound by indenture for fix years only, and was committed for running away, it was infited, that the binding was contrary to the དྷྭ་ Eliz. C. 4. which requires it to be for seven years at the least, and that the apprentice had done every-thing in his power to avoid this voidable indenture; but the Court held otherwise, Rex v. Evei. 468. pl. 653 red, 46. And even a binding for four years has been held fufficient to gain a fettlement, for its voidability cannot be taken advantage of by the barish-officer, but only by the parties themselves, Rex v. St. Nicholas, i. 461 pl. 644 47. Same point in fame cafe, ii. 546. pl. 480 48. Same point, Rex v. St. Petrox, ii. 547. pl. 483 See SETTLEMENT BY APPREN TICESHIP. IV. OF the STAMP DUTY. 49. The indenture (except in the cafe of a parish apprentice) must be ftamped with a fix filling ftamp, or it cannot be given in evidence, i, 471. pl. 656 50. By 8. Ann. c. 9. f. 32. alfo 2 duty is impofed of fixpence for every twenty fhillings on every fun of fifty pounds or under, and one filling for every twenty fillings on all fums above fifty pounds, given, paid, contracted, or agreed for, with or in relation to every clerk, apprentice or fervant; and proportionably for greater or leffer fums; which duty fhall be paid by the mafter or miftrefs, i. 471. pl. 657 51. By $1. By 8. Ann. c. 9. f. 33. this duty fhall be under the management of the commiffioners of the ftamp office, i. 471. pl. 658 52. By 8. Ann. c. 9. f. 35. the monies paid or agreed to be paid with every clerk, apprentice, and fervant, fhall be truly inferted and written in words at length in the indenture or other writing which contains the covenants, &c. for fuch fervice; and fuch indenture or writing fhall bear date upon the day of figning, fealing, or otherways executing the fame, upon pain to every mafter or mistress of double the fum given, one moiety to the king, and the other to the informer, with full costs, to be recovered by action, &c. within one year after the term appointed for the fervice is expired, i. 472. pl. 659 53. By 8. Ann. c. 9. f. 36. the commiffioners of the ftamp office are to provide two additional ftamps denoting the fixpenny and the billing duties; and all indentures, &c.executed in the Bills of Mortality fhall be stamped at THE STAMPOFFICE at Somerjet House, and the duties paid to the receiver-general within one month from the date of the indenture, i. 472. pl. 660 54. By 8. Ann. c. 9. f. 37. all fuch indentures, &c, executed in any other part of Great Britain fhall, at the option of the party, be fent either to the ftamp office, or to fome of the collectors refiding with. out the Bills of Mortality, within two months after the date of fuch indentures, and the duties paid thereon; and in cafe the faid payment shall be made immediately to the receiver-general, the indenture fhall be forthwith ftamped with one of the new ftamps; but if made to the collector, he fhall indorfe on fuch indenture a receipt for the monies fo paid in words at length, bearing date the day on which fuch payment fhall be made, and fubfcribe his name thereto, and then deliver back the indenture to the bringer thereof, i. 473. pl. 661 55. By 8. Ann. c. 9. f. 38. the indenture, &c. fo indorsed, if made within fifty miles from the Bills of Mortality, fhall, within three months after the date thereof, and if made at any greater diftance, within fix months after the date thereof, be brought or fent to THE STAMP OFFICE in London, and immediately ftamped, as the cafe fhall require, i. 474. pl. 663 56. By 8. Ann. c. 9. f. 39. all indentures, &c. wherein thall not be truly inferted the full fum received with fuch apprentice, &c. or which fhall not be ftamped according to the tenor of this act within the time limited, shall be void, and not available in any court, and the apprentice be incapable of being free of any city, &c. or of following the intended trade, i. 474. pl. 663 57. By 8. Ann. c. 9. f. 40. but this act shall not extend to apprentices put out at the common or public charge of any parish, i. 474. pl. 664 f. 43. no in58. By 8. Ann. c. 9. denture required by this act to be ftamped fhall be given in evidence in any fuit brought by the parties, unless the party producing it do first make oath, that the fums inferted were all that were paid on behalf of the apprentice, &c. i. 475 pl. 665 59. By 8. Ann. c. 9. f. 45. and where any thing not being money fhall be given, &c. to any mafter or mistress with any apprentice for whom a duty is chargeable by this act, the duty fhall be paid to the full value of the thing given, i. 475. pl. 666 60. By 9. Ann. c. 21. f. 66. if any mafter or mistress fhall neglect to pay the rates or duties, they fhall forfeit FIFTY POUNDS, one moiety to the king, the other to him who fhall fue for the fame, &c. i. 476. pl. 667 61. If a perfon agrees to go apprentice to another, and enters upon the fervice accordingly, and after a trial of three months is bound apprentice by indenture, but the indentures are dated at the time they entered on the fervice, and not at the time of the execution, the indentures are abfolutely void to all intents and purpofes by 8. Ann. c. 9. f. 35. Cuerden v. Lei. 483. pl. 679 62. So alfo where a mother bound her fon apprentice, and paid twenty fillings to the mafter, which fum was recited in the indenture, purfuant to 8. Ann. c. 9. f. 45. but the fixpence duty was never paid, nor the indentures ftamped with the additional stamp, they were held void ab initio, Cuerden v. Leland, i. 483. pl. 679 land. 63. So alfo, if on production of the indentures, they are not stamped, though the duty paid, Rex v. Lanvairiboyd, i. 487. pl. 633 64. Same point, Rex v. Edgeworth, ii. 868. pl. 850 65. Same point, Rex v. Ditchingham, i. 62z. pl. 860 66. So an agreement of apprenticeship entered into with a view to fave the expences of indentures, and to avoid the payment of the duties impofed by 8. Ann. c. 9. f. 32. is void and of no effect, Rex v. Highnam, i. 495. pl. 689 67. But in cafes where the indenture is not produced, and evidence is given, that indentures actually exited and were duly executed, the Court will prefume that they were regularly ftamped and the duty paid, Rex v. Eaj: Kyle, i. 485. pl. 680. 68. But before parc evidence is given of the contents of indentures, proof must be made of their being 69. The additional ftamp is only re- 73. |