"time for which he, fhe, or they were refpectively bound, contracted for, or agreed to serve such master or mistress refpectively.

fame benefit of

674. By 20. Geo. 2. c. 45. f. 7. "Provided always, and to have the "That every fuch clerk, apprentice, or fervant, fhall their fervices, "avail him or herself, and have fuch and the fame as if they had "benefit and advantage of the time he or fhe hall been turned respectively have continued with and ferved fuch over. "mafter or mistress refpectively, as he or fhe could or "might have done, in cafe of any affignment or turn"ing over to any new or other master or mistress.

commenced a

675. By 20. Geo. 2. c. 45. f. 8. "Provided always, Apprentices "that in cafe where any profecution fhall be com- paying the doumenced against any mafter or mistress, for recover- ble rates where "ing any of the penalties and forfeitures inflicted profecutions are "and incurred by the faid former acts, or any of gainft their "them, the clerk, apprentice, or fervant of fuch mafters, to "mafter or mistrefs refpectively, fhall pay fuch dou- be qualified "ble rates and duties, at any time within two years "after the end of his, her, or their clerkship, appren"ticeship, or fervitude, and every fuch clerk, apprentice, "or fervant refpectively, fhall, upon payment of fuch "double rates and duties as aforefaid, be capable and

66

66

qualified to follow and exercife his, her, and their ref"pective trades and employments; and the indentures or contracts of fuch clerk, apprentice, and fervant ref"pectively, fhall be good and available in law and equity, and may be given in evidence in any court "whatsoever; any thing in this or the faid former acts, *c or any of them, contained to the contrary notwith"standing."

to follow their

trades, &c.

676. By 5. Geo. 3. c. 46. f. 18. reciting the ftatute when the free9. Ann. c. 9. for laying certain rates upon monies to be dom of any city given with clerks and apprentices, IT IS ENACTED, or company is "That every chamberlain and other proper officer of vitude, the

obtained by fer

the names of all

every city and corporate town and company within chamberlain of "the kingdom of Great Britain where any clerk or ap- other proper of "prentice, or fervant, obtains his freedom by fervitude, ficer is to enter "Thall fairly write and enter, in fome book or books to perfons put out, "be kept for that purpofe, the names of all fuch clerks, clerks, appren "apprentices, and fervants, as thall be put or placed out sites, or fervants, "within the jurifdiction of fuch city or town corporate; with the names AND ALSO the names and places of abode of the maf- and abode of the mafters, the ap prentice's fee, and dates of the indentures, &c. "ters

1 i

Notices to be

66

"ters or miftreffes; AND THE fums of money given, paid, contracted, or agreed for, with, or in relation to, "fuch clerks, apprentices, or fervants; AND THE pro"feffion, trade, or employment which they are refpec

66

tively to learn; AND THE dates of the indentures, "covenants, articles, or contracts, by which fuch "clerks, apprentices, or fervants, are refpectively put "and placed out; AND IF any chamberlain or other proper officer fhall neglect or refufe to make any fuch 64 entry in manner as above fet forth, he fhall, for every "fuch offence, forfeit the fum of twenty pounds,"

677. By 5. Geo. 3. c. 4 f. 19. "All printed indenprinted under "tures, covenants, articles, or contracts for binding all indentures. «< clerks or apprentices in Great Britain fhall have the following notice or memorandum printed under the "fame: viz. "THE INDENTURE, covenant, article, or

vered.

66

contract, must bear date the day it is executed; and what money or other thing is given or contracted for with the "clerk or APPRENTICE, must be inferted in words at length, " and the duty paid to the flamp-office, if in LONDON, or within the weekly BILLS OF MORTALITY, within one "month after the execution; and if in THE COUNTRY, and "out of the faid bills of mortality, within two months, to a "diftributor of the ftamps, or his fubfiitute; otherwife the indentures will be void, the mafter or mistress forfeit fifty pounds, and another penalty, and the apprentice be disabled to follow his trade or be made free;" and if any printer, ftationer, or other perfon or perfons, fhall fell, or caufe "to be fold, any fuch indenture, covenant, article, or

contract, without fuch notice or memorandum being "printed under the fame, then, and in every fuch cafe, "fuch printer, ftationer, or other perfon or perfons, "fhall, for every fuch offence, forfeit the fum of ten pounds."

Diftribution of 678. By 5. Geo. 3. c. 46. f. 41. "And all penalties and penalties, and "forfeitures inflicted, impofed, or to incur by this act, how to be reco-"not being before otherwife difpofed of, fhall go and "be paid, the one moiety thereof to his majefty, his heirs, and fucceffors, and the other moiety thereof to "the perfon or perfons who fhall inform and fue for the "fame in any court of record, with his or their full cofts "of fuit, by action or debt, bill, plaint, or information,

wherein no effoin, protection, or wager of law, or any "more than one imparlance, fhall be allowed.

679. Cuerder

not

are available to

and fee alío

679. Cuerden v. Leland, Michaelmas Term, 4. Geo. 2. If the indenMSS.--By an order of justices a pauper was removed to tures are ftamped, and Leland as the place of his laft legal fettlement. From this the duty is not order there was an appeal; and the cafe was fpecially paid, they canstated that there was an agreement that William Sumner not be given in hould be put apprentice to John Sumner in Cuerden pa- evidence, nor rifh, and he accordingly went to live with him there, any purpose and at the next Whitfuntide was bound apprentice to him whatfoever. for seven years by INDENTURE; which indenture was antedated as of the February before, when the apprentice firft came. By 8. Anne, c. 9. f. 35. the indentures are to bear date the day of the execution (a). On executing the (a) Ante, page indentures Sumner's mother paid twenty fhillings to the 472. pl. 659.; mafter, which fum was mentioned therein, and the pau- 5. Geo. 3. 4. per ferved under thefe indentures in Cuerden till his maf- f. 19. Ante, ter's death; which was about three years. The duty of page 482. pl. fixpence in the pound was never paid for the twenty fhil- 677lings, nor was the indenture ever ftamped with an additional ftamp according to the act.-FORTESCUE, Justice, upon this cafe being referred to him, thought the pauper had gained a fettlement by the fervice at Cuerden. The juftices, at their feffions in Michaelmas 1730, discharged the first order of removal upon JUDGE FORTESCUE'S opinion; but these orders being removed up, it was moved to quash them, for that by the 8. Anne, c. 9. f. 32. made perpetual by 9. Anne. c. 20. f. 9. fixpence in the pound is laid as a duty on every twenty fhillings given with apprentices not exceeding fifty pounds (b), and the (6) Vide ante, indentures are to be ftamped in fix months after the date, page 471. pl. and if not fo ftamped the indentures fhall be void, and not available in any court or place, or to any purpose whatfoever. And the apprentice to whom the fame fhall relate, fhall be utterly incapable of being free of any corporation, by virtue of fuch apprenticeship or of exercifing the intended trade or employment. It was argued in fupport of the order, that by the 13. & 14. Car. 2. c. 12. forty days refidence in a place gains a man a fettlement. That apprentices need not give notice, but that forty days refidence gains them a fettlement. It is true, that by this ftatute of Queen Anne which is for granting a supply, it is provided that indentures fhall be ftamped and returned into the office, and there are general words that the indentures fhall otherwife be void and of no effect. that cannot affect the prefent cafe; the act fays no more than that the indenture fhall be void, and the apprentice not at liberty to follow his profeffion. The queftion is then, from what time the indenture fhall be void, which hall be not ab initio, but from the time fixed for paying I i 2

But

the

657.

LELAND.

CUERDEN. the duty; for if the mafter lives fifty miles from London, the duty is to be paid in three months, if one hundred at fix months, fo that the apprentice gains a fettlement before the duty is paid, viz. in forty days, and the mafter not paying the duty cannot defeat the fettlement which the apprentice had gained before. On the other fide it was faid, that it is admitted that an apprentice gains a fettlement if he ferves forty days under an indenture that can properly be called an indenture; but this is not an indenture by the exprefs words of the act, and to say Sumner had gained a fettlement, is to aver against an act of parliament; for if he had gained a fettlement it is available to fome purpose. By 5. Eliz. c. . an indenture is necessary to make an apprenticeship; by this of Queen Anne, it is an incomplete indenture till ftamped; and when stamped 'tis good ab initio, but if not ftamped all is void, or at leaft can be good but during the time given by the statute for ftamping it, and may be compared to the cafe of a bargain and fale. By ftatute 27. Hen.8. c. 16. all deeds of bargain and fale muft be enrolled within fix months; if not enrolled in that time, all matters confequent upon them ceafe and become void, but upon being inrolled all intermediate acts become good. Thus, if there be a deed of bargain and fale to make a tenant to the præcipe, the recovery fhall be good till the time of inrolling be expired, but afterwards void ab initio. The words of the ftatute are a declaration by the legislature, that if an indenture of apprenticeship is not inrolled, no advantage can be had of the apprenticeship; and though the fubfequent claufe enumerates particular difabilities without mentioning this of not gaining a fettlement, yet these particular difabilities were before comprehended under the general words; and 'tis common in ftatutes to mention particular cafes which fall within the general words, without reftraining the general words, or enervating the force of them. As to the objection, that it is hard the neglect of the mafter should prejudice the apprentice, it is plain the legiflature intended he thould be prejudiced thereby in the particular inftances mentioned in the laft claufe, and why not in the prefent cafe?-THE CHIEF JUSTICE and MR. JUSTICE PAGE were of opinion, that Sumner had gained no fettlement by his fervice in Cuerden, on thefe words of the ftatute, which are very pofitive, that the indenture fhall not be available in any court or place. MR. JUSTICE PROBYN. The question is not on the meaning of the general words, but whether general words may not be reftrained by particular words fubfequent. Suppofe the general words as now, and that a

man

LELAND.

man hath lands by a deed of bargain and fale, and takes CUERDEN. an apprentice by indenture who lives with him forty days, the apprentice will have a fettlement though the deed afterwards becomes void for want of inrolment within fix months. MR. JUSTICE LEE agreed with PROBYN; for 13. and 14. Car. 2. c. 12. directs that a pauper fhall be fent to the place where he was laft legally fettled for forty days, and it hath often been determined that "legally fettled" and "irremoveably fettled" are equivalent terms, fo that Sed qu the party is actually fettled in the place from which he is irremoveable for forty days. Now Sumner was plainly irremoveable from Cuerden for that time, which is the difficulty with me.-This cafe was ADJOURNED; but in citing it HARDWICKE, Chief Justice, faid, in the cafe of

St. Nicholas and St. Peter, Ipfwich (a), that it was deter- (a) Burr. S.C. mined on the words of the act, that the indentures fhall 91. Stra. 1066. not be available in any court or place.

lefs the contrary

appear.

680. Rex v. Eaft Knoyle, Trinity Term, 13. & 14. Geo. 2. If indentures Burr. S. C. 151.-Upon motion to quafh an order of re- be proved to moval, the feffions ftated a cafe, that it appeared to them have been exeupon evidence given, that the pauper had been bound an cuted, it fall be prefumed apprentice to William Wilkins; that he had ferved three that they were years under the faid apprenticefhip; but that the inden- duly fiamped, tures were not produced; neither did it appear that the and the proper fix-pence in the pound, as directed by 8. Ann. c. 9. was duty paid, unpaid, or whether the indentures were ftamped. The objection was, that the feffions fhould not have received parole evidence of the indentures until it had been previously proved that the indentures were either loft or deftroyed, and that it did not appear that the indentures were ftamped or the duty paid.-But PAGE and CHAPPLE, Juftices, were of opinion, that as the cafe does not ftate that the duty was not paid, or that the indentures were not ftamped, it was fufficient; for the Court will never prefume a fraud, if fraud be not exprefsly ftated; and after length of time parole proof of apprenticeship fhall be fufficient, becaufe in all probability the indentures may be loft; and indeed they are frequently burned, when delivered up by the mafter at the end of the term.

681. Rex v. Northowram, Eafter, 13 Gen. 2. 2. Stra.1132. Where the -The mother of a lad propofed to put him out appren- master is only tice to an inhabitant of Northoram, who refused to take an agent for him because he wanted clothes, upon which the grand the apprentice's father agreed to pay thirty fhillings to the matter to out money for clothe the boy with, in purfuance of which the mafter his ufe, no duty did lay out thirty fhillings in clothes for the boy, and he shall be paid,

Ii3

was

friends to lay