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A remedy where

ed shall break

the truft, 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 said ac"count."

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827. By 7. Jac. 1. c. 3. f. 7. "It is further enacted, any party truft." That if any of the parties appointed and trufted 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 fhall "commit any other misdemeanour or offence in mifemploying 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 whatsoever, 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 commission

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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 most 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, im

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paired, wafted, or diminished, upon fuch perfon or "perfons, in places not incorporate, as by this act are "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 parish, where the fame "fhall fo 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 fhall find himfelf grieved by any thing done by the faid commiffion

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ers, then, upon complaint made in the high court "of chancery, the faid lord chancellor or lord keeper "for the time being thall have full power and authority, "to order and decree the fame as to his lordship fhall be thought most fit to ftand with equity and good con"science.

binding upon

828. Rex v. Chalbury, Eafter Term, 9. Geo. 2. MSS.- Parfon's conA pauper was bound an apprentice to one Colmac of Chal- fent not nebury, by the churchwardens and overfeers of the poor of ceffaty to the the parish of Alfcot, with money belonging to Alfcot pa- the ftatute rish, till he should arrive to twenty-three years of age, Jac. 1. c. 3. The orders ftated further, that there were in the parish of Alfcot two churchwardens, two overfeers, and two conftables. The queftion 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 neceffary party in the doing of the act.-But PER CURIAM. There is no neceffity to conftrue an act of parliament with the fame ftrictnefs 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

8. Ann. c. 9.

f.

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829. Rex v. Inhabitants of St. Matthew, Bethnal Green, A voluntary Hilary Term, 7. Geo. 3. Burr. 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 blackfmith, for feven years; and CHARITY with ferved his whole time as apprentice, under fuch in- in the statute denture, with the faid John Rudrupp his mafter, in 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 John Rudrupp, in confideration of his taking the faid 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 purpofe 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

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BITANTS of
ST. MAT-

THEW, BETH

indentures,

vide 3. Burr. S. C. No. 48.

69. 8o. 120.

(a) Vide 3. Ann. c. 9. L. 39.

REX v. INKA fubfcribers, four trustees to manage the said charity, and a treasurer: That a number of boys and girls are every year bound out by the faid trustees 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 said five pounds mentioned in the faid indenture, from the trustees 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. "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 parifh or township, or by or out of any public charity; or to require "the ftamping with any fuch new stamp as aforefaid, of any indenture, articles, covenant, or contract relating to fuch apprentice or fervant as laft 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.

out children ap- :

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40.

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A bequest of 830. Rex v. Inhabitants of Clifton upon Dunsmore, Himoney to put lary Term, 12. Geo. 3. Burr. S. C. 697.-George Hammonds 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 Wright of Swinford in the county of Lei

teftatrix's

think fit, is a

within 8. Ann. c. 9. f. 40.

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CLIFTON

cefter, for feven years. The confideration-money in the REX.INHAindenture (being feven pounds) received by the mafter, BITANTS OF was mentioned in the faid indenture to be paid by John UPON DUNSBailey of Clifton aforefaid, gentleman, being charity-money Moa. left by Catharine Bridgeman, widow; but the indenture was not ftamped with any stamp denoting fixpence in the pound to have been paid by the mafter for every pound of the faid feven pounds, nor any apprentice-duty paid for any part thereof. The apprentice ferved about four years at Swinford under the faid indenture. Catharine Bridgeman in her life-time had a confiderable estate in the parish of Clifton; and the faid John Bailey was her steward and agent over her affairs there, and was afterwards steward to her fucceffor in the estate there. It appeared by the evidence of the attorney concerned in filling up the indenture (and who was a fubfcribing witness thereto), that two other poor children of the parifh of Clifton were about the fame time put out apprentices, and that he the attorney made the indentures for the placing them out. One of the two last-mentioned indentures was produced; and there was a receipt thereupon indorfed, figned by the mafter, for ten pounds received as confideration-money from the faid John Bailey as charity-money left by Catharine Bridgeman, widow: but no fum was mentioned in the body of that indenture as the confideration for taking the apprentice bound thereby. The faid John Bailey gave order to the faid attorney for making the said indentures; and at the refpective times he fo gave fuch orders, and alfo at the refpective times he paid the confideration-monies, declared, "that the faid monies were "left by Mrs. Catharine Bridgeman's will, for putting "out poor children of the parish of Clifton apprentices; "and that he paid the fame by order of her executors; "and that the whole of the money fo left by her will "was seventy pounds or thereabouts; and that what re"mained after deducting the monies paid with fuch three "apprentices (which was about twenty-feven pounds), "was diftributed amongst the poor families in the parish "of Clifton." The copy of which will was,-"ITEM, To "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. ÍTEM, To Clifton, fifty pounds, to be

given as my brother thinks fit; fome on't to put out chil"dren apprentices." And it alfo thereby appeared, that the faid legacies or bequests, with feveral other "pecu"niary legacies, were by the faid will charged on a real

PP 2

"eftate

BITANTS OF

UPON DUNS-
MORE.

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REx v. INNA-"eftate in the following manner-All thofe legacies de"vised, to be paid out of Clifton lands." The court CLIFTON of feffions found, "that the charity in question is a "PUBLIC CHARITY," and "that the faid fifty pounds given to Clifton was not paid until about eight years "after the faid will was proved: and on that account "there was feventy pounds paid instead of fifty pounds as the faid legacy to Clifton." The objection was, that the indentures of this apprentice George Hammonds were not valid, because they had not paid the duty on the apprentice fee.-MR, DUNNING now moved, that, as the feffions have exprefsly returned "that the charity in quef"tion is a PUBLIC CHARITY," the cafe was within 8. Ann. c. 9. f. 40. by which money given to put out apprentices, either by parishes or by or out of any PUBLIC CHARITIES, is not to pay any duty, nor is it neceffary that the indentures fhould be ftamped.-MR.WALLACE, contra, for the parish of Clifton, argued that this was not A PUBLIC CHARITY, but a private one; because it was entirely left to the choice of the teftatrix's brother, Whether to put out children apprentices with the money, or not.-But THE COURT (exclusive of Lord Mansfield, who was gone) held it to be a PUBLIC CHARITY.

Churchwardens

and overfeers of the poor, with confent of two,

"

XII. Of apprentices to CHIMNEY-SWEEPERS.

831. By 28. Geo. 3. c. 48. f. 1. "WHEREAS the laws now in being refpecting mafters and apprentices do not provide fufficient regulations, fo as to prevent various con plicated miferies to which boys employed in climb"ing and cleansing of chimnies are liable, beyond any chargeable, &c. "other employment whatsoever, in which boys of "tender years are engaged: and whereas the mifery of "the faid boys might be much alleviated, if fome legal

justices, may bind boys

apprentices to

chimneyfweepers.

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powers and authorities were given for the regula"tion of chimney -fweepers and their apprentices: "BE IT ENACTED, That the churchwardens and over"feers of the poor for the time being of the feveral "and refpective parishes, townships, or places, within "the kingdom of Great-Britain, by and with the confent "and approbation of two or more of his majesty's juf"tices of the peace, acting in and for any county, riding, "city, town-corporate, borough, or divifion, within "Great-Britain (fuch confent and approbation to be fig "nified by fuch justices in writing under their hands,

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