be given in evidence in any court whatsoever; and the clerks, apprentices or servants therein named, shall be capable of following their respective trades or employments, as fully as if the rates and duties so omitted had been duly paid; and all and every person and persons, who shall have incurred any penalties by the omissions aforesaid, upon payment of such double duties within the times herein last-before limited, shall be discharged from the said penalties, &c. any thing in the said former acts, or any of them, contained to the contrary notwithstanding.

Recovery of

penalty by apprentices.

94. By s. 6. if any master or mistress shall, by reason of any such neglect as aforesaid, become liable to pay such double duties, and any such clerk, apprentice, or servant respectively, shall at any time after such forfeiture incurred, either in the presence of one witness, or by writing under the hand of such clerk, apprentice or servant respectively, signed in the presence of one witness, require his or her master or mistress to pay the said double duties, and such master or mistress shall not, within three months after such request, pay the same; and any such clerk, apprentice or servant shall, at any time within two years after the determination of his clerkship, apprenticeship or servitude, pay the said double duties so forfeited, and not paid by his or her master or mistress, such clerk, apprentice or servant, within three months after such payment of the said double duties, by him, her or them as aforesaid, may demand of his or her master or mistress, or his, her or their executors or administrators, double the sum or sums of money, or other consideration respectively given, paid and agreed or contracted to be paid to such master or mistress, for or in respect of such clerkship, apprenticeship or servitude; and in case such sum or sums of money shall not be paid within three months after such demand thereof made, such clerk, apprentice or servant, may sue for and recover the same, with full costs of suit, and immediately after payment thereof, and upon signifying by writing under his or her hand, that he or she desires to be discharged from his, her or their clerkship, apprenticeship and service respectively, shall be accordingly discharged from the same respectively, and from all actions, penalties, forfeitures and damages, for not serving the time for which he, she or they were respectively bound, contracted for, or agreed to serve such master or mistress respectively.

95. By s. 7. every such clerk, apprentice or servant, shall have the same benefit and advantage of the time he or she shall respec

tively have served such master or mistress respectively, as he or sh could or might have done, in case of any assignment or turnin over to any new or other master or mistress.

96. By s. 8. Provided always, that in case where any prosecutio shall be commenced against any master or mistress, for recoverin any of the penalties and forfeitures inflicted and incurred by th said former acts, or any of them, the clerk, apprentice or servar of such master or mistress respectively, shall pay such double rate and duties, at any time within two years after the end of his, he or their clerkship, apprenticeship or servitude, every such clerk apprentice or servant respectively shall, upon payment of suc double rates and duties as aforesaid, be capable and qualified t follow his, her and their respective trades and employments; an the indentures or contracts of such clerk, apprentice and servan respectively, shall be good and available in law and equity, and ma be given in evidence in any court whatsoever; any thing in this o the said former acts, or any of them, contained to the contrary not withstanding.

97. By 5 Geo. 3. c. 46. s. 18. reciting the statute 9 Ann. c. 9. fo laying certain rates upon monies to be given with clerks and ap prentices, it is enacted, That every chamberlain and other prope officer of every city and corporate town and company within the kingdom of Great Britain, where any clerk or apprentice, or ser vant, obtains his freedom by servitude, shall fairly write and enter in some book or books to be kept for that purpose, the names of al such clerks, apprentices and servants, as shall be put or placed ou within the jurisdiction of such city or town corporate; and also the names and places of abode of the masters or mistresses; and the sums of money given, paid, contracted or agreed for, with or in relation to such clerks, apprentices or servants; and the profession, trade or employment which they are respectively to learn; and the dates of the indentures, covenants, articles or contracts, by which such clerks, apprentices or servants, are repectively put and placed out; and if any chamberlain or other proper officer shall neglect or refuse to make any such entry in manner as above set forth, he shall, for every such offence, forfeit the sum of twenty pounds.

98. By s. 19. all printed indentures, covenants, articles or contracts for binding clerks or apprentices in Great Britain, shall have the following notice or memorandum printed under the same: viz. "The indenture, covenant, article or contract, must bear date the day it is executed; and what money or other thing is given or con

tracted for with the clerk or apprentice, must be inserted in words at length, and the duty paid to the stamp-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 said bills of mortality, within two months, to a distributor of the stamps, or his substitute; otherwise the indentures will be void, the master 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, stationer, or other person or persons shall sell, or cause to be sold, any such indenture, covenant, article or contract, without such notice or memorandum being printed under the same, then, and in every such case, such printer, stationer, or other person or persons shall, for every such offence, forfeit the sum of 107.

99. By s. 41. And all penalties and forfeitures inflicted, by this act, not being before otherwise disposed of, shall be paid, the one moiety thereof to his Majesty, and the other moiety thereof to the person who shall inform and sue for the same in any court of record, with his or their full costs of suit, by action of debt, bill, plaint or information.

100. By 42 Geo. 3. c. 3. for the relief of persons who, through neglect or inadvertency, have omitted to pay the duty upon money or other valuable consideration given, paid, contracted or agreed for, with or in relation to any clerk, apprentice or servant, placed with any person to learn any profession, trade or employment, to have the indenture or agreement stamped within the time limited, or who have omitted to insert in words at length in such indenture or writing, the full sum or other valuable consideration received or paid, it is enacted that, on payment of double the said duty on or before the 24th of December 1802, such indenture or other writing may be stamped, and the same shall be good and may be given in evidence in any court; and all such persons may exercise their respective trades as if the said duties had been fully paid; and every person who hath incurred any penalty by such neglect or omission, shall be acquitted, except where prosecutions are depending.

101. The 37 Geo. 3. c. 111. s. 3. expressly exempts from the operation of that act, as imposing an additional duty upon deeds, all indentures of apprenticeship, where the sum or value not exceeding ten pounds shall be given, or contracted with or in relation to the apprentice.

102. The 44 Geo. 3. c. 98. Sched. A. imposes upon any indenture of apprenticeship, where the sum or value given, paid, contracted

or agreed for, with or in relation to such apprentice, shall not

exceed 10l. a stamp duty of 158.
10l. and not exceeding

Exceeding

201.

501.

100%.

3001.

201.

17. 10s.

Indentures for binding poor parish children apprentices or other children by any public charity, are expressly exempted.

Assignment of indenture of apprenticeship (except such indentures as last mentioned,) 15s.

103. In a late case where an indenture had a covenant by the apprentice to allow his master 2s. a-week, and to have wages, and provide for himself during the term, it was objected that the stamp duty should have been 17. 10s. instead of 15s. (which had been paid) under the last cited statute; but the court held that the indenture did not require the additional stamp duty required by the 44 Geo. 3. c. 98. upon an indenture where a sum of money is contracted for by the apprentice. "If the words of the covenant were transposed, they would run thus: the pauper to have wages and to allow his master 28. per week, and then there would be no doubt of their meaning an allowance out of the wages simply, and what difference does the order in which they now stand, make to the sense? It, therefore, can never be considered as a boon to the master, who instead of having the labour of his apprentice for nothing, which he was entitled to have, agrees to pay him wages, deducting 2s. per week out of them." Per Lord Ellenborough, Ch. J. Rex v. Bradford, 1. M. & S. 151. supp. 8.

104. By 55 Geo. 3. c. 184. certain stamp duties granted by 44 Geo. 3. c. 98. and all duties granted by 48 Geo. 3. c. 149. are repealed, and the following stamp duties are payable upon indentures of apprenticeship.

If the sum of money, or the value of any other matter or thing which shall be paid, given, assigned or conveyed to or for the use or benefit of the master or mistress, with or in respect of such apprentice, clerk or servant or both, the money and value of such other matter or thing shall not amount to 30%.

If the same shall amount to 30%. and not to

If the same shall amount to 300l. and not to 400/. 201.

And where there shall be no such consideration as aforesaid, moving to the master or mistress, if the indenture or other instrument shall not contain more than 1080 words,

11.

If the same shall contain more than that quantity, 17. 15s.

105. The exemptions are of indentures or other instruments placing out poor children apprentices, by or at the sole charge of any parish or township, or by or at the sole charge of any public charity, pursuant to the 32 Geo. 3. for the further regulation of parish apprentices.

V. Of the Apprentice Fee.

106. The Court of Chancery will order a master, who has put away his apprentice, to restore a proportion of the apprentice fee. Thurman v. Abel, 2 Vern. 64. i. 562.

107. But where an apprentice, after serving two years of his time, ran away without any misconduct on the part of the master, enlisted as a soldier and afterwards was willing to return, but his master would not receive him, it was held that the master was not compellable to refund any part of the apprentice fee. Nor would the Court of Exchequer interfere by injunction to restrain the holder of a promissory note given for the amount from proceeding to recover it at law. Cuff v. Brown and others, 5 Price, 297.

108. Where a master received 250l. with his apprentice, and died within two years of the expiration of the term, the Chancellor decreed that, after debts and specialties paid, the executors should repay the 250%. as a debt due on simple contract, deducting 201. per annum for the maintenance of the apprentice during the time he lived with his master. Soam v. Bowden, Finch, 396. i. 562.

109. With respect to the insolvency of the master, See post Div. VI. Arts. 173, 174.

110. A bill will not lie in equity for the return of an apprentice fee. Hale v. Webb, 2 Br. Ch. Ca. 78.

111. The justices at sessions, when they discharge an apprentice from his master, may, in their discretion, order a proportion of the apprentice fee to be returned. Du Hamel's case, Skin. 108. ii. 570.

D