APPRENTICE. 
lie may commit him to ward, there to remain until lie be 
contented, and will be bound. 5 Eliz. c. 4. f. 35. But no 
perfon distil be bound to enter into any apprenticefliip, 
other than fuch as be under the age of twenty-one years. 
Id.f.46. 
Although thefe laws are dill in force, concerning the 
value of the parent’s eflate, and fuch like; yet, as they are 
become entirely obfolete, they had better be repealed. 
The redrictions were originally intended (as appears by 
the datute, 9 Hen. IV. c. 17.) for the encom-agement of 
hulbandry, by reafon of the icarcity of labourers in an¬ 
cient time. And this datute of the 5 Eliz. is only a re- 
enafting, as it were, of former datutes; and expreffeth, that 
any perfon being a houfeholder may take apprentice the foil 
of any freeman, not occupying hujbandry , nor being a labourer. 
Of Binding.— No one can be bound an apprentice with¬ 
out deed. 1 Salk. 68. And, by the 5 Eliz. c. 4. it mud be 
by deed indented, f. 25. M. 1 Geo. II. Smith and Birch. An 
atlion was brought againd the defendant, for inticing away 
and detaining the plaintiff ’s apprentice, who had agreed by 
writing to ferve for feven years. Upon evidence it ap¬ 
peared, that theflyle of the writing began, This indenture. 
See. but in fact the parchment was not indented, but was 
a deed poll. On exception taken to the deed, it was in- 
fifted, that the young man was not an apprentice, becaufe 
lie was not bound by an indenture. An infant can be 
bound no other way than as the datute 5 Eliz. directs, 
which is by indenture, and nothing can make this good. 
The deed cannot now be indented, for that would be a 
forgery. Therefore unlefs the plaintiff (hews the appren¬ 
tice to fee of full age at the time of dgning fuch deed, he 
cannot be accounted his apprentice, and by confequence 
no afition can lie for detaining the apprentice; neither can 
the plaintiff prove him to be his fervant by his deed, for he 
has declared for an apprentice, and mud prove him fo to 
be. Therefore the plaintiff was nonfuited. 1 ScJ'.Ca. 222. 
But with refpett to fettlements, it is enafted by the 31 
Geo. II. c. 11. that the apprentice may gain a fettlement 
under fnch writing, although it (hall not be indented. 
And an apprentice mud be retained by the name of ap- 
irentice exprefsly, ot’nerwife he is no apprentice though 
le be bound. Dalt. c. 58. And all indentures, covenants, 
promifes, and bargains, for having or taking apprentices 
otherwife than by datute of 5 Eliz. (hall be clearly void in 
the law to all intents and purpofes; and every perfon that 
diall take any apprentice contrary to the fuid nit (hall for¬ 
feit 10I. half to the king, and half to him that diall die 
in the fedions, or other court of record ; or, if it is in a 
town corporate, then to the ufe of fuch town as by the 
charter. 5 Eliz. c. 4. f. 41. 
By tiie feveral damp a£ts, the binding (except it be of 
paridi apprentices) diall be on a 7s. damp ; and the fame 
diall not be given in evidence in any court till it be damp¬ 
ed, and the duties paid. And by the 8 Anne, c. 9. belide 
tiie laid damps and duties, there diall be paid the duty of 
6d. for every 20s. of every fum of 50I. or under; and 
the duty of is. for every 20s. of every dim above 50I. 
given with any apprentice; and proportionably for greater 
or led'er dims; to be paid by the mailer, f. 32. And 
where any tiling, not being money, lhall be given with 
fuch apprentice, the duties-(hall be anfwered for the value 
thereof, f. 45. But this (hall not extend to any appren¬ 
tice, put cut at the common charge of any paridi or town- 
Ihip, or out of any public charity, f. 40. And the full 
fum lhall be inferted in the indenture in words at length, 
and lhall bear date on the day of the execution thereof; 
on pain that the mader lhall forfeit double, half to the 
king, and half with full cods to him that diall die. f. 35, 
And no fuch indenture diall be given in evidence in any 
fuit to be brought by any of the parties thereunto, unlefs 
fuch party, on whofe behalf the fame lhall be given in evi¬ 
dence, do fird make oath, that, to the bed of his know¬ 
ledge, the fum therein inferted was really and truly all that 
was directly or indirectly to be given with fuch apprentice, 
f, 43. The faid indentures, within the bills, IhiJJ be 
Vol. 1 . No. 52. 
82 r 
brought to the head odite to be dampt'd-ituth a damp for 
that purpofe, and the duties paid within one month after 
date. I.36. And elfewhere (hall be brougirt either to the 
head office within the bills, or to a collector of the damp- 
duties out of the faid limits, in two months after date, and 
the duties thereupon diall be paid, and the indenture damp¬ 
ed, it it be at the faid head office ; otherwile fuch collec¬ 
tor lhall indorfe 011 the indenture a receipt for the duties 
in words at length, and fubferibe his name thereto, f. 37. 
And, if it is within fifty miles of tlie limits of the bills of 
mortality, the indenture (hall within three months after 
date, and elfewhere within (ix months, be brought to the 
head office to be damped, f. 38. And all fuch indentures 
wherein lhall not be inferted the full fum directly and in¬ 
directly given, or whereupon the -duties diall not be paid, 
or which diall not be damped within the time limited,, 
lhall be void, and not available in any court or place, or 
to any purpole whatfoever; and the apprentice diall be in¬ 
capable of exercifing the faid trade, f. 39. 
Moreover, by the 9 Anne, c. 21. If the mader lhall: 
negleCt to pay the duties within the time limited, lie diall 
forfeit 50L half to the king, and half with full cods to 
him who diall fue. f. 66. And by the 18 Geo. II. 0.22. 
If he lhall negleCf to pay the fame as aforefaid, he lhall,. 
belides all other penalties, forfeit double duty. 1. 23, 24. 
And by the 20 Geo. II. c. 45. If any mader, having for¬ 
feited the double duty, fiiall pay the fame, and tender the- 
indenture to be damped, within two years after the deter¬ 
mination of the apprenticediip, and before fuit hath been 
commenced for the penalties, tiie indenture lhall be valid,, 
and the penalties difeharged. f. 5. And, if after the mader' 
diall have forfeited the double duty, the apprentice diall- 
in the prefence of, or by writing under his band figned m 
the prefence of, one witnefs, require his mader to pay the 
fame, and the mader lhall not do it in three months, and 
luch apprentice diall at any time within two years after 
the determination of his- apprenticediip, pay the double 
duty ; lie may in three months after fuch payment demand 
of his mader double the fum contracted for in the inden¬ 
ture, and if not paid in three months after, may recover' 
the fame by action at law, with full cods. And the ap¬ 
prentice immediately after payment of the faid double du¬ 
ties (if his apprenticediip (hall not be then expired) and 
dgnifying by writing under his hand, that lie dedres to b§- 
difeharged from his apprenticediip, diall be difeharged 
accordingly, and lhall have the lame benefit of the time 
he hath lerved as he would have had in cafe lie had been 
alfigned, or turned over to a new mader. f. 6, 7. And 
w here any profecution (hal 1 be commenced againd the mai¬ 
ler for the penalties,, if tiie apprentice lhall pay the double 
duty at any time in two years after the end of his appren- 
ticediip, he may thereupon exercife his trade, and the in¬ 
denture lhall be valid, and may be given in evidence, f. 8.. 
Finally, by the 5 Geo. III. c. 46. Every chamberlain and 
other proper officer of every city and corporate town, and 
company, where any clerk or apprentice cr fervant obtains 
bis freedom by fervitude, diall enter in a book to be kept 
for that purpofe, the names of all fuch clerks, apprentices, 
and fetvants, as diall be put out within the jurildiCfion of 
fuch city or town corporate, and alfo the names and places 
of abode of the maders or midrefles, and of the dims of 
money [but it is not laid, or other things equivalent ] given 
or contracted for, and the trade or profeffion which they 
are to learn ; and the date of the indentures : on pain of 
20I. half to the king, and half to him that (hall fue in any 
court of record, with full cods. f. 18, 41. And all printed 
-indentures diall have the following memorandum printed 
under the fame ; viz. The indenture,, covenant, article, or 
contrail, mvjl bear date the day it is executed ; and what mo¬ 
ney or other thing is given or controlled for with the clerk cr 
apprentice, mujt be inferted in words at length ; and the duty 
paid to the Jlamp office, if in London, or within the weekly bilh 
cf 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 difributor of theJlamps, or his Jubf.ilute ; otherwife the in- 
9 Z denture 
