The King against The Inhabitants of Halesworth, Appellants; The King against The Same, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 02 June 1832 |
| Date | 02 June 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 262
IN THE COURT OF KING'S BENCH
[717] the king against the inhabitants of halesworth, Appellants; the king against the same, Respondents. Saturday, June 2d, 1832. Lands were devised for the relief of the poor of H,, one half of the revenue to be employed for the relief of widows, the other half towards binding out apprentices. The rents were received by the churchwardens, and not mixed with the poor's rates, but kept in a distinct account. A parishioner of H., not receiving parish relief, applied to the churchwardens to provide him with means of apprenticing his son. The son was apprenticed, and the churchwardens paid the premium, costs of indenture, and expense of clothing the apprentice, out of the charity fund : Held, that this was not an indenture by which an expense was incurred by public parochial funds, within 56 G. 3, c. 139, s. 11, and therefore not void for want of the approval of two justices according to that statute. And in a similar case, where lands were devised to the churchwardens and overseers of L. and their successors, upon trust to apply the rents towards educating twenty poor children, and a part thereof yearly towards apprenticing eight of such children, to be chosen out and allowed by the said churchwardens and overseers, and the principal inhabitants: Held, that this also was not a public parochial fund within the meaning of the Act. On appeal against an order for the removal of John Carter, his wife, and child, from the parish of St. Michael at Thorn, in Norwich, to the parish of Halesworth, in Suffolk, the sessions confirmed the order, subject to the opinion of this Court upon the following case. A prima facie settlement in Halesworth was admitted ; but the appellants relied upon a subsequent settlement by apprenticeship in St. Michael at Thorn. It appeared, that in 1652, John Keble devised certain lands in Holton for the relief of the poor of Halesworth ; half the revenue to be employed for the relief of widows, and the other half towards binding out apprentices. The rents of these lands were received by the churchwardens of Halesworth, and were kept in distinct account, and not mixed with the monies arising from the poor's rates. The father of the pauper, who was a settled inhabitant of Halesworth, but residing at Norwich, and not at that time receiving parish relief, being unable from poverty to bind out his son, and having heard of Keble's Charity, applied to the chureh-[718]-wardens of Halesworth to provide him with the means of putting his son apprentice. They agreed to do so: and by indenture of apprenticeship duly stamped, the pauper with the consent of his father, bound himself apprentice to George Holl of Norwich for seven years, at a premium of 101., which was stated in the indenture to have been paid by the churchwardens of Halesworth. The premium, the costs of the indenture, and the expences of providing the pauper with proper clothes, were paid by the churchwardens out of the monies of Keble's Charity. The indenture was executed by the pauper, his father, and Holl; and the pauper served under it more than forty days in the respondent parish; but none of the directions contained in any section of 56 Geo. 3, c. 139, had been complied with, either in the binding of the apprentice, or the form or execution of the indenture. The Court of Quarter Sessions were of opinion that Keble's Charity must be considered as a public parochial fund; and that the indenture, nob having been duly approved of under the llth section of the 56 Geo. 3, c. 139 (a), the pauper gained no settlement by serving under it. (a) Which, after reciting that " the salutary provisions of the 43 Eliz. c. 2, are frequently evaded in the binding out of poor children, and the premium of apprenticeship or a part thereof is clandestinely provided by parish officers, who are thus enabled to bind out many poor children without the sanction of justices of the peace," enacts, "That no indenture of apprenticeship by reason of which any expense whatever shall at any time be incurred by the public parochial funds, shall be valid and effectual 3B.&AD.719. THE KING V. HALESWORTH 263 [719] Kelly and Palmer in support of the order of sessions...
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