The King against The Inhabitants of Gwinear
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1834 |
| Date | 26 April 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 1165
IN THE COURT OF KING'S BENCH
S. C. 3 N. & M. 297; 3 L. J. M. C. 81.
the king against the inhabitants of gwinear. Saturday, April 26th, 1834. A boy bound out by a parish as an apprentice in husbandry, till he should be twenty-one years of age, served the master, first in husbandry and afterwards as a miner. He then left his master, and went to live with his own father, (who was a miner), and worked with his father at the same mine at which he had worked with his master. The master afterwards agreed with the father that the apprentice should remain with the father, and the indenture be given up on a subsequent day, upon the payment of a sum of money. On the day appointed, which was before the passing of stat. 56 G-. 3, c. 139, the money was paid, and the indenture given up to the father. The son was then under age. He worked with the father as a miner till his majority, when the indenture was given up to him by his father. From his first coming to his father, the father had received his wages, and maintained him : Held, that even supposing the parties to have had power to dissolve the apprenticeship, and to have intended to do so, it was not dissolved till the money was paid ; and that a residence of forty days between the making of the agreement and the payment of the money, was a residence under the apprenticeship, and conferred a settlement. [S. C. 3 N. & M. 297; 3 L. J. M. C. 81.] On appeal against an order of two justices, removing Philip Eule the Younger from the parish of Gwinear to the parish of Camborne (both in Cornwall), the sessions quashed the order, subject to the following case :- Philip Eule the Elder, the pauper's father, had been removed, with his parents and their other children, from Camborne to the parish of St. Erth in Cornwall. On the 1st of June 1789 he was duly bound by the parish officers of St. Erth to Eichard Tredinnick of the same parish, farmer, till he should attain the age of twenty-one, by indenture containing the usual covenants, as an apprentice in husbandry. The apprentice lived with his master for some years in St. Erth, and served him in [153] husbandry, until he became reduced in circumstances, when he worked at the mines, employing the apprentice in the same work. The master then removed to the parish of Phillack in the same county, taking the apprentice with him. Whilst there, and about two years before the expiration of the apprenticeship, a dispute having arisen between the mistress and the apprentice, the latter told his mistress that he would leave the place and...
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