The Queen against The Inhabitants of Whitley Upper
| Jurisdiction | England & Wales |
| Judgment Date | 13 November 1839 |
| Date | 13 November 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 348
IN THE COURT OF QUEEN'S BENCH.
S. C. 3 P. & D. 81; 9 L. J. M. C. 12.
the queen against the inhabitants of whitley upper. Wednesday, November 13th, 1839. Stat. 56 G-. 3, c. 139, ss. 1, 2, provides several requisites to the clue binding of parish apprentices; among others, that the binding be ordered, and indenture allowed and signed, by particular justices ; and, where the child is bound by a parish to a party residing in another parish, that notice be given to the overseers of the latter, and proved, or admitted before the justices by one of such overseers personally, before the indenture be signed. Sect. 5 enacts that no settlement shall bo gained by such apprenticeship unless such order be made, and such allowances signed, " aa hereinbefore directed." An appellant parish stated (under sect. 81 of stat. 4 & 5 VV. 4, c. 76), as the ground of appeal against a removal founded on a settlement by parish apprenticeship, "That the requisites of stat. 56 Q. 3, c. 139, and more particularly sect. 5, were not complied with." Held, that the appellant parish could not, under this statement, dispute the settlement at sessions, on the ground that their overseers had no notice, and were not present at the binding. [S. C. 3 P. & D. 81; 9 L. J. M. C. 12.] On appeal against an order of two justices, whereby William Child was removed from the township of Flockton to the township or place of Whitley Upper, both in the West Riding of Yorkshire, the sessions confirmed the order, subject to the opinion of this Court upon the following case. [91] The grounds of removal, as set forth in the examination of the pauper, a copy of which was sent to the appellants with the order for his removal, pursuant to stat. 4 & 5 W. 4, c. 76, s. 79, were that he was illegitimate, and born in the township of Flockton ; and that, when seventeen years of age, he was bound apprentice by the overseers of Flockton to George Walker, of Whitley Upper, until he should attain the age of twenty-one years; and that he duly served his apprenticeship at Whitley Upper. The notice of appeal stated the grounds thereof as follows. " That the said William Child was born in your said township of Flockton, and has never done any act whereby to gain a legal settlement in the said township of Whitley Upper, inasmuch as the requisites of a certain Act of Parliament," 56 G. 3, c. 139, "and more particularly the fifth section of that Act, were not complied with when the said William Child was put and bound apprentice by the churchwardens and overseers of the poor of your said township of Flockton to," &c. It appeared, on the hearing of the appeal, that the pauper was, previously to and at the time of the binding hereinafter mentioned, in the service of the said George Walker, his father in law, who was present with him before the justices; and, after they had signed their allowance of the indenture, the pauper was there bound by the overseers of the (b) Note (b) to Bex v. Kimboltm, 6 A. & E. 612. 11 AD. &E. 92. THE QUEEN V. WHITLEY UPPER 349 respondent township as a parish apprentice to George...
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