The Queen against the Inhabitants of Wooldale
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1844 |
| Date | 20 November 1844 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 206
QUEEN'S BENCH
S. C. 1 New Sess Cas. 377; 14 L. J. M. C. 13; 9 Jur. 83.
[549] the queen against the inhabitants of wooldale. Wednesday, November 20th, 1844. To prove the settlement by apprenticeship of Joseph Beaumont, an indenture was put in, dated, and purporting to be between Joseph Roberds, of one part, and John Beaumont of the other. It was very inaccurately worded, and spelt. It witnessed "that the said John Beaumont hath, of his own free will, and with the consent of and by his father's John Beaumont, has put and bound himself apprentice to and with the said Joseph Roberds, and with him after the manner of an apprentice to dwell, remain arid serve, from the date hereof, for, during and untill the term of hie attain ages 21 thence next following be fully compleated and ended ;" during which term " the said apprentice his said master shall serve," &c. "And the said Joseph Roberds "doth covenant with "the said Joseph Beaumont, apprentice," to teach him, &e., to pay him 3s. "yerely and every year during is apprenticeship," and to allow him two weeks to go to school, "yerely and every year during his apprintiship." "In witness whereof, the parties above named to these present indentures have set their hands and seals." Arid, at the bottom, followed "Joseph (L.S.) Roberts. Joseph (L.S.) Beaumont." Joseph Beaumont gave evidence that he was bound by the above indenture, and served under it. Held: 1. That it appeared from the deed that the John Beaumont, party thereto, was the Joseph Beaumont therein named apprentice. 2. That extrinsic evidence might be given that the person so meant was the pauper, and that he had executed the indenture. 3. That the meaning of the parties sufficiently appeared to be that the apprentice should be bound until he attained the age of twenty-one. 4. That this, combined with the date of the indenture, might by extrinsic evidence of the pauper's age be made sufficiently certain as to the terra for which he became bound. 5. That the sessions, upon the above evidence, were justified in finding a settlement by apprenticeship. [S. C. 1 New Sess. Cas. 377; 14 L. J. M. C. 13; 9 Jur. 83.] On appeal against an order of two justices, removing Joseph Beaumont and his wife from the township of Upperthong to the township of Woolclale, both in the West Riding of Yorkshire, the sessions confirmed the order, subject to the opinion of this Court upon the following case. The only examination on which the order of removal was made was that of the said Joseph Beaumont: and the same, so far as related to his alleged settlement in Wooldale, was as follows. "I am seventy-one years of age: my father's name was 6Q.B.MO. THE QUEEN V. WOOLDALE 207 John Beaumont: he resided at Scarfield, in Upperthong, and was a cloth dresser. On or about the 20th day of March, 1789, I was bound apprentice to Joseph Roberts, of Cinder Hill, [550] in the township of Wooldale, in the same riding, clothier, by the indenture of apprenticeship now produced, bearing date the said 28th day of March, 1789, and made between the said Joseph Roberts, therein described 'Joseph Roberts of Cinder Hills in the parish of Kirburton, and of York, clothier,' of the one part, myself, therein by mistake called John Beaumont, and therein described (sic), John Beaumont of Holmfirth in the parish of Almonbury, and count (sic), aforesaid, of the other part. My master, the said Joseph Roberta, resided and inhabited at Cinder Hills, in Wooldale; and I lived with him there for some time before I was bound apprentice. I also resided, inhabited and slept at my said master's house at Cinder Hills, in Wooldale aforesaid, as an apprentice, under the said indenture, for several years, and until I was twenty-one and at liberty from my master. My father is one of the witnesses to the indenture. When the indenture was executed, it was left in the care of John Beaumont, carrier, the other witness to it; and, when I came of ago, I got it from him, and have kept it ever since. I have done no act to gain a settlement in my own right since I was apprentice to Joseph Roberts aforesaid." The indenture of apprenticeship above referred to was in the words following; and a copy thereof was duly sent by the overseers of Upperthong to the overseers of Wooldale, as part of the examination on which the order was made. "This indenture, made the 28th day of March, 1789, in the 29 (sic), year of the reign of our Sovereign Lord George the Third, by the grace," &e., " and in the year of our Lord, 1789 : between Joseph Roberds (sic) [551] of Cinderhills in the parish of Kirkburton, and of York, clothier, of the one part, and John (sic), Beaumont, of Holmfirth, in the parish of Almonbury (sic), and count (sic), aforesaid of the other part, witnesseth, that the said John (sic) Beaumont hath, of his own free will and with the consent of and by his father's (sic), John Beaumont, has put and bound hiraaeli apprentice to and with the said Joseph Roberds (sic), and with him after the manner of an apprentice to dwell, remain and serve, from the date hereof, for, during and untill the term of hie (sic) attain ages 21 (sic) thence next following be fully corapleated and ended; during all which term the said apprentice his said master well and faithfully shall serve, his secrets ahall keep," &c. " And the said Joseph Roberds (sic), for himself, his executors, administrators or (sic), assigns, doth covenant, promise and grant, by these presents, to and with the said Joseph (sic), Beaumont, apprentice, that he, the said Joseph Roberds (sic), his executors, administrators or (sic), assigns, shall and will teach, learn and inform him, the said apprentice, or cause him to be taught, learned and informed, in the art or mystery of a clothier, which the said master now useth, after the best manner of knowledge that hee (sic), or they may or can, with all circumstances thereunto belonging: and also shall find and provide to and for him, the said apprentice, sufficient and enough meat, drink, washing and lodging: also the said master is to pay his apprentice, or cause to be paid, three shillings, yereley (sic), and every year during is (sic), apprenticeship : and the said master to provide him all wearing apparel whatsoever during his apprenticeship, and, at the end, to find, or cause to be found, two and good sufficient [552] sutes (sic), of cloaths, according to custom : and the said master to allow his apprintis (sic), two weeks to goo (sic), to school, yereley (sic), and every year during his apprintiship: and for the true performance of all and singular covenants and agreements aforesaid each of the parties aforesaid doth bind himself unto the other firmly by these presents. In witness whereof, the parties above named to these present indentures...
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