Middlesex Sessions:
Sessions Papers - Justices' Working Documents
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February 1796

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Image 35 of 9823rd November 1783


This Memdum is now in the proper of the Master who has at with him
in Court. This was the only Binding or Agreemt. that was took place between
the parties & under which the Boy sewed his Master in Croyden between two & three
Years & then ran away & never floods resided in the Parish of Croyden in any Situation
whatever.

It may not be improper to observe the above Agreemt. was entered into
with no Intention of Fraud to the Revence or to Prevent a Settlement or with any sinister
View whatr but merely this Ignorance of the Subject for all the parties) as the
pauper & his Master will tell you) conceived the above to have been a regular & bene fide
Arhile of Apprent & the Pauper consequently legally bound Apprent. for the
Tenn of five Years.

The Pauper on his Examon before the removing Magistrates score to his
Settlement in Caoyden under mores of Apprent. & most underblely as he really thought
to be the Case: but it is presumed the Responts. cannot give the above stabled assembled
an Evidence, it not having such a Stamp as the Law requires & that therefore a
Settlement in Croyden by Apprenticeship cannot by any Possibility be supported.

It Seems then to support their Order the Respondts. must indeavour to
establish a Settlement in Croyden by Service under the 3d. if will: but this also
must incertably prove futile, as the pauper was undoubledly sewed hid Master
to all Intents & purposes expressly as an Apprentice & can by no means be
considered as a yearly Servant Ice Salford & Storeford Burn 433, and tho' if
was even otherwise yet the most essential Requisite to confer a Settlemt. by service is wantg
namely Hering, which the Act absolutely makes necessary to a settlement. His was determt.
in Whitechurch St Wotten Burn S. C. 540 Peterchurch all Saints 656 & in a modern Case it is
believed in the Ten Reports.

The Appellts. are perfectly apprised it is not necessary a Binding shod. be
for seven years & They are also aware that 31st Geo: 2. C. 11 it is not necessary it shod.
to by Indre & that consequently if the Memdum before stated was on a legal Stamp the
Joseph. Wod< no role > . irresistably establish a settlement in croyden but under the before mentioned
Circumstances which are the only grounds on which they can Agreemt. and shod. have such
Stamp, which is now rendered impossible for the Nespets to main, it being in the
petition of the Respondents.




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