The Express.
London, England, 1857-09-08 00:00:00

SEA APPRENTICES' INDENTURBS.

It will be recollected that in the cafe of " Hamlin
and Co. v. Gray," tried at Greenock, before the Justice of
Peace Court, on the 15th ult., the Bench held that the In-
denture of a sea apprentice nu not binding without the con-
sent of the apprentice's father. Iderere. Hamlin and Co.
accordingly wrote to the Board of Trade, requesting to be
relieved of their expenses in the cane, on the ground that the
form of indenture used waa that issued by the Board, and
they bare received the following reply
" Office of Committee of Privy Council for Trade,

Marine Thylrt-4,n,

Whitehall, Aniust 29, 1867.
" Gemtlenten' —I am duetted by the Lords of the Com-
mittee of Privy Council fur Trade to acknowledge the receipt
of your letter of the 18th inst., enclosing a report of • mat,
decided by the magistrates of Oreemock,coneernang the bind-
ing of an apprentice to the see service without hie parents'
cement.
_ . . .

" My Linda direct me to observe, in the first place, that if
the principle adopted by the magistrates la correct, the law
of Scotland with respen to binding of apprentices mud be
different from that of England.—(See Benie Justice, title
Apprenticeship, heading 11., and the gnus of indeateme
there gives.)
" In the second piece, my Lords observe that in the pre-
sent cane no reference whatever was made to the mode in
which the present form of indenture of apprenticeship to the
tee drioce came into use. The etatute 7 and 8 Viet., c. 112,
and the form of apprentices indenture given in schedule I
to that statute, was not mentioned. The act in question wee
the float act by which the forme of indentures of apprentice-
=:.‘o the era service was determined. By section 40 pro-
wm made for the registration of these indentures,
and it wee further provided that they should be made in the
trim given in the abovementioned schedule. Neither in the
section nor in the form is any reference made to the consent
of the pest. On the contrary, the form is that of en
indenture between two pertiee only—the ruder on the
one hand, and the apprentice on the other. The ad intended
to Scotland.

"By section 20 of the Mercantile Marine Act 13 and 14
✓iet., sap. 93, the Board of Tt Ade were empowered to sanction
forma of the documents contained in the schedules to the act
of 7 and 8 Viet., cap. 112, and to vary each forms ea in the
manner therein mentioned. The form, when thus issued,
would therefore, my lorde apprehend, take the place of the
forms previously
given in the schedules to 7 and 8 Viet., cap.
112, sad would probably be considered to have the same de-
gree of legal effect.
" The power thug given to them the Beard of Trade exer-
clad, and issued, among other forme, a new torn of appren-
tices' indenture, which wee the same form that now in use.
In so doing the Board of Trade made each alterations in form
and language as were necessary for the purposes of cone*.
nonce and perspicuity, but they did not consider themselves
at liberty to make alterations which would hart changed ma-
terially ' in effect and substance, what hod boon already ap-
proved by parliament. The form of indenture i-aued by them
does not, therefore, in effect or eubstanoe, doter from that
given in schedule 1 to 7 and 8 Viet., cap. 112, and deem not
contain any mention of parties who were not referred to in
that schedule, and whose consent, therefore, it cannot have
been considered neceseary to refer to when the teat-men-
tioned act was pared.
" The Merchant Shipping Act, 1854, see. 8, continued the
powers given to the Board of Trade by the Mercantile Ma-
rine Act, see. 20, and the forms of indenture now issued by
virtue of those powers are, as above mentioned, the 'fame
forms as those previously mated under the Mercantile Ma-
tins Ad.
" Many thousands of apprentices have been registered ma-
nually miler the said forms since the peeing of the Act 7
and 8 Via, cap. 112, and the present is, so far as my Lords
are aware, the that easels which the question of the neeeseity
oe the parents' assent has hem raised.
" Under these circumstances my Lords cannot abet that
they are responsible in this case for the effect of the magis-
trate's dsdefan., and they cannot 'admit that they ate bound
to may the exposes of a poreedmgwhich was not autho-
rised by than, or conducted under their direction.
"They are, however, aware of the importance of the point
raised by the ease so far an apprenticeships to the eta ser-
vice made to Scotland are coseeened, and they will lose no
time in obtaining the opinion of the Lord Advocate upon it.
"lam, gentlemen, your obedient servant,
T. If . Fannin.
"Mears. Hamlin and Co., Greenock."
—Gresesek Advertiser.

The Amemetx ScAtz..—A a epandent of the
Chicago Thiene rye that being in Rock County, is LH-
riy day Let week (La, In the middle of August) be
" was up ea the top of a hill celled Wept Zion, pia allow
hem Janesville, sat °matd on the marroanding phis 150
4-herse power moping machines Wooly cutting down wheat.
Than were 1,000 are, WM'S, and boy. following after,
binding mad aliocking up the golden &eaves. It wee a sight
worth peeing,
to behold the gmin falling and being gathered
spat thous, cl 200 wee par hots."