work actually done, the absence of writing is no defence to the action (x).

The statute was intended to exclude the mistakes and conflicts of evidence which arise when there is no complete written record of a contract. The object of the statute would be defeated, the evils which it was designed to avert would be introduced, if it were permissible to vary, add to, or subtract from the written words by verbal testimony, and if one of the parties might say, "This was qualified by an arrangement made at the time;" or "our meaning was not completely expressed by the written agreement, and was so and so." In Giraud v. Richmond (y), the written agreement between a master and his clerk stated that the latter should receive a certain annual salary, increasing each year; the clerk sought to show that it was agreed that the salary should be paid quarterly; the Court would not receive evidence with this view, nor would it infer such an agreement from the fact that the salary had been paid quarterly. The consideration for the promise must be stated; if the agreement merely mentions the promise on the part of one person, without stating the consideration-e.g., if it merely says, "A. B. hereby promises to be groom to C. B. for two years," it will not be enforced against A. B. (z).

The above principles must be taken with some reservations. Men rarely commit to writing all that they intend and agree to; they do not write out what may be taken for granted; cela ra sans dire holds as to many things which good sense would imply. The law recognises this fact; and if a jury are of opinion that a contract was made with reference to a particular custom, it will be regarded as part of the contract. Whether such a custom exists, and whether the contract was intended to embody it, is a question of fact for the jury (a). A term in the contract may be the rules of the establishment or workshop in which a workman is engaged (b). Knowledge of such rules by the servant must be shown; e.g., by proving that the rules were displayed in a prominent place (c), and that the workman could read.

(x) Chitty on Contracts, 13th ed., 44, 104. Per Tindal, C. J., in Souch v. Strawbridge (1846), 2 C. B. 808, 814; and see Knowlman v. Bluett (1874), L. R. 9 Ex. 307 (Ex. Ch.); per Thesiger, L. J., in Britain v. Rossiter (1879), 11 Q. B. D. 123, 133.

(y) (1846), 2 C. B. 835.

(z) Sykes v. Dixon (1839), 9 A. & E. 693. See Chap. VIII.

(a) Abbott v. Bates (1874), 43 L. J. C. P. 150; 45 L. J. C. P. 117, as to neces

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It will be seen hereafter that a contract of hiring and service is primâ facie a contract for a year (d).

Contracts of Seamen.

Agreements with seamen have been the subject of the special attention of the Legislature. By sects. 113 and 114 of the Merchant Shipping Act of 1894, they must be in writing, except in case of ships of less than eighty tons register tonnage, exclusively employed in the coasting trade of the United Kingdom. The Merchant Shipping Acts contain many regulations with respect to the form of and particulars in agreements with seamen. They are mainly comprised in sects. 113--125 of the Merchant Shipping Act of 1894 (57 & 58 Vict. c. 60). These agreements are exempt from stamp duty (Merchant Shipping Act, 1894, s. 721; 54 & 55 Vict. c. 39, s. 1).

Under the 2 Geo. II. c. 36, which required all agreements for wages between captains and their crews to be in writing, it was decided in White v. Wilson (e), that a contract which did not mention, besides the money wages, the fact that a sailor was to get "the average price of a negro slave" was void. The law still requires the agreement to be in writing, but only when the ship in fact goes to sea (57 & 58 Vict. c. 60, s. 113).

"Seamen " orally engaged to do work on a ship before she goes to sea may enforce their lien on the ship for wages due under the oral agreement, the ship not in fact going to sea at all (ƒ).

Contracts of Apprenticeship.

The 5 Eliz. c. 4, s. 25, required that the binding of apprentices should be by indenture (g); and similar provisions as to (i) parish apprentices and (ii) apprentices to shipowners, fishers on the sea, gunners, and shipwrights are contained in 43 Eliz. c. 2, s. 5, and 5 Eliz. c. 5, s. 12 respectively.

As has been stated, where there was an expressed or implied agreement to teach a person a trade, the Courts held that a defective contract of apprenticeship-that is, a contract not sufficient to support a settlement-existed. The 54 Geo. III. c. 96, s. 2, declares that "it shall and may be lawful for any person

s. 57; Truck Act, 1896, ss. 1, 2, and 3; Factory Act, 1901, ss. 35, 77, 78.

(d) See p. 135.

(e) (1800), 2 B. & P. 116. See also Elsworth v. Wollmore (1803), 5 Esp. 84.

(f) Re Great Eastern Steamship Co. (1885), 5 Asp. M. C. 511.

(g) This statute would appear to apply only to apprentices to husbandry. See Austin on Apprentices, p. 17.

to take or retain or become an apprentice, though not according to the provisions of the said Act (scil. 5 Eliz. c. 4); and that indentures, deeds, and agreements in writing entered into for that purpose, which would be otherwise valid and effectual, shall be valid and effectual in law, the repeal of so much of the said Act as is herein last above recited notwithstanding": and both the Acts of 5 Eliz. are now entirely repealed. The indenture must be executed by the infant (h), and the parties must be named therein; but the master need not sign a counterpart (i); though, if he do sign, it is evidence against him though the apprentice have not executed (k).

As contracts of apprenticeship are usually for more than a year, they must in general be in writing.

The Merchant Shipping Act, 1894, by sects. 105-109, prescribes regulations as to the indentures of apprentices to the sea (7).

Apprentices to the sea are subject to the Employers and Workmen Act, 1875 (m), but are not within the Conspiracy and Protection of Property Act, 1875 (n).

Apprenticeships of sea-fishing boys are specially dealt with in sects. 393-398 of the Merchant Shipping Act, 1894, and the indentures in such cases must be in the form prescribed by the Order in Council made under sect. 395 (o).

Parish apprenticeship of pauper children by Guardians is regulated by the statutes and orders mentioned in the note (p).

(h) R. v. Keynsham (1804), 5 East, 309. As to recovering compensation for boy's labour or for board during probation, Keene v. Parsons (1819), 2 Stark. 506; Wilkins v. Wells (1825), 2 C. & P. 231; Earratt v. Burghart (1828), 3 C. & P. 381; Phillips v. Jones (1834), 1 A. & E. 333; Harrison v. James (1862), 7 H. & N. 804. In the City of London the indentures must be enrolled: Code v. Holmes, 2 Roll. Rep. 305.

(i) R. v. St. Peter's-on-the-Hill (1741), 2 Bott. 367.

(k) Burleigh v. Stibbs (1793), 5 T. R. 465; Millership v. Brookes (1860), 5 H. & N. 797.

(1) For precedents of indentures, see Board of Trade form set out in Temperley's Merchant Shipping Act, 1894 (1895 ed.), at p. 447.

(m) Sect. 11 of 43 & 44 Vict. c. 16

(Merchant Shipping Act, 1880), repeals the clause of sect. 13 of the Employers and Workmen Act, 1875, which exempted apprentices to the sea from its operation.

(n) Sect. 16.

(0) Order dated Dec. 12th, 1894; set out in Scrutton's Merchant Shipping Act, 1894 (1895 ed.), at p. 705.

(P) General Consolidated Order, July 24th, 1847, Articles 52-74; General Order, Feb. 15th, 1898. Statutes:Poor Relief Act, 1601 (43 Eliz. c. 2), s. 3; Parish Apprentices Act, 1792 (32 Geo. 3, c. 57); Parish Apprentices Act, 1802 (42 Geo. 3, c. 46); Parish Apprentices Act, 1816 (56 Geo. 3, c. 139); Poor Law (Apprentices) Act, 1851 (14 & 15 Vict. c. 11); Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), s. 33.

CHAPTER VII.

STAMPS.

AGREEMENTS for the hire of labourers, artificers, "manufacturers," menial servants, and sailors coasting from port to port in the United Kingdom do not require to be stamped (a).

Agreements, as a rule, require to be stamped; and no document, letter, or contract, can be admitted in evidence as an agreement or as evidence of such unless it be stamped. Schedule I. to the Stamp Act, 1891 (54 & 55 Vict. c. 39, sub tit. "Agreement"), exempts:

(1.) Agreement or memorandum the matter whereof is not of the value of 51.

(2.) Agreement or memorandum for the hire of any labourer, artificer, manufacturer, or menial servant.

(a) Agreements with seamen made in forms sanctioned by the Board of Trade are also exempt from stamp duty: 57 & 58 Vict. c. 60, s. 721. Dakin v. Watson (1841), 2 Cr. & Dix, 224. (Quoted in Tilsley on the Stamp Acts, p. 45; a clerk not within exception.) Wilson v. Zulueta (1849), 14 Q. B. 405. (A stoker or fireman on a steamship, who was bound to obey the orders of the engineers, held to be a labourer or artificer.) R. v. Wortley (1851), 21 L. J. M. C. 44. (Man employed to look after glebe land, his wife undertaking the care of the dairy and poultry; a labourer.) Bishop v. Letts (1858), 1 F. & F. 401. (Overseer in a printing office an artificer.) I am not aware of any decision explaining what is meant by hire of any manufacturer," nor do I know what it means. There have been many discussions as to whether a contract was for the sale of goods or for work or labour. See p. 36, supra. Here may be also cited Pinner v. Arnold (1835), 2 C. M. & R. 613. (Agreement between plaintiff, a pressmaker, and defendants, copperplate printers, to make an eagle press; the agreement within the third exemption.) Hughes v. Budd (1840), 8

I

Dowl. 478. (Agreement by plaintiff to quarry a sufficient quantity of stone at C. to complete a dry wall; not within the exemption, and plaintiff unable to recover, though the defendant had had the benefit of the work.) Vaughton v. Brine (1840), 1 M. & G. 359. (A resolution of an unincorporated company to engage a secretary, not liable to duty.) Chanter v. Dickenson (1843), 5 M. & G. 253. (Memorandum as follows: "Send me a licence to use two of Chanter & Co.'s patent furnaces, to be supplied to a singe plate and cloth boiler, for which agree to pay Mr. Chanter or his order as ag., 251. as a patent right, and which is to include iron-works, fire-bricks, and labour; engineers' or furnace-builders' time to superintend or fix the above order, to be paid 6s. per day, &c."; not within the exemption.) See also Poulton v. Wilson (1858), 1 F. & F. 403. contract for hire of a servant, &c., may be mixed up with a contract for some other purpose, and in this case it will be necessary to determine what is the primary object.) Smith v. Cator (1819), 2 B. & Ald. 778. See, too, the decisions on "artificer" in sect. 2 of Truck Act, 1887, at p. 344, infra.

(A

(3.) Agreement, letter, or memorandum made for or relating to the sale of any goods, wares, or merchandise.

(4.) Agreement or memorandum made between the master and mariners of any ship or vessel for wages on any voyage coastwise from port to port in the United Kingdom.

These exceptions are taken from the Stamp Act, the 55 Geo. III. c. 184, and the decisions upon that statute illustrate the later Act: see note (a), on p. 88.

The Stamp Act, 1891 (54 & 55 Vict. c. 39), s. 25, provides that

Every writing relating to the service or tuition of any apprentice (b), clerk, or servant placed with any master to learn any profession, trade, or employment (except articles of clerkship to a solicitor or law agent or writer to the Signet), is to be deemed an instrument of apprenticeship.

Upon every instrument of apprenticeship there is imposed a fixed duty of 2s. 6d. In the absence of a In the absence of a stipulation to the contrary, the master pays the stamp (c).

EXEMPTIONS.

(1.) Instrument relating to any poor child apprenticed by, or at the sole charge of, any parish or township, or by or at the sole charge of any public charity (), or pursuant to any Act for the regulation of parish apprentices.

(2.) Instrument of apprenticeship in Ireland, where the value of the premium or consideration does not exceed 107. (Sched. I. sub tit. " Apprenticeship").

Under the "General Exemptions from all Stamp Duties" (Sched. I.) are included:

(3.) Instruments of apprenticeship, bonds, contracts, and agreements entered into in the United Kingdom for or relating to the service in any of Her Majesty's colonies or possessions abroad of any person as an artificer, clerk, domestic servant, handicraftsman, mechanic, gardener, servant in husbandry or labourer.

By sect. 108 of the Merchant Shipping Act, 1894, indentures of apprenticeship to the sea are exempted from stamp duty.

The indentures may be stamped after execution on the payment of a penalty of 107. and the unpaid duty (e). By virtue of sect. 14,

(e) Keene v. Parsons (1819), Stark. R. v. 508.

(b) As to what are contracts of apprenticeship, see p. 40, supra. Louth (1828), 8 B. & C. 247. (An indenture to two masters to serve them consecutively in two distinct trades for periods of four and three years, requires only one stamp.)

(d) As to what is a "public charity," see Hall v. Urban Sanitary Authority of Derby (1885), 16 Q. B. D. 163.

(e) Vide sect. 15, Stamp Act, 1891.