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1. Apprenticeship. APPRENTICESHIP is a contract entered into by formal written deed or indenture, between a person who wishes to learn a trade or profession, and a master in either of these : the former becoming bound to service and obedience for a certain time, and perhaps to payment of a fee, in consideration of the latter teaching him his business, and sometimes of his paying him certain wages.'
When this engagement is made (as it generally is) by a minor, the consent of his father or curators is required.?
3. Breach of Indentures. An apprentice is not entitled, at common law, to break his indenture by enlisting in the army, but the annual mutiny act sometimes makes this legal.
Nor may be go into the navy, unless he has been formerly a seafaring person.
An apprentice leaving his master may be compelled to return, by imprisonment, which Justices may award.5
4. Jurisdiction of Justices. Justices may, at common law, decide questions respecting wages, &c. between masters and apprentices, the latter being considered as servants.
See Ersk. Inst. i. 7, § 62. Hutch. iii. 7, § 2. (ii. 175–6.) 2 Ersk. ibid. Hutch. ibid. (ii. 176.) 3 Case of Sibbald v. Fletcher, 21st June 1758. * Case of Cunninghame and Simpson v. Sir George Home, 19th JanuAnd the Small Debt Act, of course, entitles them to entertain all such matters where the value in dispute is under L.5.
5 Hutch. ut sup. (ii. 165, and note 6 176.)
Apprentices, like other young persons employed in manufactories, are subject to certain supervision of the Justices. For which See Cotton-Factory.
Arrest is a general term for the securing or apprehending of the person, for objects of either civil or criminal justice.
In the former, the step immediately contemplated is the imprisonment of the individual arrested, excepting when a foreigner is seized judicii fundandi causâ, or any debtor in meditatione fuga.
In the latter, the party is generally taken up for the purpose of being carried before a magistrate, who may set him at liberty, or commit him to jail, although sometimes an order for commitment is given in the warrant to apprehend.
Civil arrest is noticed under the heads of Imprisonment Jurisdiction— Meditatio fuge, and Warrant.
II. ARREST IN CRIMINAL CASES.
In criminal matters, arrest generally forms the first of the proceedings anterior to trial. (The others being,-Declaration - Precognition-Commitment for Trial—Bail.)
Justices of Peace have authority to arrest any person accused of a crime for which they cannot try,' even of high treason.
Hume, ii. chap. 2. § 11, (ii. 74.)
2 Hutch. ii. 1. § 3, (i. 346.)
1. Arrest without written Warrant. A Justice (or any other magistrate) seeing a crime, or a mere breach of the peace, committed, may himself forthwith arrest the offender; and may authoritatively call on private persons, as well as constables, to aid him in securing the delinquent.?.
He may grant to constables, or even to private persons, a verbal warrant to pursue and apprehend any one whom he has seen commit an offence; or, in case of certain information, of an atrocious crime recently perpetrated, and risk of the culprit's escape, the Justice may thus delegate his authority, although he did not witness the deed.3
A constable, or even a private person, may lawfully arrest without warrant or other authority, any person whom they see commit a felony.
And the former (but not the latter) may so arrest in cases of threats, or of breach of the peace, where he has seen the offence committed, or in those of felony, where he has not been present, but has received sure information from others.5
In some instances of breach of the turnpike acts, and of the game laws, private persons are entitled to arrest. See Game--Turnpike.
2. Arrest with written Warrant. Where, however, there is no danger of justice being
| Hume, ii. chap. 2, § 1, No. 1. (ii. 72.)
2 Act 1617, c 8, No. 11, 1661, c. 38. Hutch. ii. c. 3. § 3, (i. 446—7.) Tait, Powers of Constable, p. ii. § 1, Árt. Assisting Officers of the Law.
3 Hume, as last cited.
* Hume, ut sup. § 1, No. 23 (ii. 73—4.) Hutch. b. ii. c. 3, § 3. (i. 4456.) b. i. 8, § 3. (i. 294.) Tait, Powers of a Constable, part i. § 1, No 2, Art. Atrocious crime. Part ii. 2, Art. Atrocious crime.
Hume, ut sup. Hutch. ut sup. Tait, P. ļ, ut sup. Art. Breach of the Peace-Violent Threats, $ 2, ut sup., Art. Breach of the Peace.
defeated by the delay it would occasion, a written warrant ought to be granted by the Justice. See Warrant. .
A Justice (or other magistrate) may lawfully arrest for the purpose of examination, where he has no more than suspicion that a crime has been committed, and by the person he proposes to detain ; as in the case of an individual who appears to have property, of which it is highly improbable he could have acquired by honest means.
3. Arrest and Commitment together. Where the magistrate has a strong grounds of belief against the prisoner, or where, for some true and substantial reason,” he can enter upon no previous examination, he
may lawfully embody an order for commitment in the warrant to arrest ;? and this is the tenor of all Justiciary warrants.3
4. Proceedings after Arrest. After arrest, the next step in criminal proceedings is the examination of the prisoner, and the taking of his declaration. See Declaration.
In grave crimes, precognition follows next; but is sometimes taken before arrest can be effected, or where that is presumed to be impossible. See Precognition.
Then, either discharge of the prisoner, or his
1 Henderson v. Scott, 7th Feb. 1793. A case in which it was found that public officers (Sheriff-Substitute and Procurator Fiscal of Edinburgh) had not acted illegally in arresting and committing for examination a person of mean appearance, who had offered a valuable diamond ring for sale to a jeweller, who, suspecting that it might have been improperly obtained, gave information to the authorities respecting the circumstances,
2 Hume, ii., chap. 2, § 2, art. 3, (ii. 77–8.)
ARRESTMENT AND FURTHCOMING,
These are two steps of legal diligence by which a creditor first prevents moveable debts, in the hands of a third party, from going into his (the former's) debtor's; and secondly, has them conveyed to himself.
The parties here, Ist, the creditor; 2d, the third party ; and 3d, the debtor, are called, lst, the arrester; 2d, the arrestee; 3d, the common debtor.
J. Of what Subjects competent. Arrestment may be applied for, on the ground of any debt for which the debtor is personally liable; but not of the performance of any fact-nor where the debt is not yet due, unless the debtor's circumstances be impaired, or other diligence be used against his estate.?
The subjects which may be arrested, are, all moveable goods, and debts, with all claims upon moveables, and also arrears of rent, or interest derived from heritable property; besides all debts on bonds bearing interest, whereon no infeftment has followed.2
A debt, to be arrested, must be then existing—but need not be instantly exigible.3
In yearly profits, (as rent, or interest,) those of the past
1 Ersk. Inst. iii. 6, § 10. Princ. iii. 6, § 3. Hutcheson, i. 8, § 4. (i. 299-300.)
? Ersk. Inst. iii. f, $ 6. Princ. iii. 6, § 4. Hutcheson, ut sup. (i. 300-1.)
3 Ersk. Inst. ut sup. & 8. Princ. ut sup. Hutcheson, ut sup.