APPRENTICES.

1. general observations and points relating to them.
1. impolicy of the existing law, 1 to 23.

2. in corporate towns.

number of, and time of service, how far regulated in corporate
bye law excluding foreigners, when bad, 7.
customs relating to, how far valid, 6, 7.

3. statute 5 Eliz. c. 4. provisions of, 8 to 11.
intended policy of the legislature, 11.
impolicy of the enactment, 12 to 23.

4. parish apprentices.

enactments relating to, 20, 1.
impolicy of them, 20 to 22.

2. definition of the term "" apprentice," 23, 4, 45 to 48.
3. who may take an apprentice, 24, 5.

[towns, 6, 7.

or compellable to take them, and punishment for refusing, 12.
4. who may be bound.

voluntarily, whether of age or not, 25.

an infant can only be sued in London, by custom, 25.
compulsory till twenty-one, 25, 45.

female child till twenty-one, or marriage, 45.

parish apprentice, compulsory power, 26.

5. mode of binding (see title "Indenture of Apprenticeship.")

statute 5 Eliz. c. 4. requires binding by indenture for seven years, 11, 26.
distinctions to be kept in view in regard to apprentices in general, parish
apprentices, and stamp duty.

indenture when, necessary and when not, 27, 8.

deed necessary, 28.

date of indenture, 29.

parties to be named, 29.

stipulation to serve essential, 29.

not necessary for parent or friend to be a party, 30.
but prudent for master to require it, and why, 30.

what amounts to a covenant, 30, 31.

execution of indenture.

not necessary that the master execute, 31.

when infant, friend or parish officers must execute, 31.

apprentice must if of full age, 32.

time, for which bound, must be seven years, 33.

binding for less voidable, 33.

but if less a settlement gained, 33.

a stranger who has enticed away cannot object to less binding, 33.
how to declare in that case, 33.

if apprentice runs away, magistrate may commit him, 33, 4.

but no action lies against parent if the indentures were voidable, 34.
general rule that the deed is only voidable, 35.

form of bindings, word "apprentice" not necessary, 45.
construction as to what is an apprenticeship or not, 46.
consideration to be stated, and omission how cured, 48, 9.
stamps on the indenture, 49 to 59, (see title "Stamps.")
6. counterpart of the indenture not necessary, 59.

APPRENTICES-(continued).

7. enrolment of the indenture, 59 to 61.

8. service necessary under the indenture, 62 to 64. (see title "Service.")
9. master's rights and liabilities, 64 to 75.

right to his service during the term, 64.

of action against third persons for enticing and harbouring, 64 to 67.
for work and labour of apprentice, 65.

parent or friend when it lies, 66, 7.

infant, when it lies, 66, 7.

to apprentice's earnings generally, 67 to 72.

to defend his apprentice, 73.

to correct him, 73.

when he may discharge him, 73.

cannot send him out of the kingdom, 73.

liability of master, 74.

to instruct and provide maintenance, 74.
to make restitution, 74.

not liable to be punished by magistrates, 74.

to an action for ill-treatment, 74.

to an indictment for cruel treatment, 74.

10. apprentice's rights and liabilities.

rights.

may sue his master, when, 75.

may set up in trade, 75.

may be discharged from apprenticeship, when, 75.
may insist on support in sickness, 75.

liabilities.

must perform the covenant whilst under age, 75.

may be sued for torts, 75.

cannot be sued on indenture unless by custom, 76.
to correction or discharge by magistrates, 76.

to indictment for felony or fraud, 76, 7.

11. assignment and turning over an apprentice, 77, 8.

12. dissolution of the apprenticeship, 79 to 88. (see title "Dissolution.")
by effluxion of time, 79.

by coming of age, 79 to 82.

by bankruptcy and insolvency, 82, 3.

by death, 83 to 85.

by consent, 85 to 87.

by award or by justices interference, 87, 8.

13. justices of peace jurisdiction, 89 to 109. (see title "Justices.")

14. obtaining freedom, 110 to 112. (see title Freedom.")

15. setting up in trade. 112, to 138. (see title " Trade.")

ASSIGNMENT AND TURNING OVER.

when an apprentice may be assigned, &c. 77, 8.

form of it, 153.

form of order to continue with widow, 154.

the like on a separate instrument, 154.

form of assignment of parish apprentice, with consent of two justices, 155.
the like on a separate instrument, 155.

BANKRUPTCY OF MASTER.

master continues liable, 82, 3.

apprentice, when bound to continue to serve, 82, 3.
effect of, as to premium, 82, 3.

BLACKSMITHS-(see title "Smiths").

BOND-(see title “Indenture”).

BYE LAW-(see title "Corporation").

CANCELLING INDENTURES.

what sufficient and equivalent, 85 to 87.

CAPTAIN OF SHIP.

liable to an action for retaining an apprentice, 64, 5.

CARPENTERS,

are within Statute 5 Eliz. c. 4. 124.

but not if trade used incidentally for carrying on another principal trade, 124.

CERTIORARI,

not allowed, when, 94.

lies to remove proceedings for penalties under Statute 5 Eliz. c. 4. 135, 6. 138.
COACH-MAKERS,

not a trade within Statute Elizabeth, 118. (see title "Trade.")

COINERS,

discoverers of, privileged as to trading, 114.

COMMITMENT-(see title "Conviction").
of an apprentice on 20 Geo. 2. c. 19.-152.

COMPLAINT,

may be made by master, and proved by a third person, 106.
form of apprentices under 20 Geo. 2. c. 19.-150.

form of complaint of the master under same statute, 151.

CONSENT,

to cancel indentures, what sufficient, 85 to 87.

CONSIDERATION-(see title "Premium").

what, necessary to be stated, and omission how aided, 48, 9, 53.

penalty for not stating it, 53.

what, to master, subject to stamp duty, 54 to 56.

CONVICTION-(see title "Commitment").

if regular on face of it, Court of King's Bench cannot discharge apprentice, 81,
action against justices if they exceed jurisdiction, 81.

form of, under 42 Geo. 3. c. 46.—155.

CORPORATIONS—(see title "Freedom").

their privileges, excluding strangers injurious, 5 to 8.

service of an apprentice to a freeman, when necessary to obtain it, 6.
custom to that effect good, 6. note 1.

custom as to number of apprentices, or time of service, good, 6, 7.
bye law regulating number, bad, 7.

custom as to excluding persons who have not served in town, good, 7.
bye law to same effect, bad, 7.

obtaining freedom in, 110, 111. (see title "Freedom.")

proceedings on bye law for exercising trade, 138.

CORRECTION,

master may correct apprentice moderately, 73.
justices may correct and punish, 100.

COSTS,

not recoverable in proceedings for penalties on Statute, 5 Eliz. 130, 1.

COUNTERPART.

not necessary in general, though advisable, 59.

stamp on, 51, 2, 59.

when necessary,

COURTS.

59.

in what, to proceed for penalties under Statute 5 Eliz. c. 4. 135 to 138.

CUSTOM-(see title "Corporations").

DATE

of indentures, 29, 53. (see titles "Apprentices" and "Indentures.")

DEATH

of apprentice determines contract, 83, 4.

of master, how far it affects contract, 84, 5.
return of premium in case of, 85.
proviso providing for, 147.

DECLARATION-(see title " Pleading").

[106.

M

DISCHARGE (see titles "Apprentice" and "Justices.")
what sufficient ground for, 104, 5.

form of order of, under 5 Eliz. c. 4. 149.

form of, for master misusing, on 20 Geo. 2. c. 19. s. 4. 151.
form of it for misconduct of apprentice on same Statute, 153.

DISSOLUTION OF APPRENTICESHIP.

by effluxion of time, 79.

by apprentices coming of age, 79 to 82.

by bankruptcy or insolvency, 82, 3.

by death, 83 to 85.

by consent, 85 to 87.

by award, 87,

by justices order, 87, 8, 98 to 109. (see title "Justices.")

EARNINGS,

masters right to, in general, 67 to 72.

ENROLMENT-(see title " Indenture").

of indenture to entitle to freedom, 59 to 61.
of order of justices, how far necessary, 105.

[denture enrolled, 107.

question when disputes are cognizable before Chamberlain of London, unless in-

EVIDENCE,

43.

an affidavit of duty having been paid, how far necessary,
execution of indenture need not be proved when it has been enrolled, 60.
necessary in action for enticing away or harbouring apprentice, 66.
complaint may be by master, proved by another person, 106.

EXECUTIONS,

of indentures, 31. (see tiles" Apprentices" and " Indentures.")

FELONY,

committed by apprentice, indictment for, 76.

FRAUD,

committed by apprentice, liable for, 75 to 77.

FREEDOM (see titles Corporation" and " Trade").

not gained, unless indentures state consideration, and are stamped, 54.
what service necessary to entitle apprentice to it, 62, 3. 128, 9.

King's Bench will compel corporation officer to admit to freedom, 110.
covenant by master to obtain it for apprentice, 112.

HABEAS CORPUS,

court will grant, on prayer of apprentice, 65.

but not on application of master, 65.

if conviction of apprentice be regular on face of it, Court cannot interfere, 81.