CHAP. II. OF THE PERSONS WHO MAY BE BOUND APPREN- HAVING in the preceding chapter considered the 1st. The term " Apprentice" is derived from the I. Definition. French word apprendre, to learn (a), which etymology may sometimes assist us in the construction of the legislative provisions relative to apprenticeships. Thus in the case of the King v. Eccleston (b), Lord Ellenborough said, that (a) 1 Bla. Com. 426. (b) 2 East. 298. I. Definition. where the contract was that the master should teach the other a trade, and the latter was to do nothing ulterior the employment in that trade, it was a contract apprendre; in the true sense of the word it constituted an apprenticeship within the meaning of the legislative expression; and whenever a contract is executed with the solemnities incident to a binding by deed, and the object, of the agreement is to instruct the party serving, it is rather to be considered as a contract of apprenticeship than of hiring as a servant (c). II. Who may be bound ap to whom. The 14 and 15 Hen. 8. c. 2. prohibits any prentice, and alien or denizen from taking an apprentice upon pain of forfeiting ten pounds, half to the king, and half to the informer; but this does not seem to invalidate the indenture; and it has been held, that though a bye law, imposing a penalty on the master for taking an apprentice contrary to this regulation, may be valid, one declaring that the indenture shall be void, will not be so (d). The 5 Eliz. c. 4. appears to direct that persons taking an apprentice shall be of the age of twenty-four years. But this, as well as the regulation requir ing the parent to have a certain freehold estate (as observed by Dr. Burn), appears obsolete (e); and for the purpose of settlement, it has been held that the age (f) of the master, and his condition or employment, are immaterial, if the binding be without fraud (g), and that a settlement will be (c) The King v. Rainbow, 1 East. 531. (d) Moore. 411. (e) 1 Burn's Justice. 101. 21 ed. (f) 4 Term Rep. 196.Cald. 444.-2 Bott. 617. (g) 1 Bott. 613. gained, although the master had no right to take II. Who may such an apprentice (h). A minor, even without his parent's consent, may voluntarily bind himself, an indenture of appren ticeship being considered for his benefit, and he will be subject to the jurisdiction of the magis trates, under the 5 Eliz. c. 4. s. 43 (i). But no action can be brought at common law against an infant apprentice on his covenant to serve (k), nor can he be sued in equity (); and though the sta tute 5 Eliz. c. 4. s. 42, 3. expressly enacts that the apprentice shall be bound as if he had been of full age, yet it has been held that this only subjects him to the jurisdiction of the magistrates, and not to an action for the breach of his covenant (m). But in London there is a custom that an infant shall be bound by his indenture, and he is liable to ́ be sued on his covenant in any court (n). An adult may legally bind himself as an apprentice, in order to enable himself to set up trade, and may thereby gain a settlement, but in this case he must execute the indenture himself, or he cannot be deemed an apprentice (o). The 5 Eliz. c. 4. s. 35. and 46. is compulsory on infants to become apprentices, if, upon the ap、 plication of any householder therein mentioned, a (h) Vin. Ab. Apprentice, K. pl. 12.-2 Bott. 370.Bull. N. P. 193. (i) Foley. 154.-2 Bott. 370.-6 Term Rep. 556. and 652. (k) Cro. Car. 179.-19 Vol. MS. 110. Bac. Ab. Master and Servant, B.-Com. Dig. Justice of Peace, B. 55.-8 (1) 1 Eq. Ca. Ab. 6. (n) Moore. 135.-Bae. Ab, be bound apprentice, and to whom. II. Who may justice of the peace shall think it proper that he be bound ap prentice, and shall serve as an apprentice; and if he refuse, the to whom. III. Mode of binding and indenture. justice is invested with a power to commit him to prison till he will be bound. With respect to parish apprentices, the 43 Eliz. c. 2. and 18 Geo. 3. c. 47. give power to the churchwardens and overseers, with the consent of two justices of the peace, to bind out any male child till the of twenty-one, and age any female to the same age, or the time of her marriage, and provide that such binding shall be as obligatory on the child as if he had bound himself; and the 8 and 9 W. 3. c. 30. s. 5. compels the master to receive such purish apprentice, and in default thereof he forfeits ten pounds, or may be indicted for his refusal (p). With respect to the mode and terms of the bindrequisites of ing, unless the requisites of the Statute of Elizabeth have been observed, the contract will in general be invalid. But here it is necessary to premise, that although for some purposes a binding contrary to the provisions of these statutes may be inoperative, yet for others the contract will be deemed an apprenticeship. The provisions with relation to apprenticeships are of three descriptions. The first and main object of the legislature was either the education of youth, or the maintenance of poor children for seven years; the second, to secure to apprentices who duly served their masters, as such, for forty days, a settlement in the parish where they so served; and the third was merely an object of revenue, imposing a stamp duty according to the (p) Ante, 21. premium paid with the apprentice. We therefore III. Motle of find, that for the first purpose the binding must be requisites of binding and for seven years, but for the two last a binding for indenture. a less term is sufficient. This was established with respect to settlements in the case of St. Nicholas v. St. Peters (q); and with respect to stamps, in the case of Rex v. Hingham (r). and when not indented. The Stat. 5 Eliz. c. 4. throughout its provisions By Indenture, requires the binding to be by indenture. So with sufficient if regard to parish apprentices, the 3d W. & M. c. 11. requires, in conformity with the Statute of Elizabeth, that the binding shall be by indentures, that is by deed indented, and cut at the top in a waving or undulating line; and under these acts it has been held that the instrument should be actually indented; and in Smith v. Bitch (s), where an action was brought for enticing away an apprentice, and the instrument being produced, began with the words "This Indenture," &c. but in fact the parchment was not indented, it was decided that it was a deed poll; and this accords with the doctrine laid down by Lord Coke (t). But with respect to parish apprentices, the Statute 31 Geo, 2. c. 11. enacts that no person who shall be "bound an apprentice by any deed, writing, or "'contract, not indented, being first legally stamp"ed, shall be liable to be removed from the place "where he was so bound and resident forty days, by virtue of any order of removal, or or (q) Burrows' Settlement Cases, 91.-See other cases in 1 Nolan's Poor Laws, 313. (r) Caldecot. 371.-1 Bott. 553. and 6 T. R. 452. (s) 1 Sess. Cases. 222. |