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Vol. III. Ch. III. title, or interest under him, or any other person or persons whomsoever, of, in, or to the hereditaments and premises hereinafter mentioned) shall and will, at the proper costs and charges of the said Samuel Randall, his heirs, executors, administrators, and assigns, on or before the 4th day of October next, make out and produce a good and clear title to, and at the costs and charges of the said Wm. Spittle, by such conveyances, ways, and means in the law, as he, the said Wm. Spittle, his heirs and assigns, or his and their counsel, shall reasonably devise, advise, or require, and well and sufficiently grant, sell, release, convey, and assure to the said Wm. Spittle, and his heirs, or to whom he or they shall appoint or direct, all that, &c. (setting out the property to be sold) with covenants to be therein contained, that the said premises, at the time of executing such conveyance, are free from all incumbrances and demands whatsoever, and all other usual covenants; in consideration whereof the said Wm. Spittle, for himself, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree to and with the said Charles Lavender, his heirs, executors, and administrators, by these presents, that he, the said Wm. Spittle, his heirs, executors, or administrators, or some of them, on having such good title made out and produced, and the said premises so assigned and conveyed to his heirs and assigns as aforesaid, shall and will well and truly pay, or cause to be paid, unto the said Charles Lavender, his heirs, executors, or administrators, as agent for the said Samuel Randall, as aforesaid, the aforesaid sum of £1500 for the same in the manner following, (that is to say, &c.), but as the conveyance deeds will be executed on the 4th of October next, the said Wm. Spittle is to execute a mortgage of all the aforesaid premises to the said Samuel Randall, as a security for the sum of £1500. Witness their hands, the day and year first above written.

Witness, &c.

(Signed)

Charles Lavender. William Spittle.

I hereby sanction this agreement, and approve of Charles Lavender having signed the same on my behalf.

Sam. Randall.

Apprentices.

Usual Form of
Indenture of

Apprentice in
Trade between
Apprentice and
his Father and

Master. (1)

THIS indenture witnesseth, that A. B. doth put himself apprentice to C. D. to learn his art, and with him (after the manner of an apprentice) to serve from the

unto the full end and

term of seven years from thence next following, to be fully complete and ended; during which term the said apprentice his master faithfully shall serve, his secrets keep, his lawful commands every where gladly do; he shall do no damage to his said master, nor see to be done of others, but to his power shall let or forthwith give warning to his said master of the same; he shall not waste the goods of his said master, nor lend them unlawfully to any; he shall not commit fornication, nor contract matrimony within the said term; he shall not play at cards, dice, tables, or any other unlawful games, whereby his said master may have any loss, with his own goods of others during the said term without licence of his said master; he shall

(1) See Chitty on Apprentices, per tot. and vide more particularly for future events, fee 54 G. 3. c. 96. It is obvious that this usual turn of proportion of premiums, and for the printed form is not well framed. In so im- death of either party. See the next precedent.

portant a contract it would be advisable to pro

neither buy nor sell; he shall not haunt taverns or playhouses, nor absent Vol. III. Ch. III. himself from his said master's service day or night, unlawfully, but in all things as a faithful apprentice he nail behave himself towards his said master and all his, during the said term. And the said A. B., his said apprentice, in the art of which he useth, by the best means that he can, shall teach and instruct, or cause to be taught and instructed, limiting unto the said apprentice sufficient meat, drink, lodging, and all other necessaries during the said term. (1) And for the true performances of all and every the said covenants and agreements, either of the said parties bindeth himself unto the other by these presents. (2) In witness whereof the parties above named to these indentures interchangeably have put their hands and seals, the day of and in the year of the reign of our sovereign lord by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, and in the year of our Lord one thousand eight hundred and

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A. B. (L. s.)
G. H. (L. s.)
C.D. (L. S.)

of

Articles of Agreement, in a fuller Form, be

tween a Master and an Apprentice and his Relations, in the Business of a

Chemist and

Articles of Agreement indented, had, made, concluded, and fully agreed upon this 1st day of January in the year of our Lord 1823, between A. B. of, &c. chemist and druggist, of the first part; C. D. of, &c. farmer, of the second part; and E.F. of, &c. son of G. H. late of the same place, farmer, deceased, and the nephew of the said C. D. of the third part; as follows; (that is to say), The said A. B., in consideration of the sum of £299 of lawful money Great Britain to him in hand well and truly paid by the said C. D. at or Druggist. (3) before the sealing and delivery of these presents, the receipt whereof he the said A. B. doth hereby acknowledge, and thereof and therefrom, and of and from the same and every part thereof, doth acquit, release, and for ever discharge the said C. D. his executors, administrators, and assigns, and every of them, for ever, by these presents, and also in consideration of the service of the said E.F. to be done and performed by him for the said A. B., and of the covenants and agreements hereinafter entered into by the said C.D. and E. F., he the said A. B. doth, at the instance of the said C. D., and by and with the consent of the said E. F. (testified by his being a party to and executing these presents) agree to take and receive him the said E. F. as his apprentice from the day of the date hereof, for and during and unto the full end and term of five years now next ensuing; and he the said E. F. hath put and placed, and by these presents doth, by and with the consent of the said C. D. (testified by his being a party to and executing these presents), put and place himself to and with the said A.B., to serve him as his apprentice from the date hereof for the said term of five years; during which time he the said E. F. shall and will faithfully, diligently, and honestly serve him the said A. B., his secrets keep, and his lawful commands obey and perform, and shall not nor will leave or absent himself from the service of his said master without his leave during the said term, nor unduly nor negligently spend or waste any of his said master's monies, effects, goods, or chattels

Barn. & Ald.

(1) In Winstone v. Linn, H. T. 1923, K. B. it was held, that though an apprentice has been guilty of gross misconduct, and leave his service, yet if he afterwards return within a reasonable time, the master is bound (3) See the notes to the last precedent.

(2) Under this clause the father is liable to be sued in covenant for his son's breach of covenant, Dougl. 518,

76

Vol. III. Ch.III. which shall be in the custody of or entrusted with him by the said A. B., or that shall be delivered or put into the hands of the said E.F., or come to his hands by his the said A.B.'s orders or appointment, or in any other manner on his account, during the said term, but shall and will well and truly forthwith account for, deliver, and pay to the said A. B., his executors, administrators, or assigns, all and every such sum and sums of money, and all other things which he the said E. F. shall receive, have, or take of or for, or be intrusted with for or on account of the said A. B. or the said E. F. as his apprentice; and also shall and will in all things demean and behave himself as a good, true, and faithful apprentice during the said term: And the said A. B., in consideration of the aforesaid premises, doth hereby covenant and agree to and with the said C.D. and also the said E.F. in manner following, (that is to say) that he the said A. B., during the said term of five years, shall use his best endeavours to teach and instruct or cause to be taught and instructed the said E. F. as his apprentice in the said trade or business of a chemist and druggist and all things incident thereto, and also shall find and provide for him the said E. F. good and sufficient meat, drink, and lodging during the said term, he continuing in such service of him the said A. B. And lastly, the said C.D. doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said A. B., his executors and administrators, that the said E. F. shall and will faithfully, diligently, and honestly serve the said A. B. as his apprentice during the said term: And further, that he the said C. D., his executors or administrators, shall and will find and provide to and for the said E. F. good, proper, and sufficient clothes, washing, pocket money, medicines and medical attendance, and all other necessaries (except as aforesaid) during the said term. In witness, &c.

An Indenture for the Sea of a common Sailor

to serve in such Ships as the Master shall

appoint. (1)

This indenture witnesseth, that A. son of B. of, &c. doth bind himself apprentice unto C. of, &c. after the manner of an apprentice, to serve him the said C., and such other person or persons in the navigation of any ship or vessel as the said C. shall order and appoint, from the day of the date hereof, for the full term of during all which said term the said apprentice shall and will faithfully serve years, and fully to be complete and ended, the said C. and do and perform all such service and business, as well at sea on board any ships or vessels. which shall belong or be employed in the service of the said C., and with and under such person or persons as he shall from time to time order and appoint, or otherwise, as the occasions of the said C. shall require, and shall and will obey all the lawful commands of his said master, and such other person or persons with whom he shall from time to time order and appoint him to serve and go in such ship or vessel, and diligently and carefully demean and behave himself towards him and them. He shall not do or willingly suffer to be done by others any hurt, prejudice, or damage to the goods, merchandizes, or other affairs of his said master, or any other with whom he shall be appointed to serve as aforesaid, but the same to the utmost of his power shall hinder and prevent, or him and them forthwith give notice. He shall not absent himself from the said service by day or night unlawfully, but in all things as a good and faithful apprentice he shall demean and behave himself towards his said master and such person or persons with whom he shall order him from time to time to serve as aforesaid during the said term. prentice shall and will cause to be taught and instructed in the art or busiAnd the said master his said ар

(1) See this form in Montefiore, 302; and see stat. 37 G. 3. c. 73. s. 4. regulating appren tices in the West India trade,

ness of a sailor, as far as shall be necessary to the voyages wherein he shal. Vol. III. Ch. III. be employed; and also shall and will find and provide unto and for his said apprentice meet and sufficient meat, drink, washing, and wearing apparel, both woollen and linen, and all other necessaries during the said term. And for the true performance, &c. (1) In witness, &c.

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churchwardens, and E. F.
in the county of
in the said parish,

An Indenture of a Parish Apprentice; on

of the one part, and A. M. of

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shoemaker, of the other part, witnesseth, that the said churchwardens and
overseers of the poor, by and with the consent of
two of his
Majesty's justices of the peace for the said county, dwelling near to (or in)
the said parish of
one whereof is of the quorum, have put, placed,
and bound, and by these presents do put, place, and bind A. P., a poor boy,
whose parents B. P. and C. P. are not able to maintain him, of the age of
years, to be an apprentice with him the said A. M., and as an ap-
prentice with him the said A. M. to dwell, from the date of these presents,
until the said A. P. shall come to the age of
years, (or, if a female,
until the said A. P. shall come to the age of
years, or the time of her
marriage, which shall first happen), according to the statutes in such case
made and provided. By and during all which time and term, the said A. P.
shall the said A. M. his said master well and faithfully serve in all such lawful
business as the said A. P. shall be put unto by the command of his said master,
according to the power, wit, and ability of him the said A. P., and honestly
and obediently in all things shall behave himself towards his said master, and
honestly and orderly towards the rest of the family of the said A. M. And
the said A. M. for his part, for himself, his executors and administrators,
doth hereby promise and covenant to and with the said churchwardens and
overseers of the poor, and every of them, their and every of their executors
and administrators, and their and every of their successors for the time
being, and to and with the said A. P., that he the said A. M. shall the
said A. P. in the craft, mystery, and occupation of a shoemaker, which he the
said A. M. now useth, after the best manner that he can or may teach, instruct,
and inform, or cause to be taught, instructed, and informed, as much as
thereunto belongeth, or in any wise appertaineth; and that the said A. M.
shall also find and allow unto the said apprentice sufficient meat, drink,
apparel, washing, lodging, and all other things needful or meet for an ap-
prentice, during the term aforesaid. In witness whereof the said parties
have hereunto set their hands and seals, the day and year first above

written.

43 El. c. 2. s.1.5.

to the Covenant for Maintenance.

Provided always, that the said last-mentioned covenant on the part of the Form of a Prosaid A. M., his executors and administrators, to be done and performed, viso to be added shall continue and be in force for no longer time than three calendar months next after the death of the said A. M., in case he the said A. M. shall happen to die during the continuance of such apprenticeship, according to the provisions of an act passed in the thirty-second year of the reign of king George the third, intituled, "An Act for the further regulation of Parish Apprentices."

Vol. III. Ch. III.

The Assent of
Two Justices.

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We, two of his Majesty's justices of the peace for the above-mentioned county of dwelling near to the above-mentioned parish of and one of us of the quorum, do hereby declare our assent to the binding the above-named A. P. an apprentice to the above-named A. M. according to the form and effect of the above-written indenture. Given under our hands the day of, &c.

Warrant to levy 10l. for not receiving a poor Apprentice; on the Statute of

8 & 9 W.

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Whereas A. B. and C. D. churchwardens, and E. F. and G. H. overseers
of the poor of the parish of
, in the said county, by the assent of
[us]
two of his Majesty's justices of the peace for the said county,
dwelling near to (or in) the said parish of
one whereof is of the
quorum, did endeavour to bind A. P., a poor male child of the said parish,
whose parents are not able to maintain him, apprentice to A. M. of

in the said parish, tailor, and for that intent did prepare and duly perfect
one pair of indentures, pursuant to the statute in such case made and pro-
vided; which said pair of indentures was signed and confirmed by [us] the
said two justices: And whereas the said A. M. is duly convicted before us the
justices aforesaid, as well upon the oath of the said A. P. or otherwise, for
that he the said A. M. hath refused and doth refuse to receive and provide
for the said A. P. as an apprentice, and also to execute another part of the
said indentures, being duly tendered to him by the said churchwardens and
overseers of the poor, whereby the said A. M. hath forfeited the sum of ten
pounds: These are therefore, in his said Majesty's name, to require and
command you, to make distress of the goods and chattels of him the said
A. M., and if within the space of [six] days next after such distress by you
made, the said sum of 10l., together with reasonable charges of taking and
keeping the said distress, shall not be paid, that then you do sell the said
goods and chattels so by you distrained, and out of the money arising by such
sale, pay the said sum of 10l. to the overseers of the poor of the said parish
of
where the said offence was committed, for the use of the poor
of the said parish, returning the overplus upon demand unto him the said
A. M. the reasonable charges of taking, keeping, and selling the said dis-
tress being thereout first deducted.
Herein fail you not. Given under our
hands and seals the
day of
in the year

Summons of the

Master for misusing his Ap

prentice; on 5 El. c.4.

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Whereas complaint and information hath been made unto me one of his Majesty's justices of the peace in and for the said county, by A. P. apprentice to A. M. of in the said county, shoemaker, that the said A. M. hath misused and evil entreated him the said A. P. (by cruel punishment, and beating him the said A. P. without just cause, and by not allowing unto him sufficient meat, drink, apparel, or as the case shall be) : These are therefore in his Majesty's name to command you to summon the said A. M. to appear before me at the house of in the said county, at the hour of in the

on

the

day of

afternoon of the same day, to answer unto the said complaint, and to be further dealt with according to law. Herein fail you not. Given under my

hand and seal the

day of, &c.

Note.-A summons rather than a warrant in all such like cases, between party and party, is generally most eligible; yet in this case it seemeth

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