No. CXIII. *Articles of Apprenticeship with a Retail Trader (1), the Apprentice bound by his Parent. Variations where he binds himself. ARTICLES OF AGREEMENT INDENTED made the day of APPRENTICESHIP. Trade (retail). Vid. repealed by 54 Geo. III. (1) By the statute of 5 Eliz. c. 4. s. 31. it is enacted, "that no per- 5 Eliz. c. 4. son or persons shall set up, occupy, use, or exercise any craft, mystery, or manual occupation then used or occupied within the realm of England or Wales, except he shall have been brought up therein seven years at the least, as an apprentice; nor set any person on work in such mystery, art or occupation, except he shall have been such apprentice, or else having served as an apprentice, shall become a journeyman, or be paid by the year." But this prohibition, it will be perceived, extends to such trades only as were in use at the time of passing the act; those therefore which were unknown in the reign of Elizabeth might be exercised without a previous apprenticeship; Pride v. Stubbs, 2 Campb. 397; and even as to these the act was held to extend to such only as required skill and experience; 8 Co. 258. And now by 54 Geo. III. c. 96. sec. 1. this part of the enactment of 5 Eliz. is repealed, and the same act (s. 2) repeals the "rules and regulations imposed by the stat. Eliz. respecting the qualifications of persons entitled to take, and to become apprentices, and the term of years for which such apprentices should be bound, and as to the mode of binding such apprentices" and declares that it shall thenceforth be lawful for any person to take or retain or become an apprentice without regard to the required provisions of the said act of Elizabeth. And that "all indentures, deeds and agreements entered into for that purpose" shall be as binding as before that act. But the act does not affect the custom of London or of any other privileged city, town, corporation or company. By some more recent acts, however, the usages of these places also are infringed upon in favour of officers, soldiers and sailors, see 56 Geo. III. c. 67. &c. post. ; and various statutes have passed, and are still in force, relative to apprentices to particular trades, chiefly with the humane view of preserving the health and morals of the apprentice, where more especially endangered by the nature of the business-as 42 Geo. III. c. 48-73. relative to chimney-sweepers; 28 Geo. III. c. 73-59. ib. c. 66 and 60. ib. c. 5. relative to apprentices to manufacturers, see post. p. 421. n. (1). c. 96. Parish. APPRENTICESHIP. Trade (retail). Recital of agree ment for apprenticeship. (1), in the our Lord 18 year of the reign, &c. and in the year of BETWEEN (the father of the apprentice), of, &c. and (the apprentice) (2) son of the said (father) of the one part, and (the master), of, &c. of the other part. WHEREAS the said (master) (3) hath agreed with the said (father) to take the said (apprentice) his son, as his apprentice for the term of seven years, to be taught and instructed in the trade or business of in 5 Eliz. c. 4. Articles need not, in all cases, be by indenture. Date. Apprentice must be a party. Articles bind apprentice only during minority. Apprentice may bind himself till 21. Apprentice binding himself. By the same act of 5 Eliz. any householder of the age of 24 years, dwelling in any city or town corporate or market town, and exercising any mystery or manual occupation there, may during such residence and occupation retain the son of any freeman, not occupying husbandry, as an apprentice after the custom of London. for seven years at the least, so that his apprenticeship do not expire until he be of the age of twenty-four years -this term is however by the act of 18 Geo. 3. c. 47. restricted to the age of twenty-one years. Since the above statute of 5 Eliz. it has generally been thought requisite that every apprenticeship should be by indenture, but the act in this respect (see sec. 25) relates solely to apprentices in husbandry. There are some cases, however, in which the articles of apprenticeship are required by statute to be by indenture, namely apprentices put out by the parish, 43 Eliz. c. 2.; apprentices in husbandry as before mentioned, and apprentices to owners of ships, fishers on the seas, gunners, and shipwrights, 5 Eliz. c. 5. s. 12. (1) By 8 Ann. c. 9. s. 35. it is expressly required that articles of apprenticeship and clerkship should bear date the day they are executed. (2) It is necessary to the validity of the articles that the apprentice should be a party, as the binding will not otherwise constitute a valid apprenticeship; Chesterfield's Ca. 2 Salk. 479; Rex. v. Inhab. Cromford, 8 East. 25., Maul. 850.; Rex. v. Inhab. Ripon, 9 Eas. 295. 880: Rex v. Inhab. Armesby, 3 Barn. and Ald. 581. ; but as he may nevertheless avoid the articles on his coming of age, Ex parte Davis, 5 Durnf. and E. 715, and as no action is maintainable against an infant for breach of covenant during his minority, unless by the custom of London; Moor, 134 ; Hall v. Chandler, 1 Mod. 271; it is usual to require the father, or some other friend, to be bound for the faithful discharge, by the apprentice, of his duty; 11 Co. 89. b.; Whitley v. Loftus, 8 Mod. 190; Branch v. Ewington, 2 Doug. 518. (3) If the apprentice bind himself of his own authority (which he may do if above the age of 14, until he be of the age of 21; Ex parte Mary Ann Davis, 5 Durnf. and E. 715), Rex v. Inhabit. Arundell, 5 Maul. and Sel. 257. recite "WHEREAS the said (apprentice), being of the age of years, of his own choice and free will hath agreed to bind himself to the said (master) as his apprentice, for the term of years, to under be taught and instructed in the trade or business of consideration of the sum of £ APPRENTICESHIP. Trade (retail). to be paid to the said (master) at the time of the execution of these presents, and subject to other the terms and agreements hereinafter contained. Now THIS INDEN- Covenant by TURE WITNESSETH (1), that in pursuance of the said agreement, and master to inin consideration of the sum of £ (2) of lawful money tice. of the united kingdom of Great Britain and Ireland, to the every the matters and things whatsoever incident or relating thereto. struct appren (1) If the apprentice bind himself of his own authority, say, Apprentice bind"Now THIS INDENTURE WITNESSETH, that in pursuance of the ing himself. said agreement, and in consideration of the covenants and agreements hereinafter contained on the part of the said (master) to be performed and observed, HE the said (apprentice) doth hereby bind and place himself unto and with the said (master) as his apprentice, to be taught and instructed in the trade or business of for the term of years from the date hereof, during all which said time he the said (apprentice) shall and will well, truly and faithfully serve the said (master) as his apprentice, and diligently attend to the concerns and business of the said trade of and shall not nor will do any wilful injury to the said (master), or suffer or permit the same to be done without acquainting the said (master) therewith, but shall and will acquit and demean himself as an honest and faithful apprentice ought to do. And in further pursuance of the said agreement, and in consideration of, &c." as above. (2) By 8 Ann. c. 9. s. 39. the premium paid with an apprentice, clerk, or servant must be truly set forth in the indentures; see Jackson v. Harwicke, 7 Durnf. and E. 121; but the insertion of a larger sum than that paid, if the duty be paid upon it, will not vitiate the articles; Rex v. Inhab. Keynsham, 5 East, 309; and although a smaller sum than that agreed to be paid be inserted expressly to avoid the stamp duty, as £19 19s. 6d. instead of £20 it is a sufficient compliance with the act, provided no more than the sum inserted be actually paid; Shepherd v. Hall, 3 Campb. 180. Premium paid with apprentice must be stated in the articles. APPRENTICESHIP. Trade (retail). And provide him with board. [AND (1) also shall and will during the said term, find and provide (2) the said (apprentice) with suitable and sufficient diet and lodging in the house of him the said (master), in a like and equal manner with the rest of his family, he the said (apprentice) at all times taking his meals with the said (master) and his family, and not with the menial or domestic servants of the said (master)] (3). AND in consideration (4) of the covenants and agreements hereinbefore contained on the part of the said master, HE the said (father) HATH placed and bounden, and by these presents DоTH place and bind the said (apprentice) unto and with the said (master) for the said term or period of years (5), to be computed from the date of these presents; Covenant by fa- and doth hereby for himself, his heirs, executors and administrators, covenant, promise and declare, and the said (apprentice) doth hereby freely and voluntarily consent and agree to and with the said (master), his executors and administrators, that he the said (apprentice) shall ther for son's due service. Apprentice boarding himself. Master to allow apprentice for his board. Return of part of premium on death of apprentice. Apprentice binding himself, Apprenticeship to expire at age of twenty-one. (1) If the apprentice be not to board with the master, the words within brackets must be omitted. (2) If the master is to allow the apprentice for his board, say, AND also shall and will well and truly pay or cause to be paid unto the said (apprentice) during the said term, or during so much thereof as he shall continue his apprentice as aforesaid, the clear yearly sum of L in lieu and full satisfaction of the board and lodging of the said (apprentice)." (3) If it be agreed that part of the premium shall be returned on the death of the apprentice, say, "AND moreover, that in case the said (apprentice) shall happen to depart this life at any time within twelve calendar months, to be accounted from the date of these presents, he, the said (master), his executors or administrators, shall and will return and pay unto the said (father), his executors, administrators and assigns, the sum of L being one part of the said premium or sum of £ so paid to the said (master) with him the said (apprentice) as aforesaid; and if he shall depart this life within the term of from the date of these presents, then the sum of L portion of the said premium." years part and (4) If the apprentice bind himself of his own authority, and be under the age of twenty-one years, these covenants (unless by the custom of London) will be ineffective, and may therefore be omitted. (5) See ante, p. 399. n. (1). The father should take care that the period will expire at or before his son's attaining the age of twenty-one years, for if the apprentice come of age before the expiration of the seven years and absent himself from service, the father will, notwithstanding, be liable under his covenants; Cuming v. Hill, 3 Barn. and Ald. 59. and will, during all and every part of the said term of seven years, APPRENTICESHIP. Trade (retail). If master die, executors to pro master. (1) Where a person agrees to give up the whole of his time and attention to the service of his employer, he is entitled to the whole of such time and attention, unless it be otherwise agreed upon; Thompson v. Havelock, 1 Campb. 527. (2) If it be agreed that the apprentice shall not be boarded with the master, add,. “SAVE and except an interval of two hours to be allowed the said (apprentice) for dinner and relaxation." (3) On the decease of the master, his executors are obliged by the custom of London to provide and place the apprentice with another for the remainder of his time; Peck's Ca. 1. Salk. 66. ; and he is not compellable to serve the executor himself of such master; Baxter v. Burfield, 2 Stra. 1266; Pearce v. Chamberlain, 2 Ves. 36. (4) If the business is of a nature easily to be acquired, and may be followed without any statutable requisition for a given period of previous service, add, “AND the said (master) doth hereby, in manner and form afore |