APPRENTICESHIP. Solicitor (articled clerk). in the profession of an attorney. And at the end of the term will best of his skill and knowledge, teach and instruct him the said (clerk) in the profession, business and practice of an attorney and solicitor (1). AND also that he the said (master) shall and will, at the expiration of the said term, at the request, costs and charges of the said (clerk), use his best endeavours to procure him to be admitted (2) and sworn an attorney and solicitor of the said Courts of procure him to King's Bench and Common Pleas, and of the High Court of Chan- be admitted. cery, and of such other of his Majesty's Courts at Westminster, or elsewhere, in or of which he the said (clerk) shall think fit to be admitted an attorney or solicitor. AND (3) further, that he the said mined, that the act must be strictly and rigidly complied with; and if therefore he serve but a small portion of his time with another attorney or solicitor, even with the express consent of his master, it is not a sufficient serving under the statute; ex parte John Hill, 7 Durnf. and E. 456; unless such attorney be the agent of the master, whom, by a rule of the Court of King's Bench, Trin. Term, 31 Geo. 3. he is not permitted to serve for a longer period than one year of the term. See 1 Durnf. and E. 379. But now by 1 and 2 Geo. 4. c. 48 (and see 3 Geo. 4. c. 16), if any such clerk shall have taken the degree of Bachelor of Arts within six years after his matriculation, or of law within eight years, in either of the Universities of Oxford, Cambridge or Dublin, his being articled for the term of three years, to commence within four years after taking such degree, shall be sufficient. And it is further declared by the last-mentioned act, that if a clerk be articled for the term of five years, his continuing for a term not exceeding one year with a practising barrister, or certificated special pleader, shall be deemed part of the service of his term of articles. (1) If the master is to provide the clerk with board and lodging, on being allowed an annual sum for that purpose, say, "And also shall and will, during the said term, find and provide the said (clerk) with suitable and sufficient lodging and residence in the house, and board with the family and at the table of him the said (master), upon being paid at or after the rate of £ per annum, as a recompense or remuneration for the same." Will not assign clerk to another master. Act of 2 Geo. 2. c. 28. must be strictly com plied with. Master to board clerk, and have an allowance. Attorney must enrolled previously to his be admitted and (2) It is requisite, in order to entitle an attorney to practise in the Courts of Westminster, that he should be recognized by the Courts, by being duly admitted and enrolled in the courts where he practises; and this admission must be in each of those Courts, for the purpose of practising. enabling him to practise there in his own name; see Vincent v. Holt, 4 Taunt. 452; but by 2 Geo. 2. c. 23. s. 10. he is allowed to practice in the name of another attorney, if he have the consent in writing of such attorney for that purpose. clerk. (3) If it be agreed that the master shall have the liberty of assigning Liberty for masover the clerk (sed vid. ante, n. 2.), instead of the above proviso, say, ter to assign the "PROVIDED ALWAYS, and it is hereby mutually declared and agreed by and between the said parties to these presents, that it shall and may be lawful for the said (master), at any time during the said period of five years, to assign or turn over unto any other sworn at APPRENTICESHIP. Solicitor (articled clerk). If master die during the term, a portion of the premium to be returned. (master) shall not, nor will, within the said term of five years, assign or turn over the said (clerk) to any other attorney or solicitor, or to any other person or persons whomsoever, for the remainder or then residue thereof without the consent or approbation of the said (father), his executors and administrators, or the direction of one of his Majesty's Courts at Westminster. AND moreover, that in case the said (master) shall depart this life before the expiration of the said term of five years, his executors or administrators shall and will pay or cause to be paid (1) unto the said (father), his executors or administrators, or such other person or persons as he the said (father), or his executors or administrators shall direct or name in that behalf, such part or proportion of the said sum of £ at such times as hereinafter are mentioned (that is to say), in case the said master 'shall depart this life before the expiration of the first year of the said term, the sum of £ ; and if before the expiration of the second year of the said term, the sum of £ ; and if before the expiration of the third year of the said term, the sum of £ to and for the proper use and benefit of him or them the said (father), his executors or administrators, or such other person to be named in that behalf as aforesaid; and in case of such decease of the said (master) as aforesaid, his executors and administrators shall and will forthwith, and with all convenient speed, at the request of the said (father), his executors or administrators, or of the said (clerk), but at the expense of the executors and administrators of the said (master), assign over or cause to be assigned over, the said (clerk) unto some other attorney and solicitor to be named or approved of by him the said (father), his executors and administrators, for the reCovenant by father of clerk for sidue which shall be then to come of the said term (2). AND THESE Agreement for return of part of premium on master's death valid. Portion of premium returnable on bankruptcy. Part of premium to be returned on death of clerk. torney of his Majesty's Courts of Westminster, the service and benefit of the clerkship of him the said (clerk) for the remainder of the said term which shall be then to come, in such manner and form as he the said (master) shall think fit, subject nevertheless to the same or the like covenants, clauses, and agreements, as are herein contained." (1) An agreement that a portion of the premium given with an articled clerk or apprentice shall be returned if the master die within a given time, is good: and in equity even a larger sum than has been agreed upon has been decreed to be refunded on his dying very shortly after the execution of the articles; Newton v. Rouse, I Vern. 460; and although there be no such agreement, yet if the master be come a bankrupt, a proportion of the premium, according to the duration of service, will be considered a debt, and proveable under the commission. Ex parte Sandby, 1 Atk. 149. (2) If it be agreed that part of the premium shall be returned on the death of the clerk within a given period, see ante, p. 402. n. (3). ; APPRENTICESHIP. Solicitor (articled clerk). ful service. PRESENTS FURTHER WITNESS, that in consideration of the premises aforesaid, he the said (father) for himself, his heirs, executors and administrators, doth hereby covenant (1), promise and declare, with and to the said (master), his executors, administrators and assigns, in his son's faiththe manner following (that is to say), that he the said (clerk) shall and will diligently and faithfully serve the said (master) as his clerk in the said business or profession of an attorney and solicitor from the date of these presents, for and during the said term of five years thence next ensuing, and that without at any time or times wilfully or negligently concealing, obliterating, spoiling, losing, embezzling, lending, spending or making away with any of the books, papers, deeds, writings, monies or other goods, chattels or property of him the said (master), his executors, administrators or assigns, or of any of his or their client or clients, or any other books, papers, deeds, writings, monies, goods, chattels or property committed to the custody or care of him the said (master) or of the said (clerk) as his clerk. AND that he the said (clerk) shall not nor will discover or divulge any concerns or transactions in business relative to the affairs of tions. the said (master) or any of his clients, which ought not to be made public, nor absent himself from the service of the said (master) at any time during the said term without his express consent and approbation first had and obtained for that purpose, but shall and will acquit and demean himself in all respects as an honest and faithful clerk ought to do. AND further, that he the said (father), his executors or administrators, shall and will from time to time, and at all times hereafter during the said term of five years, at his and their own proper costs and charges, find and provide for him the said (clerk), all manner of clothes, linen and other apparel fit and becoming for his use and wear as clerk to the said (master) as aforesaid, and also the washing, mending and repairing thereof. AND And pay the further, that he the said (father), his exccutors or administrators, duty on premishall and will, within the time appointed by Act of Parliament for that purpose, well and truly pay or cause to be paid to the Commissioners of his Majesty's Stamp duties, the tax or duty imposed upon or payable in respect of monies given with clerks and apprentices, and indemnify and save harmless the said (master), his executors and administrators, of and from the same and every matter and Will not disclose official transac And to provide &c. him with clothes, um. (1) If the clerk bind himself, and be under the age of 21 years, these Clerk binding covenants will of course be omitted. himself. APPRENTICESHIP. Solicitor (articled clerk). Mutual penalty for performance of covenants. Penal sum. thing relating thereto. And for the true observance and performance Articles of clerkship must be enrolled. Stamp. (1) See ante, p. 65. n. (3). By 34 Geo. 3. c. 14. articles of clerkship must be enrolled within six months after the date in one of the Courts at Westminster. The 55 Geo. 3. c. 184. imposes a stamp duty of £120 on all articles of clerkship or contract whereby any person shall first become bound to serve as a clerk, in order to his admission as an attorney or solicitor in any of his Majesty's Courts of Westminster, or a proctor in the High Court of Admiralty, or in the Ecclesiastical Court of Doctors' Commons, and upon any counterpart or duplicate thereof, the sum of £1 15s. 6d.; and in any of the Courts of Great Session in Wales, or of the counties Palatine of Chester, Lancaster and Durham; or any other Court of Record in England holding pleas where the debt or damages amount to 40s.; or as a solicitor, agent or attorney in any of the Courts of Session, judiciary, Exchequer, and commission of teinds in Scotland £60; and upon counterparts or duplicates, £1 15s. The same duty is imposed upon articles of clerkship with the Six Clerks of the Court of Chancery. But where the articles are for the continuance of the clerk for the residue of his Term, on the death of his father or master, then a duty of £1 15s. only on such articles and counterparts respectively. For further particulars as to which, see the schedule of this act, post. Vol. III. "STAMP." No. CXXVI. An Assignment of Articles of Apprenticeship by the Master (1). ASSIGNMENTS. Apprenticeship. day of THIS INDENTURE made the in the year of our Lord 18 BETWEEN (the former master) (2) of, &c. of the first part (the father of the apprentice or clerk) of, &c. and (the apprentice (3) or clerk) son of the said (father) of the second part, and (the intended master) of, &c. of the third part. WHEREAS by cles of apprenindentures of apprenticeship bearing date the day of which was in the year 18 and made or expressed to be made between the said (father) and (apprentice) of the one part, and the said (former master) of the other part, the said apprentice was placed with and bounden to the said (former master) to be taught and instructed in the trade or business of for the term of seven years from thence next ensuing, under and subject to the several terms, Recital of arti ticeship. (1) As an apprenticeship is supposed to be founded on the good Apprenticeship not regularly opinion the parent of the apprentice has of the master, it is considered assignable. by the law in the nature of a personal trust and confidence, and therefore not assignable to another (unless by the custom of London; 1 Keb. 250. or in the case of parish apprentices, 2 and 3 Ann. c. 6. and 32 Geo. III. c. 57.) without the consent of the apprentice. See Hob. 134; Peck's Ca. 1 Salk. 66; Baxter v. Burfield, 2 Strange, 126; 12 Mod. 441. 66 (2) If the assigment be by the executor of the deceased master, say, (The executor) of, &c. executor of the last will and testament of (the former master), deceased, of the first part." (3) It will be necessary, for the reasons given in the preceding note, that the apprentice should be a party to the assignment; but although an assignment without such consent will not constitute an apprenticeship with the new master, it will be such a service as to entitle him to exercise his trade on the expiration of the term; Caister and Eccles' Ca. 1 Ld. Raym. 683; 1 Salk. 68. S. C.; Baxter v. Burfield, 2 Stra. 1267; Rex. v. Inhab. Stockland, 1 Dougl. 70. SUP.-VOL. I. H H Assignment by former master. executor of Apprentice should be a party to assignment." |