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the custody of or entrusted to him by the seid A. B., or which shall be delivered or come to the hands of the said E. F., by the order or appointment of the said A. B., or in any other manner on
his account, during the said term ; but shall and And duly will well, truly, and forth with account for, deliver, account.
and pay to the said A. B., his executors, administrators, or assigns, all and every such sum and sums of money, and other things, which he, the said E. F., shall receive, have, or be entrusted with,
or which shall come to his hands or possession for or And well de- on account of his said master. And also shall and mean himself.
will in all things demean and behave himself as a good, true, and faithful apprentice during the said term in all other matters and things whatsoever.
And the said A. B., in consideration of the premises, Master cove- doth hereby covenant and agree to and with the said nants to in
C. D., and also the said E. F. in the manner following:
and will find and provide for him, the said E. F., good And find and sufficient meat, drink, and lodging, during the meat, &c. continuance of him, the said E. F., in the service of Covenant by him, the said A. B. And, lastly, the said C. D. doth father for
v. hereby, for himself, his heirs, executors, and adminison's fidelity,
strators, 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
* If to a surgeon, add here: “ And further, that he, the said A. B., shall and will permit and allow the said E. F., during the last two years of the said term, to resort to and attend, two days in every week, or oftener if requisite, the hospital of, &c., in and for his further and better instruction and improvement." See 55 Geo. III. cap. 194, and 6 Geo. IV. cap. 133, requiring a service of five years to an apothecary previous to being admitted for examination.
honestly serve the said A. B. as his apprentice dur. ing the said term. And further, that he, the said And to find C. D., his executors or administrators, shall and will, clothes, &c. at his own expense, find and provide, or cause to be found and provided, 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 Assignment of Indentures of Apprenticeship.
This indenture, made the, &c., between C.J., of, &c., Parties. linen-draper, (executor of the last will and testament of D. R., late of the same place, haberdasher, deceased,) of the first part; C. D., of, &c., gent., and B. D. his son, of the second part ; and P. T., of, &c., of the third part. Whereas the said B. D. did, of Recital of for. his own free will, by and with the advice and consent mer articles. of the said C. D. his father, by certain indentures of apprenticeship, bearing date, &c., put and bind bimself apprentice to the said D. R., to be taught and instructed in the art, trade, or business of a which the said D. R. then used, and to serve the said D. R. after the manner of an apprentice from thenceforth, for and during and unto the full end and term of seven years from thence next ensuing, and fully to be complete and ended. And whereas Recital of the said D. R. departed this life on or about the, master's
death, and &c., having first duly made and published his last of his will. will and testament in writing, and thereby appointed the said C. J. sole executor thereof. And whereas the said B. D., at the time of the death of his said master, had served four years and upwards of his said term of seven years. Now, this indenture witnesseth, Witnesseth. that, in order that the said B. D. may serve out the remainder and full term of his said apprenticeship, and be fully taught in the said art, trade, or business of a according to the purport and intent of the said recited indenture, he, the said C. J., at the request of the said B. D., and by and with the ad
vice of the said C. D., his father, testified by their
being parties to, and sealing and delivering these Assignment. presents, hath, and by these presents doth fully and
absolutely grant, assign, and set over unto the said P. T. all the right, title, interest, duty, service, term of years, and demand whatsoever, which he, the said C. J., hath, or can, or may lawfully have in or to the said B. D., under or by force or virtue of the said recited indenture of apprenticeship, as executor of the said D. R. deceased, or otherwise howsoever.
And the said P. T. for himself, his executors, and from assigne
administrators, doth hereby covenant, promise, and agree to and with the said C. D., his executors and administrators, that he, the said P. T., shall not only sufficiently teach and instruct, or cause to be taught and instructed, to the best of his abilities and skill, his said apprentice in the said art, trade, or business of a
, which he now uses, but also shall and will find and provide for him meat, drink, washing, and lodging, meet and convenient for such apprentice, during all the said term of three years, residue and remainder of the term of seven years, as aforesaid. In witness, &c.
Observations on Indentures of Apprenticeship.
The instrument by which the apprentice is bound must be indented ;) and in order to the validity of such indenture, it is necessary where the apprentice is an infant,” that the term of apprenticeship should be for a period of seven years at the least, for if the term should be for a less period, the indenture would, under the statute of the 5th Elizabeth, be voidable by the parties to it. No third person, however, can avoid the indenture on that ground, and a settlement
may, therefore, be gained by service under a binding for a less period.
Except in the case of parish apprentices, the concurrence of the party bound is absolutely necessary, the father having no power to bind his children.
The master cannot assign an apprentice against his will, and, indeed, strictly speaking, the contract of apprenticeship being a personal trust, an apprentice is not assignable or transmissable, and the apprenticeship is determinable by the death of either party; but nevertheless, if the apprentice serve the assignee or representative of his master with the consent of the parties, such service will be considered as a continuation of the original apprenticeship.d
Though the representatives of the master are not bound themselves to teach their testator's apprentice, and are not able to compel him to serve them if they should be capable of affording the proper instruction, yet unless they procure for him another master, or teach him themselves, they will be liable in damages for the non-performance by their testator of the covenants, which by his death he was prevented from fulfilling.
By the custom of London, a freeman may turn over his apprentice to another freeman, and such master shall have the same benefit of the apprentice's covenant, and the apprentice of the covenants on the part of the master, as if they had been originally entered into with each other.
The master to whom he is assigned must rely upon the covenants entered into by the person on the behalf of the apprentice for his faithful service during bi Burr. Sett. Cases, 91. * R. v. Arnesly, 3 B. and A. 584; R. v. Ripon, 9 East,
the remainder of the term; but by the custom o London, the executors of the master are bound, in case of his death, to place the apprentice with another master, (1 Salk. 66.) It has been decided, that, for the purpose of gaining a settlement, the service under an assignment will suffice, (11 East, 95.)
Parish apprentices may be assigned by virtue of 32 Geo. III., cap. 57, sec7, (11 East, 97.)