may, therefore, be gained by service under a binding for a less period.b

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."

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

b 1 Burr. Sett. Cases, 91.

R. v. Arnesly, 3 B. and A. 584; R. v. Ripon, 9 East, 295.

d Hob. 134; Bac. Abr. Master and Servant, E. 1 Bott. 584; 1 Salk. 66; Dougl. 71.

Rex v. Peck, 1 Salk. 66; Rex v. Eakring, 1 Bott. 583; Baxter v. Burfeild, Id. 581.

the remainder of the term; but by the custom of 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 purpose of gaining a settlement, the service under an assignment will suffice, (11 East, 95.)

the

Parish apprentices may be assigned by virtue of 32 Geo. III., cap. 57, sec. 7, (11 East, 97.)

CHAPTER XII.

ASSIGNMENTS.

An Assignment of a Term to attend the Inheritance. THIS indenture, made, &c., between, &c.-[Recite the instrument creating the term, and that by mesne assignments, &c., it became vested in the assignor, and recite the conveyance of the freehold since the last assignment, including the cotemporary conveyance or mortgage.] And whereas it hath been agreed between the parties hereto, that the said

and premises should be assigned by the said A. B. unto the said G. H. for all the residue of the said term of five hundred years upon the trusts, intents, and purposes hereinafter declared. Now, this indenture witnesseth, that, in pursuance of the said recited

agreement, and in consideration of the sum of five shillings by the said G. H. paid to the said A. B., the receipt whereof is hereby acknowledged, he, the said A. B., at the request, and by the direction of the said C. D., and on the nomination of the said E. F., testified by their severally executing these presents, hath bargained, sold, assigned, and transferred, and, &c., unto the said G. H., his executors, administrators, and assigns, all the said messuages, farms, lands, and premises herein before described, [being part of messuages, lands, and premises,] and comprised in, and demised by, the hereinbefore in part recited

the

indenture, being the hereditaments and premises comprised in and conveyed by the said in part recited indenture of lease and release, [(or if it is uncertain what part of the premises are subject to the term,) all so many and such part of the hereditaments and premises described in, and conveyed by the hereinbefore in part recited indenture of lease and release, as were comprised in and demised by the also hereinbefore in part recited indenture of

and are now subject to the said term of five hundred years,] with their several rights, members, and appurtenances. And all the estate, right, title, interest, trust, term, and terms of years, property, possession, benefit, claim, and demand whatsoever, both at law and in equity, of him, the said A. B., of, in, or to the same, or any part thereof respectively. To have and to hold the said and all and singular other the premises hereby assigned, or intended so to be, with their appurtenances, unto the said G. H., his executors, administrators, and assigns, henceforth for all the rest and remainder of the said term of five hundred years now to come and unexpired, and for all other the estate, term, and interest of the said A. B. therein. In trust, nevertheless, for the said E. F., his executors, administrators, and assigns, for the further, better, and more effectually securing the payment of the principal, interest, and other moneys intended to be hereby secured, and to permit and suffer the same term, from time to time, to be assigned and disposed of for that purpose, as he, the said E. F., his executors, administrators, or assigns, shall from time to time direct or appoint, and in the meantime and subject thereto. In trust, and to the end and intent, that the same term may attend and wait upon the freehold reversion and inheritance of the said hereditaments and premises intended to be hereby assigned, in order to protect the same from all mesne and intervening incumbrances, if any such there be, and to be from time to time subservient to the uses, trusts, interests, and purposes, in and by the

said recited indenture of release, limited, expressed, and declared, of and concerning the same.

Assignment of a Term by Indorsement, on a Purchase of the Inheritance by the Owner of the Term.

This indenture, made, &c., between the within named A. B. of the one part, and C. D., of, &c., of the other part. [Recite the contract for the purchase.] And whereas by certain indentures of lease and release, already prepared and made between, &c., the messuage, lands, and premises, within mentioned and described, are intended to be conveyed and assured by the said

unto the said A. B., his heirs

and assigns for ever. And whereas, in order to prevent the within mentioned term of five hundred years now subsisting in the said premises from being merged in the reversion and inheritance thereof, it hath been agreed, that, previous to the execution of the hereinbefore mentioned indentures, the said messuages and premises shall be assigned by the said A. B. to the said C. D. for all the residue of the said term of five hundred years, for the purposes hereinafter mentioned. Now, this indenture witnesseth, that, in pursuance of the said purpose and agreement, and in consideration of five shillings, &c., he, the said A. B., hath bargained, sold, assigned, and transferred, and, &c., unto the said C. D., his executors, administrators, and assigns, all the within described messuages, lands, and premises, with their several rights, members, and appurtenances. And all the estate, &c. [Habendum as in last precedent covenant by A. B., that he has not incumbered.]

Assignment of several Terms.

This indenture, &c. [Recite the creation of the oldest term, and trace it as in an assignment of a single term to the present trustee, and do the same as to the second, third, and each other term successively; then recite the title to the freehold from the period