London and other places it may be done | by a "turn-over." Parish apprentices may also (32 Geo. III. c. 57, s. 7), with the consent of two justices, be assigned over by indorsement on the indentures. An indenture is determinable by the consent of all the parties to it; it is also determined by the death of the master. But it is said that the executor may bind the apprentice to another master for the remainder of his term. And if there is any covenant for maintenance, the executor is bound to discharge this as far as he has assets. In the case of a parish apprentice (32 Geo. III. c. 57, s. 1), this obligation only lasts for three months, where the apprentice-fee is not more than 57., and the indenture is then at an end, unless upon application by the widow or executor, &c. of the master, to two justices, the apprentice is ordered to serve such applicant for the remainder of the term. By the custom of London, if the master of an apprentice die, the service must be continued with the widow, if she continue to carry on the trade. In other cases it is incumbent on the executor to put the apprentice to another master of the same trade. By the Bankrupt Act, 6 Geo. IV. c. 16, s. 49, it is enacted, that the issuing of a commission against a master shall be a complete discharge of an indenture of apprenticeship; and where an apprentice-fee has been paid to the bankrupt, the Commissioners are authorized to order any sum to be paid out of the estate for the use of the apprentice which they may think reasonable. duty on apprentices' indentures, varying with the premium, was first imposed by 8 Anne, c. 9. A A master may by law moderately chastise his apprentice for misbehaviour; but he cannot discharge him. If he has any complaint against him, or the apprentice against his master, on application of either party to the sessions, by 5 Eliz. c. 4, or to two justices in the case of a parish apprentice, by 20 Geo. II. c. 19, and other acts, a power is given to punish or to discharge the apprentice, and in some cases to fine the master. If any apprentice, whose premium does not exceed 10., run away from his master, he may be compelled (6 Geo. III. c. 25) to serve be yond his term for the time which he absented himself, or make suitable satisfaction, or be imprisoned for three months. If he enters another person's service, his master is entitled to his earnings, and he may bring an action against any one who has enticed him away. In London, in case of misconduct by the master towards the apprentice, or by the apprentice towards the master, either party may summon the other before the chamberlain, who has power to adjudicate between them, and, upon the disobedience or refractory conduct of either party, may commit the offender to Bridewell. The wardens of the different Livery Companies had formerly jurisdiction in matters of disputes between the apprentices and masters in their respective crafts; and in Herbert's 'History of the Twelve principal Companies' there is some curious information respecting regulations for apprentices, their dress, duties, &c. We cannot fairly judge the institution of Apprenticeship, without an accurate examination of the circumstances under which it arose. That it had its uses cannot be doubted, and the continuance of the practice in this country, since it has ceased to be required by law, is some evidence in favour of the institution. Except in the case of surgeons and apothecaries, proctors, solicitors, attorneys, and notaries, there is now no apprenticeship required by law in England. The impolicy of the old apprentice laws as they existed in France and England has been shown by many writers (Droz, Economie Politique, p. 114, &c.; Adam Smith, Wealth of Nations, book i. chap. 10). These laws and regulations were either part of the system of guilds, or were made in conformity to the objects of such system. Adam Smith says that apprenticeships were "altogether unknown to the ancients;" and "the Roman law is perfectly silent with regard to them." This may be so: but as the guilds or companies in Rome (collegia) were very numerous, it is possible that they had for their object to limit the numbers of those who should practise their several arts and mysteries; and apprenticeships might be one mode of effecting this, though it is true, as Adam Smith observes, that there appears | prenticeship in various trades will, as already observed, be regulated by custom, but it cannot remain unaffected by the general principles of the demand and supply of labour. to be "no Greek or Latin word which expresses the idea we now annex to the word apprentice, a servant bound to work at a particular trade for the benefit of a master, during a term of years, upon condition that the master shall teach him that In most professions of the more liberal trade." It has been observed on this, that kind there is in England no contract of such a word could not have been required, apprenticeship; the pupil or learner pays when nearly all who worked for a master a fee, and has the opportunity of learning were slaves. But if many or most of the his teacher's art or profession if he pleases. workmen were slaves, the masters were Thus a man who intends to be called to not, and the members of the companies the bar pays a fee to a special pleader, a could not be slaves. Adam Smith asserts conveyancer, or an equity draftsman, and that long apprenticeships are altogether has the liberty of attending at the chamunnecessary; and he affirms that "the bers of his teacher and learning what he arts which are much superior to common can by seeing the routine of business and trades, such as those of making clocks assisting in it. But he may neglect his and watches, contain no such mystery as studies, if he pleases, and this will neither to require a long course of instruction." concern his master, who can very well But in this and other passages, he rather dispense with the assistance of an ignounderrates the time that is necessary for rant pupil, and gets the money without attaining sufficient expertness in many giving anything for it, nor the public. arts, though he truly observes that agri- For though the barrister is admitted by culture, in which our law never required the inns of court without any examinaapprenticeship, and in which apprentice- tion, and may be utterly ignorant of his ship is little in use, and "many inferior profession, no mischief ensues to the pubbranches of country labour, requires much lic, because the rules of the profession more skill and experience than the greater do not permit him to undertake business part of mechanic trades." Wherever without the intervention of an attorney the law allows the contract of appren- or solicitor, and no one would employ ticeship to be unrestrained, its terms will him without such intervention. But the be regulated by custom, which though it attorney or solicitor is required by act of may be sometimes unreasonable or ab- parliament to serve a five years' apprensurd, must finally adapt itself to true ticeship, the reasons for which are much principles in a country where industry is diminished since the institution of an free and wealth is consequently accumu- examination by the Incorporated Law Solating. Those who have an art, mystery, ciety in Chancery Lane, London, before craft, or trade to teach, and can teach it he can be admitted to practise. Indeed well, and give a youth every opportu- a part of the time which is now spent in nity of learning it sufficiently, will always an attorney's office would be much better be sought after by parents and guardians spent at a good school, and would perof children in preference to other masters, haps cost the parent or guardian as little. and the terms of the contract will be less There is frequently a fee paid with an favourable in a pecuniary point of view to apprentice to an attorney or solicitor, and the parent or guardian than in cases where there is a stamp duty of 120l. on his inthe master cannot offer those advantages. dentures; so that it is probable that the The good master may require a sum of raising of revenue was one object in legismoney with the apprentice, and may re-lating on this matter. Persons who pracquire his services for a longer period than is necessary for him to master the mystery, craft, or trade. In other cases a master may often be glad to get an apprentice, that is, in other words, a servant, for as long a time as he can, and without requiring any money with him. The contract of ap tise as physicians serve no apprenticeship, but they are subjected to examinations; all persons who practise as apothecaries must serve a five years' apprenticeship. The reasons for this apprenticeship also are much diminished by the institution of examinations, at which persons are rejected who have not the necessary knowledge, | tract is left free by the law, it will depend though they have served the regular on many circumstances, whether the period of apprenticeship. If the exami- master will be content with such a period; nation of the attorney and apothecary he may require either more money with is sufficiently strict, that is a better gua- the apprentice and less of his service, or rantee for their professional competence less of his money and more of his serthan the mere fact of having served an vice. This is a matter that no legislator apprenticeship. Yet the apprenticeship can usefully interfere with. But when is some guarantee for the character of boys leave home at an early age, and are the apothecary and solicitor, which the sent to learn an art, it is necessary that examination alone cannot be, for a youth they should be subjected to control, who has much misconducted himself and for a considerable period. They during his apprenticeship cannot receive must learn to be attentive to their busithe testimonial of his master for goodness, methodical, and well-behaved; and conduct, and he is liable to have his indentures cancelled. The attorney and apothecary belong to two classes whose services are constantly required by the public, who have little or no means of judging of their professional ability. A man can tell if his shoemaker or tailor uses him well, but his health may be ruined by his apothecary, or his affairs damaged by his attorney, without his knowing where the fault lies. There is no objection, therefore, to requiring apprenticeship or any other condition from APPRISING. [ADJUDICATION.] an attorney or apothecary which shall APPROPRIATION. [ADVOWSON.] be a guarantee for his professional com- APPROVER. By the old English petence, but nothing more should be law, when a person who had been arrequired than is necessary, and it is gene-rested, imprisoned, and indicted for trearally agreed that an apprenticeship of five years is not necessary. If, however, the law were altered in this respect, it is very possible that the practice of five years' apprenticeship might still continue; and there would be no good reason for the law interfering if the parties were willing to make such a contract. In all those arts, crafts, trades, and mysteries which a boy is sent to learn at an early age, a relation analogous to that of master and servant, and parent and child, is necessary both for the security of the master and the benefit of the boy. Adam Smith speaks of apprenticeship as if the only question was the length of time necessary to learn the art or mystery in. If parents can keep their children at home or at school till they approach man's estate, the control created by the contract of apprenticeship is less necessary, and the term for serving a master need not be longer than is requisite for the learning of the art. Still, if the con if their master sets them a good example, the moral discipline of a boy's apprenticeship is useful. If the master does not set a good example, the effect will be that he will not be so likely to have apprentices; for an apprenticeship partakes of the nature of a school education, an education in an art or mystery, and a preparation for the world; and a master who can best prepare youths in this threefold way is most likely to have the offer of apprentices. son or felony, confessed the crime charged in the indictment, and was admitted by the court to reveal on oath the accomplices of his guilt, he was called an ap prover. The judge or court might in their discretion give judgment and award execu tion upon the party confessing, or admit him to be an approver. In the latter case a coroner was directed to receive and record the particulars of the approver's disclosure, which was called an appeal, and process was thereupon issued to apprehend and try the appellees, that is, the persons whom the approver had named as the partners of his crime. As the approver, in revealing his accomplices, rendered himself liable to the punishment due to the crime which he had confessed, and was only respited at the discretion of the court, it was considered that an accusation, made under such circumstances, was entitled to peculiar credit, and the accomplices were therefore put upon their trial without the intervention of a grand jury. Here, however, as in other appeals [APPEAL], the parties accused by the approver were allowed to choose the mode of trial, and the approver might be compelled to fight each of his accomplices in succession. But, unlike an appeal by an innocent person, the prosecution at the suit of an approver might be defeated and discharged by a pardon granted by the king either to the approver or to the appellee. If the approver failed to make good his appeal, judgment of death was given against him. If he succeeded in convicting the appellee, he was entitled to a small daily allowance from the time of being admitted approver, and to a pardon from the king. The appeal by approvers had become obsolete before the abolition of it by parliament; and the present practice is to prefer a bill of indictment against all parties implicated in the charge, except the approver, and to permit the criminal who confesses his guilt to give evidence against his companions before the grand jury. If upon the trial the demeanour and testimony of the accomplice are satisfactory to the court, he is recommended to the mercy of the crown. (See 2 Hawk., Crown Law, ch. 24.) ARBITRATION is the adjudication upon a matter in controversy between private individuals appointed by the parties. This mode of settling differences is very frequently resorted to as a means of avoiding the delay and expense of an action at law or a suit in equity. It has the advantage of providing an efficient tribunal for the decision of many causes -such, for instance, as involve the examination of long and complicated accounts,-which the ordinary courts are, from their mode of proceeding and the want of proper machinery, incompetent to investigate. The person appointed to adjudicate is called an arbitrator, or referee. The matter on which he is appointed to adjudicate is said to be referred or submitted to arbitration. His judgment or decision is called an arbitrament, or, more usually, an award. Most matters actually in controversy between private persons may be referred to arbitration; but an agreement to refer any differences which may hereafter arise is not binding, for the parties cannot be compelled to name an arbitrator. But an agreement may be made to refer any dispute that may arise to arbitration, with a condition of certain penalties, to be paid by the party who shall refuse to agree in the appointment of an arbitrator. injury can be the subject of an arbitration, unless it is such as may be a matter of civil controversy between the parties: a felony, for instance, which is a wrong, not to the party injured merely, but to society in general, cannot be referred. No There are no particular qualifications required for an arbitrator. În matters of complicated accounts, mercantile men are usually preferred. In other cases, it is usual to appoint barristers, who, being accustomed to judicial investigations, are able to estimate the evidence properly, to confine the examination strictly to the points in question, and, in making the award, to avoid those informalities for which it might afterwards be set aside. Both time and expense are thus saved by fixing on a professional arbitrator. Any number of persons may be named as arbitrators: if the number is even, it is usually provided that, if they are divided in opinion, a third person shall be appointed, called an umpire, to whose sole decision the matter is then referred. A dispute may be referred to arbitration, either-1. When there is an action or suit already pending between the parties relating thereto, or-2. When there is no such action or suit. 1. In the former case, the parties to the action or suit, if sui juris, are in general competent to submit to arbitration. The reference may be made at any stage of the proceedings: if before trial, it is effected by a rule of the court of law or an order of the court of equity in which the action or suit is brought; if at the trial, by an order of the judge or an order of Nisi Prius, either of which may afterwards be made a rule of court. The usual mode of proceeding in a case referred to arbitration where an action is pending, is for the parties to consent that a verdict shall be given for the plaintiff for the damages laid in the declaration, subject to the award of the arbitrator. The person named as arbitrator is not bound to accept the office, nor, having accepted, can he be compelled to proceed with it. In either case, if the arbitrator refuses or ceases to act, the reference is at an end, unless the contingency has been provided for in the submission, or unless both parties consent to appoint some other person as arbitrator in his stead. The order of reference usually provides that the award shall be made within a certain period; and if the arbitrator lets the day slip without making his award, his authority ceases, but a clause has usually been inserted to enable the arbitrator to enlarge the time; and now, independently of any such clause, the court, or any judge thereof, is, by the late statute for the amendment of the law (3 & 4 Will. IV. c. 42), empowered to do so. The authority of an arbitrator ceases as soon as he has made or declared his award. After this (even though it be before the expiration of the time appointed) he has no longer the power even of correcting a mistake. When the arbitrator has accepted his office, he fixes the times and place for the parties to appear before him. Each of them furnishes him with a statement of his case, which is usually done by giving him a copy of the briefs on each side; and on the day appointed he proceeds to hear them (either in person, or by their counsel or attorneys), and to receive the evidence on each side, nearly in the same manner as a judge at an ordinary trial: but he is frequently invested by the order of reference, with a power of examining the parties themselves. No means existed of compelling the attendance of witnesses, or the production of documents, before an arbitrator, until the statute 3 & 4 Will. IV. c. 42, authorized the court or a judge to make an order to that effect; disobedience to which order, if served with proper notice of the time and place of attendance, becomes a contempt of court. The witnesses, thus compelled to attend, are entitled to their expenses in the same manner as at a trial. And where the order requires the witnesses to be examined upon oath, the arbitrator is by the same statute authorized to administer an oath or affirmation, as the case may require; and any person who gives false evidence may be indicted for perjury. The extent of an arbitrator's authority depends on the terms of the reference: it may either be confined to the action pending between the parties, or it may include any other specified grounds of dispute, or all disputes and controversies whatever existing between them at the time of the reference. Where the matters referred to him are specified, it is his duty to decide upon them all; where they are not specified, it is his duty to decide upon as many as are laid before him. In no case is an arbitrator authorized to adjudicate upon anything not comprehended in the reference; such, for instance, as any claims or disputes which may have arisen after the reference was made, or, where the reference is specific, anything not expressly included in it. An arbitrator being a judge appointed by the parties themselves for the settlement of their differences, his decision on the merits of the case submitted to him is conclusive. But if his award be partially or illegally made, the superior courts have the power of setting it aside, upon application being made within reasonable time. This happens either, 1. where the award is not co-extensive with the arbitrator's authority; or, 2. where it appears on the face of it to proceed on mistaken views of law, or to fail in some of the qualities required for its validity; or, 3. where any misconduct has been committed. This may happen in two cases: 1st, where the arbitrators have been guilty of corruption or other misbehaviour, as, if they have proceeded to arbitrate without giving notice of the meeting, have improperly refused to receive evidence, or committed any other gross irregularity in practice: 2ndly, where it is proved that the arbitrator has been misled by fraud used by either of the parties. Where an award is absolutely void, as where it is made after the authority of the arbitrator has ceased, it is |