apprentice fee. remains, Campbell, 5 S. 335. If a contract of indenture Return of is ended by the death of a master, his executors are bound to return the apprentice fee, if any, minus a rateable proportion for the time and trouble spent on the instruction of the apprentice prior to the master's death, Anon., 2 Br. Sup. 520; Ogilvy, 2 Br. Sup. 34. On the apprentice's death, no part of the apprentice fee is returnable to his executors by the master, nor is he bound to forego any part of it not paid, Shephard, M. 589. If a master becomes bankrupt, the apprentice can rank on his sequestrated estate for a rateable proportion of the apprentice fee, Fairy, stated in Ogilvy, 2 Br. Sup. 34. In the case of Stevenson, 10 Macph. 919, the Court Cautioner is held a cautioner for an apprentice in minority, who had indenture voidindentured himself without the consent of his father, ground of bound to the master in damages for desertion of service on the part of the minor. It was argued for the cautioner that, as the father had not signed the indenture, it was null quoad both the apprentice and the cautioner; but the Court indicated that it was not ipso jure void and null, and held that, whether it was void or only voidable on the ground of minority as regards the minor, it bound the cautioner in implement of his obligation. bound, though able on minority and lesion. apprentice. depute III. OBLIGATION BY MASTER TO TEACH THE APPREN- III. Obligation by master TICE. In this part of the deed, the master undertakes to to teach instruct his apprentice in all the branches of his trade, and to conceal no part thereof from him. If a master has Master can qualified workmen in his business, he may depute the instruction to instruction of the apprentice to them, Gardner, M. 593; workmen. but the apprentice is entitled to demand to be trained in Apprentice all usual branches of the trade. In Lyle, 2 Macph. 115, taught usual an apprentice was awarded damages for failure on the trade. part of his master to teach him an important part of his trade. qualified entitled to be branches of IV. Clause of relief in favour of cautioners. V. Penalty clause. VI. Testingclause. IV. CLAUSE OF RELIEF BY APPRENTICE IN FAVOUR OF HIS CAUTIONERS.-This clause binds the apprentice to free and relieve his cautioners of all cost, damage, interest, and expense which they may incur by being bound and obliged for him. V. PENALTY CLAUSE FOR NON-PERFORMANCE.-By this clause both parties bind themselves to perform the undertaking to each other under the penalty of a certain sum. VI. TESTING-CLAUSE. The testing-clause is in the usual form. An indenture defective in form may be validated by rei interventus or homologation, Rymer, M. 5726; Neil, Hume, 20. CHAPTER III. SUBMISSIONS. mission is. three kinds : (2) special; A "SUBMISSION is truly a contract, entered into between What a subtwo or more parties who have debateable rights or claims against one another, by which they refer their differences to the final determination of an arbiter or arbiters, and oblige themselves to acquiesce in their decision. Where there are two or more arbiters, the submission sometimes bears that in case the arbiters shall disagree in their opinions, a certain person therein named as oversman shall have power to determine finally; and sometimes the nomination is left to the arbiters," Ersk. 4, 3, 29. Like facto- Submissions of ries, submissions are of three kinds :-(1) general; (2) (1) general; special; and (3) general and special. A general submis- and (3) general sion is a reference of all demands, claims, and disputes, and special. questions, and differences between the parties; a special submission is a reference of a particular demand, claim, dispute, question, or difference between the parties; and a general and special submission is a combination of a general and a special reference. But the reference in a general and special submission will only cover questions ejusdem generis of the questions specially mentioned, Ersk. 3, 4, 9. A separate deed of submission is not necessary to the con- A separate stitution of a reference; there is often a clause of submis- mission not sion in leases, &c., which is operative, and when a clause the constituof submission is embodied in a contract under which tion of a referdisputes may arise, the submission is said to be ancillary to the contract of which it forms a part. Writing is deed of sub necessary to ence. Form of submission. I. Narrative clause. II. Submitting clause. III. Power to receive claims, take all manner of probation, and to hear parties. IV. Power to decern for sum due, and expenses. essential to the constitution of a submission except in matters of little importance and of small amount; and, subject to this exception, it is not competent to refer the constitution of a verbal submission to the oath of party, Ferrie, 3 S. 113; Bell's Lectures on Conveyancing, vol. i. 367. See, however, Dickson on Evidence, § 562, and Otto, 9 Macph. 660. A submission or an award should be holograph or tested; but a defective submission or award, followed by rei interventus or homologation, will bar locus pœnitentiæ. The form of a general submission given in the Juridical Styles, vol. ii. 223, is as follows: WE, the parties following-viz., A of the first part, and B of the second part, HAVE SUBMITTED and REFERRED, and hereby SUBMIT and REFER, all demands, claims, disputes, questions, and differences, heritable or moveable, real or personal, depending and subsisting between us upon any account, occasion, or transaction whatever, to the amicable decision, final sentence, and decreearbitral, to be pronounced and given forth by C, sole arbiter (or C and D, arbiters), mutually chosen by us [if two arbiters have been named, here say-or in case of difference in opinion between the said arbiters, by E as oversman, or failing him by death or non-acceptance at any time before giving a final award, by any other oversman whom the said arbiters shall choose]; WITH POWER to the said arbiter (or arbiters or oversman respectively) to receive the claims of the parties, take all manner of probation which he (or they or he) may think necessary by writ, witnesses, or oath of party, for determining the matters hereby submitted, and to hear the parties thereon [if it is desired to give the arbiters power to take the proof on commission, or to remit to men of skill, here say—the said arbiter (or arbiters and oversman respectively) being hereby empowered to take the proof foresaid, in so far as it shall seem to him (or them or him) to be expedient, by means of a commissioner duly authorised by him (or them or him) to that effect, and to make such remits to men of skill as he (or they or he) may find necessary in duly preparing himself (or themselves or himself) for the performance of his (or their or his) duty as arbiter (or arbiters or oversman) foresaid]: WITH POWER also to the said arbiter (or arbiters and oversman respectively) to decern against either party, in whole or in part, for payment of such sum as he (or they or he) may determine to be due and resting-owing by either of us to the other, and also of the expenses which may be incurred by the other party under this submission, and also for the remuneration of the clerk to to issue awards final, endurance of submission, and next to come, or on or before any other day to which he (or they or he) are hereby empowered to do at pleasure, we power of bind and oblige ourselves and our respective heirs, executors, and prorogation. successors, to acquiesce in, implement, and fulfil to each other, under the penalty of £ sterling, to be paid by the party failing sion. to the party observing or willing to observe the same, over and above performance: And it is hereby DECLARED, that although VI.Declaration either or both of us shall die [or become bankrupt] before final that death or bankruptcy of decree-arbitral shall be pronounced upon this submission, the same party will not shall nevertheless continue in full force and be, with the decree- end submisarbitral or decrees-arbitral to follow hereon, binding upon the heirs and representatives of the party or parties deceasing [or the credi- VII. Agreetors of the party becoming bankrupt], and the arbiter (or arbiters ment that, if no decree proand oversman respectively) are hereby empowered, notwithstanding nounced, all any law or practice to the contrary, to proceed in and determine probation taken by arbithe matter submitted as if no such death [or bankruptcy] had hap- ters to be pened; And further, we hereby AGREE that in case no final decree- received as arbitral shall follow hereupon, all probation to be taken by the legal probasaid arbiters shall be held and received as legal probation, quantum et quale, in any after-submission or process at law between us and our respective foresaids touching the premises: And WE CONSENT VIII. Consent to the registration hereof, and of the prorogations and devolu- to registration for preserva. tions, and interim or final decree-arbitral or decrees-arbitral to tion and execufollow hereon, for preservation and execution. IN WITNESS tion. WHEREOF, &c. tion. IX. Testingclause. clause. names I. Narrative Any Parties sub party mitters. women. I. NARRATIVE CLAUSE.-This clause contains the and designations of the parties to the submission. person of full age and capable of consent can be a to the contract. A married woman, with the consent of Married her husband, can be a party to a submission, Telfer, M. 5657; Tait, 9 S. 680; but a decree-arbitral ordaining her to grant a deed with a personal obligation for payment is not valid in all cases, Bell on Arbitration, 98. Further, a married woman, who carries on business in the absence |