for which an additional duty is to be paid, the master being by law entitled to the whole of the apprentice's earnings. (c) If the contract is not stamped within the time prescribed by the statute of Anne, it is absolutely void, (d) unless the apprentice is a poor person apprenticed at the expense of the parish or some public charity (post, 752.)

To make a valid apprenticeship conferring a settlement under the poor laws, the binding must be by a deed executed by the apprentice himself. A covenant on the part of his parents and guardians, that he shall serve for the term specified, and an actual service under the indenture, will not suffice to gain him a settlement as an apprentice unless the contract is executed by him.(e)

An indenture of apprenticeship is sufficiently executed by the apprentice desiring a bystander to write his name opposite the seal, and by his then taking the deed and delivering it to his master. (ƒ)

LIABILITIES of the PARTIES to the CONTRACT of APPRENTICESHIP.

Liabilities of the APPRENTICE and other PARTIES to the INDENTURES. As the contract of apprenticeship is invariably created by deed the liabilities resulting therefrom will depend upon the terms and covenants of the particular contract. The apprentice, and some one or more of his relations or friends, usually covenant that he shall faithfully serve the master during the term of the apprenticeship, keep his secrets, obey his lawful commands, and preserve and protect his property; that he shall neither contract matrimony nor commit fornication, nor play at cards, dice, or any other unlawful games; nor buy or sell for his own gain and profit; nor frequent taverns or play houses; nor absent himself from his master's service; and generally that he shall behave himself in all things as a faithful apprentice. Provision is also usually made for the assignment of the apprentice, and a return of a portion of the premium in case of the death of the master.

An infant above the age of fourteen, and unmarried, is by the custom of London responsible upon covenants contained in indentures of apprenticeship executed by him just the same as if he were of full age. (g) But he is by the common law, where the apprenticeship is not within the city of London, exempt from liability thereon, ex contractu, by reason of

(c) Rex v. Wantage, 1 East, 602.

(d) Rex v. Church Hulme, 5 B. & Ad. 1029. (e) 3 W. & M. c. 11, s. 8; 31 Geo. 2. c. 11, 8. 1. Rex v. Ditchingham, 4 T. R. 770. Rex v. Arnesby, 3 B. & Ald. 584.

(f) Rex v. Longnor, 4 B. & Ad. 649; 1 N. & M. 576, s. c.

(g) 2 Ro. 305; Palm. 361; Moore, 134; 2 Bulstr. 192; 2 Keb. 687.

his minority, (post ch. 26). Therefore it is that his friends ordinarily become bound for his faithful service and good conduct during the period of the apprenticeship.(h) The parties who covenant for the continued service and good conduct of an infant apprentice, are not responsible upon their covenants for trifling and pardonable instances of misconduct, such as staying out on Sunday evenings half an hour beyond the time allowed, (i) or for temporary absence and disobedience of orders unattended by substantial injury to the master. But for all gross misconduct and repeated or lengthened absence, producing substantial injury to the master, they will be held responsible, and if an infant apprentice who has executed indentures of apprenticeship, avoids the contract on his coming of age, and refuses to continue in the service of the master, they are bound to make good whatever damage is sustained by the latter by reason of such repudiation of the contract.(k)

Liability of the MASTER.-The master usually covenants in the indentures of apprenticeship to take the apprentice into his service and teach him the art or trade he himself exercises or carries on; to find him in meat, drink, and lodging, and sometimes with wearing apparel, washing, and all other necessaries during the term. The sickness of the apprentice, or his incapacity to serve and to learn by reason of ill health, or an accident, does not discharge the master from his covenant to provide for him and to maintain him, inasmuch as the latter takes him for better or for worse, and must minister to his necessities in sickness as well as in health.(1) The same amount of misconduct which in the case of a contract of hiring and service would authorize the master to dissolve the contract, and discharge the servant, will not release him from hability upon his covenant in an indenture of apprenticeship.(m) But if the apprentice is guilty of such an amount of misconduct as renders it impracticable for the master to maintain, employ, and teach him according to the terms of the indentures, the master cannot be sued for neglecting to perform his covenants in that behalf, inasmuch as the capability of the apprentice to be instructed, maintained, and provided for, by the master is naturally a condition precedent (ante, ch. VI.) to the liability of the latter upon such covenants.(n) If the apprentice deserts the master's service and enlists in the army, or contracts another relation which disables him from lawfully returning to his master, the latter is not bound to receive him

(h) Cro. Car. 179; Cro. Jac. 194. Cuming v. Hill, 3 B. & Ald. 59.

(i) Wright v. Gihon, 3 C. & P. 583. (k) Cuming v. Hill, 3 B. & Ald. 59. (1) Rex v. Hales Owen, 1 Str. 99.

Reg. v.

Smith, 8 C. & P. 153.

(m) Winston v. Linn, 2 D. & R. 475; 1 B. & C. 460. Wise v. Wilson, 1 C. & K. 669. (n) Mercer v. Whall, 5 Ad. & E. N. s. 447— 466. 14 Law, J., N. s. (Q. B.) 267.

back and instruct him if he returns. ;(o) and "by the custom of London it is a sufficient cause for a master to turn away his apprentice if he frequents gaming houses," although gaming may not be expressly prohibited by the indentures.(p)

If the fulfilment of the contract has not been prevented by the wrongful act of the master, the latter is not bound to refund any portion of the premium he has received. (q)

Payment of wages.-By 4 Geo. 4, c. 34, s. 2, a summary method of recovering wages due to apprentices is provided through the medium of an order of justices, provided the wages sought to be recovered do not exceed £10 in amount.

Dissolution of the contract.—The indentures of apprenticeship of an infant apprentice may be avoided by the infant on his coming of age, and the master must trust for the continuance of the service thereunder to the covenants of those who engage for the infant. (r) The contract may also be dissolved by cancelling the indentures, or by giving them up with the consent of all parties animo cancellandi; (s)—likewise by the death of the master or of the apprentice(t)—by the bankruptcy or insolvency of the master (u); by an award of justices, or by the decree of the court of Queen's Bench.

Discharge by award of justices.-The apprentice may be discharged from his apprenticeship, and the contract determined, in case of misconduct, either on the part of the master or the apprentice, by an award of justices at quarter sessions for the counties, if the master resides in a county, or of a mayor or other head officer of a borough, with the assent of three other of his brethren, or men of best reputation therein, if the master resides within a borough. (x) The award must be founded on evidence given on oath; must be under the hands and seals of four justices; or of a mayor, and "three of his brethren, or men of best reputation;" must set forth the cause of the discharge, and be enrolled by the clerk of the peace, or town clerk, amongst the records of his office. (y)

The statutes 20 Geo. 2, c. 19, 4 Geo. 4, c. 29, 5 Vict. c. 7, further enact, that where no premium, or not more than £25 premium, has been paid with the

(0) Hughes v. Humphreys, 9 D. & R. 721, 6 B. & C. 680, s. c.

(p) Per Cur. Woodroffe v. Farnham, 2 Vern. 290.

(g) Cuff v. Brown, 5 Pr. 297.

(r) Ex parte Davis, 5 T. R. 715. Ex parte Gill, 7 East, 376.

(s) Cald, 126; 3 T. R. 605; 6 East, 89; 3 M. & S. 460; 3 B. & C. 484; 5 D. & R. 339, s. c. (t) 1 Salk. 68; 2 Str. 1266; Sid. 216; 1 Lev.

177; 32 Geo. 3, c. 57; 5 Vict. c. 7.

(u) 6 Geo. 4, c. 16, s. 49.

(x) 5 Eliz. c. 4, s. 35, Hawkesworth and Hillary's case, 1 Wms. Saund. 313-316; 4 M. & W. 664; Skin. 108. As to the mode of proceeding, see Burn's Justice, APPRENTICES, s. 9.

(y) Carth. 198; 6 Mod. 182; 2 Raym. 1117, 1410; 1 Str. 663, 143; 1 Salk. 68; Skin. 98; 2 Str. 704, 1113.

C C C

apprentice, it shall be lawful for two justices, upon any complaint by an apprentice of misusage, refusal of necessary provision, cruelty or ill treatment by the master or mistress, to summon the latter before them, examine into the complaint, and upon proof thereof made upon oath, (2) to discharge such apprentice, by warrant or certificate under their hands and seals, and order all, or any portion of the premium paid with such apprentice, to be refunded. They may also discharge the apprentice, on like complaint by the master or mistress of the misbehaviour of the apprentice, and proof of such misbehaviour on oath. (a)

Of the binding of apprentices by parish officers, or by the trustees of public charities.-By stat. 43 Eliz. c. 2, the churchwardens and overseers of parishes are empowered, with the assent of two justices of the peace, to bind pauper children (who have attained the age of nine years, (56 Geo. 3, c. 139, s. 7) to be apprentices, until such children, if males, shall come to the age of 21 years, (18 Geo. 3, c. 47,) or if females, shall come to the same age, or be married. (b) And by 56 Geo. 3, c. 139, s. 11, reciting that the premium given on the apprenticeship of poor children, or a part thereof, is oftentimes clandestinely provided by parish officers, who are thus enabled to bind out such poor children without the sanction of justices of the peace, it is enacted, "that no indenture of apprenticeship, by reason of which any expense whatever shall be incurred by the public parochial funds, (c) shall be valid and effectual, unless approved of by two justices of the peace under their hands and seals." (d)

The providing a poor person with a suit of clothes out of the parochial funds, in order to fit him for his situation, is not an expense incurred by such funds within the meaning of 55 Geo. 3, c. 139, s. 11, so as to require the indenture and binding to be approved of by two justices in the mode thereby provided. (e) But if the master, before the execution of the indenture, requires clothes for the intended apprentice, and the parish officers give money out of the parochial funds to the latter, or to his parents and relations, to buy clothes, this is an expense incurred by the public parochial fund, within the statute 56 Geo. 3, c. 139, and the inden ture is consequently void, if unapproved of by two justices. (f) But the statute applies only to poor children, and therefore where an adult of the

(2) In re Gray, 2 D. & L. 539.

(a) 1 Burn's Justice, 207. Finley v. Jowle, 12 East, 248.

(b) Rex v. St. George Exeter, 3 Ad. & E. 37; 4 and 5 Wm. 4, c. 56. 1 Burn's Justice, 224-262. Ed. 1845.

(c) 1 B. & Ad. 916; 8 B. & C. 70 3 M. &

R. 386; 7 B. & C. 563; 1 M. & R. 458.

(d) 5 B. & Ad. 169; 2 N. & M. 86; 10 B. & C. 12; 1 M. & R. 458; 7 B. & C. 563. (e) Rex v. Quainton, 1 Ad. & E. 133; 3 N. & M. 289, s. c.

(f) Rex v. Mattishall, 8 B. & C. 735; 3 M. & R. 386, s c.

age of 24 was bound apprentice, part of the premium being paid out of the parochial funds, it was held that the indenture did not require the assent of two justices. (g)

All indentures and instruments for placing out poor children apprentices at the sole charge of any parish or township, or of any public charity, are exempt from all stamp duties, and so are indentures of apprenticeship in the sea service. (h) The premium therefore given by parish officers or trustees of public charities, upon the binding of a pauper apprentice, need not be set out in the indenture in words at length, the insertion of the premium being required only to ascertain the amount of the duty. (i) But if anything is given or agreed to be done by the relations or friends of the poor apprentice, in addition to the sums paid by the parish or the trustees of the charity, as an inducement to the master to take the apprentice, it must be set out on the face of the contract, and the proper stamp affixed, or the contract will be void. (k) Money given by the relations and friends for the purpose of procuring clothing for the boy, in order to fit him for his situation, is not such a consideration as the statute requires to be set out in the contract. (7)

SECTION III.

LETTING AND HIRING OF WORK BY THE GREAT OR TASKWORK.

A contract for the letting out and hiring of work by the great, or as it is more commonly called job or taskwork, is a contract for the doing of work in the lump or the job, for a stipulated or implied remuneration, such as a contract to build a house, or dig a well, or make a canal, or to construct a ship, or a carriage, out of materials furnished by the employer; (a) or to sell goods for a commission on the sale.

(g) Rex v. St. John Bedwardine, 5 B. & Ad. 169; 2 N. & M. 86, s. c. Rex v. Arundel, 5 M. & S. 257.

(h) 55 Geo. 3, c. 184; 5 & 6 Wm. 4, c. 19, s. 35; Burr. 574, 697; 3 B. & Ald. 382.

(i) Rex v. Oadby, 1 B. & Ald 477. (k) Rex v. Baildon, 3 B. & Ad. 427. Rex v. Aylesbury, 3 B. & Ad. 569.

(1) Rex v. North Oram, 2 Str. 1132; Burr. 642. Rex v. Leighton, 4 T. R. 732. Rex v.

Walton, 3 T. R. 515. Rex v. Portsea, Lurr. 884.

(a) Le contrat de louage d'ouvrage est un contrat par lequel l'une des parties contractantes donne un certain ouvrage à faire a l'autre, qui s'oblige envers elle de le faire pour le prix convenu entre elles. La partie, qui donne à l'autre l'ouvrage a faire, s'appelle le locateur: celle qui se charge de le faire s'appelle le conducteur. Poth. Louage, No. 392.

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