marries, it is usual to make a new appointment, as she is no longer her own mistress, having to obey her husband. So also when a guardian is made a bankrupt, or becomes insolvent, he may be removed from his trust.

A stranger who bequeaths property to infants in the lifetime of their parents cannot appoint a guardian for them in respect of it, unless the latter consent to waive their parental rights.

But when a benefit is given to the parent on condition of his resigning the management of his children, he will not be permitted to receive the gift without complying with the terms under which it was given; and should he once give permission for his children to be maintained and educated by another, he cannot afterwards revoke it and demand their restoration.

Great attention is always paid by our law to the wishes of a deceased father with regard to the religious instruction that he wishes his children to receive; and their mother, or guardians, will be obliged to bring them up in the persuasion that he has held; but if he authorizes their education in the tenets of a creed other than his own, he cannot retract, for by doing so the mind of his offspring would be rendered unsettled, and their future happiness might be greatly endangered. Such are the ordinary rules which regulate the relationship of guardian and ward; but it is one which ought never to be undertaken without serious consideration of the heavy responsibilities which attach to it. The guardian has no beneficial interest in the property of his ward: he is under no circumstances justified in speculating with it, or applying it otherwise than in conformity with the terms of the instrument, or the order of the court, that empowers him. Should he do so, he and his representatives must account to the last penny for all the profits, and make good all the losses that may have arisen. The sanction of the ward is no excuse for a deviation from the strict discharge of this duty. In fact, the ward has no power whatever to interfere, and may call upon the guardian to refund a sum improperly expended upon his own most urgent solicitation. It is always

prudent, therefore, for guardians to obtain the sanction. of the Court of Chancery where any extraordinary expenditure has to be made, and under some circumstances to pay the annual income of their ward's estate into court. They should also prepare and submit their accounts as soon as possible after their wards have attained their majority, as every day's delay increases any difficulty that may arise. Moreover, life is uncertain, and the executors of the most honest guardian may find themselves unable to show that he has faithfully discharged his trust; although, if alive, he would have had no difficulty in so doing.

I will now consider what acts infants may or may not legally do. They cannot dispose of their lands, nor execute a deed that may not be set aside upon their coming to years of discretion, should its provisions turn out not to be beneficial for them. They cannot enter into any contract save one of apprenticeship; or for providing themselves with necessary meat, drink, apparel, physic, or education, whereby they may profit upon coming of age. They cannot make a will disposing of their property; but such as become fathers may by deed or will appoint a guardian to their children. If an infant have an advowson, that is, the right to present a clergyman to a benefice, he may appoint, because the bishop has the right of rejecting the nominee if he be unfit; and it would be of public inconvenience to allow the Church to remain unserved.

I have said that infants are responsible for their own unlawful acts; they are also frequently necessary parties to legal proceedings. When they are sued in a court of law or equity they appear to defend by their guardians, who, like parents, have to defend them against all attacks; but when they sue, they are represented either by their guardian or prochain ami (next friend), who may be any person who will undertake their cause, and is approved of by the court, because, very frequently an infant has to take proceedings against his guardian.

An infant of fourteen years old may be adjudged to suffer death for murder: between that age and seven he

may not be executed, unless it be shown that he was conscious of the wickedness of his act. For lesser offences children of any age may be punished, provided that it appear they knew they were doing wrong-the maxim of the law being malitia supplet ætatem-malice supplies age. At twelve years of age a boy may take the oath of allegiance to the Sovereign; at fourteen he may consent or disagree to marriage; at seventeen he may be appointed an executor; and at twenty-one, is master of himself and of his property.

A girl of seven years of age may be married; at seventeen she may be appointed an executrix; and at twentyone, is of full age. Full age is completed on the day preceding the twenty-first anniversary of a person's birth.

Testators and others may give property which is not to be enjoyed until the objects of their bounty attain a specified age beyond twenty-one years; but that is the age at which, according to our law, men and women begin to exercise full rights of ownership, and are permitted to make binding contracts of all legal descriptions.

As soon as infants come of age, the damages previously recovered from them in an action or suit, may be levied upon their goods, or their persons may be imprisoned in default of payment. But infants, as such, cannot be sued for debt, because they are not of capacity to contract it. It will be seen in the chapter upon DEBTOR AND CREDITOR for what articles supplied to them during their minority they may be obliged to pay, upon coming of age.

In conclusion, I may state here-although the subject will be more fully considered in another place-that when the law forbids that legal proceedings shall be taken, unless they are commenced within a stated time from the accrual of the cause of complaint, this time does not begin to run as against infants until they cease to be such by attaining the age of twenty-one.

MASTER AND APPRENTICE.

THE term "apprentice " is derived from the French word apprendre, to learn; and a contract to teach or instruct on the one side, and to serve and learn upon the other, is a contract of apprenticeship.

Formerly, the binding of an apprentice was required to be by indenture, but now it may be done by an agreement in writing, duly stamped. There is no arbitrary form for such an instrument, nor is it absolutely necessary that the words "teach" or "learn" should be used in it. Any terms which convey the meaning that the one party is to instruct, and the other to serve, may be employed. Thus an agreement to take and maintain a person "after the manner of an apprentice," was held to constitute an apprenticeship; but if there be no obli gation upon the master to teach, and an action for neglecting to do so will not lie against him, the contract is not one of apprenticeship, although the other party to it bind himself to serve, and to learn-but one of hiring and service. To give an apprentice a settlement as such under the Poor Laws, he must have been bound by deed.

Any natural-born person may take an apprentice, but aliens and denizens cannot. A married woman is incapable of contracting, unless as the agent of her husband. She, therefore, is not permitted to take an apprentice without his sanction.

Generally speaking, not more than two apprentices may be bound to the same person.

Contracts of apprenticeship are invariably made by deed, in which the true sum to be paid to the master as premium, or consideration for his entering into the

agreement, must be stated; for the stamp-duty is proportioned to its amount, and is as follows:

The stamp is paid for by the apprentice or his friends. The parties to an indenture of apprenticeship are usually the proposed master, the person to be bound and his father or some other relative or friend. Their mutual liabilities and rights are governed in each case by the terms and provisions of the deed. The apprentice, or some one on his behalf, usually covenants that he will serve his master faithfully during his apprenticeship; that he will not betray his secrets-such as the receipts of a confectioner, &c.; that he will obey his lawful commands, protect his property; that he will not marry or absent himself during his term of service; that he will not play at cards, dice, or other unlawful games; and generally, that he will conduct himself with sobriety, and avoid vicious courses. The parent, or other party, sometimes agrees to indemnify the master from any loss he may sustain through the breach of any of these promises by the apprentice; and the master contracts to instruct him according to the best of his skill and knowledge. He reserves the right to assign his apprentice, and usually agrees to return a portion of the premium in case of his own death occurring before the expiration of the indentures.

If the apprentice absent himself, or neglect his duty, or commit any other breach of the stipulations agreed to be performed by him, the master may bring an action against the person who by the indentures has agreed for the proper performance of such stipulations. The apprentice is generally under age, so that he cannot proceed against him; but by a special custom of the city of