THE INDENTURE. It is desirable that apprenticeships should be carried out by deed entered into by the proposed master, the apprentice, the parent of the apprentice or some one in loco parentis, and, if the apprenticeship is carried through by a committee, the chairman or some other officer of the committee should be also made a party. A regular apprenticeship enforceable at law must be evidenced by writing, but not necessarily by deed (a). It is, however, desirable that an apprenticeship should be effected by a formal deed inter partes. The form of indenture used by most of the committees affiliated to the Apprenticeship and Skilled Employment Association, a copy of which is to be found in Appendix I., is the outcome of the experience of very many years, and its provisions will be found to meet nearly every practical question that may arise. Parties. The usual parties to an indenture of apprenticeship are (1) The apprentice; (2) The parent, guardian, or surety; (3) The master; and, in the case of an apprenticeship by a committee or charity, (4) The chairman, or some other officer of such committee or charity. (1) The apprentice is a necessary party, and the apprenticeship deed is not valid unless executed by the apprentice (b). (2) Although an infant apprentice is competent to bind himself as an apprentice, yet he cannot be sued on his covenants, and therefore it is usual for the parent, surety, or guardian to join in the (a) Kirkby v. Taylor, (1910) 1 K. B. D.; 79 L. J. K. B. 267; W. N. (1910), p. 37. (b) R. v. Cromford, 8 East, 25; R. v. Arnesby, 3 B. & Ald. 584 ; Smedley v. Godden, 3 M. & S. 189; R. v. Ripon, 9 E. 295. contract, and for the latter to covenant for the apprentice's service and conduct; the parent, surety or guardian is then liable in damages to the master for breach of any covenant by the apprentice. (3) The master must be a party to the indenture, so that he may be made liable on his covenants (c), and he must execute it in order to entitle him to sue on the covenants by the parent or apprentice (d). (4) It is desirable that an officer of the committee carrying through the apprenticeship should be made a party to the indenture, as in such a case the premium is sometimes provided by the institution, and the reservation to such officer of the powers of an arbitrator in case of serious disputes tends to lessen friction between master and apprentice. The names, addresses and descriptions of all the parties should be fully set out. If the apprentice has no father, his mother or some other responsible person should be made a party in place of the father. Where the apprenticeship is to a firm, it is desirable that the individual members of the firm should be made parties, and that they should all execute the indentures. The signatures of the various parties should be affixed in the presence of a witness not a party to the indenture. Any person can be a witness, even an infant. Where the apprenticeship is to a limited company, the indentures should be sealed by the company, and the sealing should be in accordance with the provisions of the articles of association of the company. Persons of any age, subject to the provisions of any special statute, may be bound as apprentices, except chil (c) Burleigh v. Stubbs, 5 T. R. 465. (d) Millership v. Brookes, 29 L. J. Ex. 369. dren under seven years of age (e). The binding must be with the consent of the apprentice (ƒ). Premium. The payment of a premium is not an essential part of an apprenticeship contract. If, however, a premium is paid, or other consideration given for the benefit of the master, the consideration must be fully set out in the indenture, as otherwise the indenture will be void and of no effect (g). Under the provisions of the Stamp Act, 1870, the consideration (the full sum of money and the value of any other matter or thing) given must be fully and truly set forth in an instrument of apprenticeship, and if any consideration is given, and no indenture executed, or if an indenture is executed, and the consideration not set forth, the master and the apprentice, if an adult, and any other person party to the contract or by whom the consideration may be given, shall forfeit the sum of 201., and the contract shall be null and void (h). Term. The term of an apprenticeship should not exceed seven years, and an indenture for a longer period becomes void at the expiration of that time. Trade. The name of the trade should be carefully expressed. If the master carries on two trades, and neither is expressed, the apprentice must serve at both if required, and he will be entitled to receive instruction in both; (e) R. v. Saitern, 1 Bott, 613. (f) R. v. Arnesby, 3 B. & Ald. 584. (g) Stamp Act, 1870, s. 40 (33 & 34 Vict. c. 47). (h) R. v. Baildon, 3 B. & Ad. 427; R. v. Amersham, 4 A. & E. 508. if, on the other hand, only one of the trades is mentioned in the indenture, the apprentice will not be compelled to work at the other (i). Covenants. The covenants in an indenture of apprenticeship are mutual, and independent, and the performance of the covenants by one of the parties is not a condition precedent to the performance of the covenants by the other party (k). The provisions of the indenture, however, must, if the apprentice is a minor, be equitable and for his benefit, otherwise the indenture cannot be enforced as against the apprentice (1). Stamping. All indentures of apprenticeship, except as hereinafter mentioned, must be stamped (m) with an impressed stamp of the value of 2s. 6d., whether a premium is paid or not (n). The stamp can be impressed at the Inland Revenue Office, Somerset House, and at some of the other Inland Revenue Offices. The stamp must be impressed either before the execution of the deed or within thirty days from the date of the first execution. After this the document can only be stamped on payment of a penalty not exceeding 101. If a reasonable excuse can be furnished for the delay in stamping, the full penalty is not as a rule enforced, but some penalty is invariably required. The want of a stamp renders the indenture (i) Ellen v. Topp, 6 Ex. 424. (k) Winstone v. Linn, 1 B. & C. 460; Hughes v. Humphreys, 6 B. & C. 680. (1) Leslie v. Fitzpatrick, 3 Q. B. D. 229; Meakin v. Morris, 12 Q. B. D. 352; Green v. Thompson, (1899) 2 Q. B. 1; Corn v. Matthews, (1893) 1 Q. B. 310; De Francesco v. Barnum, 43 Ch. D. 165. (m) Jackson v. Warwick, 7 T. R. 121. (") Stamp Act, 1870, s. 19. of no effect, and until stamped the indenture cannot be used in evidence. Exemption from Stamping. The following indentures of apprenticeship are exempt from duty (0):— (a) Indentures of apprenticeship to the sea service. (b) Instrument of apprenticeship relating to any poor child apprenticed by or at the sole charge of any parish or township or by or at the sole charge of any public charity or pursuant to any Act for the regulation of parish apprentices. (c) Instrument of apprenticeship in Ireland where premium does not exceed 107. An assignment of an indenture of apprenticeship should be stamped (2s. 6d.) as an original instrument, and so also should any deed varying the terms of the indentures. If desired, indentures of apprenticeship which are exempt from duty can be so marked by the Inland Revenue authorities on application. The indenture and a copy or abstract should be left at the Inland Revenue Office at Somerset House for this purpose. This marking, however, is not essential. Where the premium is paid by a charity, and the apprenticeship is at the sole charge of the charity, no stamp duty is payable, but where the premium is advanced by the charity as a loan, and the parent or apprentice agrees to repay it, the indenture is not exempt from duty, and should accordingly be stamped. Subject to any agreement to the contrary it is the duty of the master to stamp the indenture (p). In practice it will be found convenient for the committee to actually see to the stamping, and ask the master to pay the duty (2s. 6d.) on completing the indenture. (0) Stamp Act, 1870, schedule. |