APPRENTICES.—An apprentice is a person bound by contract to serve another person in some trade, business, or profession, the latter person being also bound to instruct him in the mysteries of such trade, business, or profession. Any such latter person who is sui juris may take ; and any person, whether an infant, unless under seven, or of age, may be bound as an apprentice. The relation of master and apprentice can only be created by formal instrument, usually by an indenture. A form of indenture is appended hereto, which can be modified to meet the circumstances of most cases. The stamp duty on an indenture of apprenticeship is 2s. 6d., whether a premium is paid or not. In dentures of parish and marine apprentices are exempt from stamp duty. The instruments of apprenticeship must contain the full consideration fully set out, otherwise they are null and void. A father has no authority to bind out his infant child, the child himself being a necessary party to the indenture. The duties of a master to his apprentice depend to a large extent upon the covenants contained in the indenture, but he is bound in every case to instruct or afford instruction to the apprentice in the trade or business in which the apprentice is bound to him. If the apprentice is placed with a master to learn his busi ness, and that business consists of two or more trades, he is entitled to receive instruction in all of them ; and if the master gives up any one of those trades, the apprentice may cease from serving the master, and the latter will be liable on his covenant. To an infant apprentice the master stands in loco parentis, and should have a care to his moral training, health, and safety ; and in the absence of agreement to the contrary, the master must furnish him with clothes, food, and lodging, if the apprentice lives with him, and with necessary medical aid.
A master can correct and punish an infant apprentice for misconduct, and even chastise him ; but this latter is a right that cannot be delegated, and should not at the present day be asserted. Truant and refractory apprentices where there is no premium, or where the premium does not exceed
reasonably incidental to the contract, e.g. one not to carry on business within a certain area after cessation of apprenticeship, may be enforced against him personally (Gadd v. Thompson). The apprenticeship may be dissolved and I. Short form of Indenture, the master, apprentice, and surety being parties.
This Indenture, made the day of one thousand nine hundred and Between A. B. of &c. (hereinafter called " the apprentice ") of the first part, C. D. of &c. this party will be the father, guardian, or surety, as the case may be] (hereinafter called " the surety ") of the second part, and E. F. of &c. (herein after called "the master") of the third part : Witnesseth that the apprentice of his own free will, by and with the consent of the surety, whose consent is acknow ledged by his execution hereof, hereby binds himself to the master to ser .re him as an apprentice for the term of years from the date hereof to learn the art, trade, or business of a grocer and provision merchant [or otherwise as the case may be], during which term the apprentice shall well and truly servo his master, keep his secrets, and willingly obey his lawful commands ; shall do no damage to his master, and at once give notice of any damage which he sees or knows has been done or permitted to be done by others ; shall not waste his master's goods nor unlawfully lend them or do any other act whereby his master may incur injury during the said term ; shall not buy or sell or absent himself during business hours without his master's leave, but shall behave himself in all things as a faith ful apprentice to his master and all those having authority over him. And in consideration whereof, and of the sum or premium of £ now paid by the surety to the master (the receipt whereof is hereby acknowledged), the master shall take and receive the apprentice during the said term and to the best of his power, knowledge, and ability teach and instruct, or cause to be taught and instructed, the apprentice in all branches of his art, trade, and business as aforesaid, and in all things incident or relating thereto, in such manlier as the master Both now or hereafter shall use or practice the same [if the apprentice is an indoor apprentice proceed G.3 follows to the asterisk *], finding unto the apprentice good and sufficient meat, drink, lodging, medicines, and medical and surgical attendance during the said term. And paying to the apprentice the sum of per week [or per annum, as the case may bel during the first year of the said term, such sum to be increased by an additional sum of for and during each succeeding year