In the performance of the contract, a reasonable and equitable view is taken of the relative position of the parties. The master is not bound to the literal and uniform instruction of the A. by himself personally, hut under his own superintendence, and by his own directions, he may avail himself of the assistance of journeymen, or other persons serving in his place of business, and even of other apprentices—the object of the agreement being that the A. shall have the full benefit of all the master's arrangements in practicing his art, craft, or trade. The A., on the other hand, although in the position of a servant to some extent, is not bound to serve as such, hut may rather be said to be placed under the parental control of the master; and perhaps the master may correct the A.'s faults and disobedience by moderate. chastisement, if the A. is still under age; nor can he discharge the A. To that end, the master, under an mirepealed enactment of the 5 Eliz. c. 4, must complain to the jnstices, who decide whether the A. has merited his dismissal or not; the A., however, having a corresponding privilege in the case of his complaint against his master. But, by the Scotch law, a master can dismiss his A. in the case of his proving " incorrigible." By the custom of the city of London, a freeman may tarn away his A. for gaining.
It was decided by the house of lords, on an appeal from Scotland in 1837, and reversing the decision of the court of session, that a barber's A., whose indentures bound him – not to absent himself from his master's business, holiday or week-day, late hours or early, without leave first asked..aud obtained," could not be lawfully required to attend his master's shop on Sunday mornings for the purpose of shaving customers, because such employment was a violation of the old Scotch statutes still in operation, and which were enacted for enforcing the observance of the Sunday, particularly one passed in 1559, by which it is provided "that na handy lauboring or wirking be used on the Sonday." The lord chancellor (lord Cottenham) observed in his judgment that the
English law on this subject was very similar, referring in particular to the 29 Charles II. c. 7, by which it is enacted " that uo tradesman. artificer, workman, laborer, or other person whatsoever shall do or exercise any worldly labor, business, or work, of their ordinary callings, upon the Lord's day, or any part thereof, works of necessity and charity only excepted." An A.'s indenture is determinable by the consent of all the parties to it; and also by the death of the master. But the executor of the latter may bind the A. to another master if the contract so provide; and he.must also discharge any covenant or agreement for the A.'s maintenance, so far as he has assets. By the custom of London, if the master of an A. die, the service must be continued with the widow, if she continue to carry on the trade. In other cases, it is incumbent on the executor to put the A. to another master of the same trade. The bankruptcy of the master operates as a discharge of the indenture of the A., who, if he has paid an A. fee to the bankrupt, is entitled to be paid by the court a reasonable sum out of the estate.
By the mutiny act, apprentices enlisting in the army, and concealing their appren ticeship when brought before a magistrate to be attested, may be indicted for obtaining money under false pretenses; and if, after the expiration of their apprenticeship, they do not surrender to a recruiting officer, they may be apprehended as deserters.
There is some curious historical matter on this subject, relating for the most part to a state of the law now obsolete or repealed, for which see Knight's Politiea2 Dictionary, under this head.