APPRENTICE, (French, apprentrf, from apprendre, to learn), signifies one w ho engages to serve a master for a limited period, with the view of obtaining the in struction requisite to qualify him for the exercise of some profession, art, or trade. See note on Apprentise ship.
Minors voluntarily binding themselves apprentices, and continuing to serve during the statutory period, shall have the benefit of their trades ; but no action lies against them personally, at the suit of their masters, upon such a contract or covenant, for breach of inden tures, Sec., (Cro. Car. 179.) excepting in the case of parish apprentices, whose indentures are made obliga tory by statute ; (Ibid. 5 Eliz. c. 4 ; 43 Eliz. c. 2.) For this reason, the responsibility is usually undertaken by the father, guardian, or some of the kinsmen or friends of the apprentice. The same rule obtains in the law of Scotland ; where, however, a minor past pupillarity, and having no curators, may effectually hind himself by indenture ; (Ersk. Inst. b. i. t. vii. § 62.) By the custom of London, too, a minor unmarried, and above the age of 14, may bind himself apprentice to a freeman of London, by indenture, with proper covenants ; which covenants shall be as binding as if he were of full age.. By stat. 5 Eliz. e. 4. § 35, any householder using half a plough land, at least, in tillage, may compel persons to become apprentices in husbandry. But no persons shall be compelled to enter into any apprenticeship, but such as are under the age of 21 years. (Ibid. § 36.) Every householder engaged in trade, husbandmen, nay, even gentlemen, clergymen, and others, are entitled to take apprentices ; § 25, 26, &c.) also every owner of a ship or vessel ; (Ibid. e. 5. § 12.) Church wardens and overseers are impowered, with the consent of two justices of peace, to bind any children, whose parents they shall adjudge unable to maintain them, to be apprentices where they shall see convenient, until the age of 21, (43 Eliz. c. 2. § 5.; 18 Geo. III. c. 47.) ; and the person to whom such poor apprentice is appoin ted to be bound, shall receive and provide for him, un der a penalty of 10/. ; (stat. 8. and 9. W. III. e. 30. § 5.) And it is held, that gentlemen of fortune and elegy men, are equally liable with others to such compulsion. (Salk. 57. 491.) Apprentices must be hound by deed indented, (I Salk. 68 ; 5 Eliz. c. 4. § 25.) ; and the apprentice must be re tained as such expressly, otherwise he is no apprentice, although he be bound. Indentures must be enrolled in all towns corporate, (5 Eliz. c. 5. ; 5 Geo. II. c. 46.) ; and in London, by the custom, in the chamberlain's office. In London, if the indentures be not enrolled before the chamberlain within a year, a scire facia& shall issue to the master, upon a petition to the mayor and aldermen, Sec. to show cause why it was not enrolled ; and if it was by the master's default, the apprentice may sue out his in dentures and be discharged ; and the contrary, if through the fault of the apprentice. All indentures, covenants, promises, and bargains, for having or taking apprentices, otherwise than by Stat. 5 Eliz., are declared to be void ;
and every person taking an apprentice contrary to the act, shall ibrieit 101. The indentures must be written on stamped paper or parchment ; and certain duties arc pay able by statute, out of every sum given with an appren tice. The indentures, if within the weekly bills of mor tality, must be stamped, and the duties paid within a month after the date ; if without the bills, within two, three, or six months, according to circumstances. And if the master shall neglect to pay the duties within the time limited, he shall forfeit 501.; (9 An. c. 21.) By stat. 18 Gco. II. c. 22., this neglect subjects the master to a forfeiture of double duties, besides all other penal ties. But by 20 Geo. II. c. 45, if any master, having forteited the double duty, shall pay the same, and tender the indenture to be stamped, within two years after the determination of the apprenticeship, and before suit hath been commenced for the penalties, the indenture shall be valid, and the penalties discharged. The duties on stam ped paper, which were formerly the subject of "num erous, intricate, and complicate enactments," arc now contained in one statute, 44 Geo. III. c. 98. § 8. The stamp duty on the indentures varies (from 14 shillings to 19 guineas), as the premium is more or less, accord ing to a table to be seen in the yearly almanacks. Be sides, for every apprentice, where the premium is above 201., the master pays 11. Is. per annum, under the 43 Geo. III. c. 161 ; and for two or more, 21. 2s. each ; Hutcheson's Justice of Peace voi. ii. p. 167, note b.) By 5 Eliz. c. 4. 9 S3, every cloth-maker, fuller, sheer man, weaver, taylor, or shoemaker, having three appren tices, shall keep one journeyman ; and for every other apprentice, above the number of three, one other jour neyman, under a penalty of 101. No hat-maker shall have above two apprentices at one time, under a penalty of 51. a-month ; (1 J. c. 17. 4 3. 5.) Weavers of stuffs, in Norfolk and Norwich, shall not keep above two appren tices ; and he who employs two apprentices must also employ two journeymen ; (13 and 14 C. c. 5.) There are certain reciprocal duties and obligations between master and apprentice. On the one hand, the apprentice is entitled to maintenance from his master, if so stipulated by the indenture, and to the requisite in struction in the art and mystery of his profession or trade, which is the great object of his entering into in dentures. The master, on the other hand, is entitled to the faithful service of the apprentice, and to the profit and emoluments of his labour, during the gibsistence of the indenture. He may use moderate chastisement in case of misbehaviour on the part of the apprentice ; but •a not entitled wantonly to maltreat or use him harshly. The master or apprentice may obtain redress of any wrong, by 5 Eliz. c. 4, upon application to the justices of the county, or to the mayor or head officer of a city or town corporate.