The contract of apprenticeship is personal to the mu tually contracting parties ; and, therefore, the law holds in general, that indentures are not assignable. Never theless, such assignments have been held to be valid, in consideration of the custom of the place. Thus, by the custom of London, an apprentice may be turned over to another master exercising the same trade. (Dalt. c. 58. Assignments to the sea service are valid by statute.
Apprenticeships may determine : 1st, By the death of one of the parties : 2dly, By their misconduct : Sdly, By the expiration of the period specified by statute, or by the terms of the indenture.
1. From the nature of the contract of apprenticeship, it might be presumed, that it should determine upon the death of the master. But in this case it has been found. thatthe apprentice must still be maintained by the exe cutor or administrator, if there be assets ; and they may bind him to another master for the remainder of his time.
2. By the stat. Gco. IT. c. 19., any two justices arc empowered, upon complaint of any apprentice put out by the parish, or with whom no mom c than 51. was given, of any misusage, refusal of necessary provision, cruelty, or other ill treatment by his master, to summon the 'was ter to appear before them ; and upon proot of the com plaint on oath, to their satisfaction, to discharge such apprentice by warrant or certificate, for which no fee shall be paid. And on complaint by the master, of any misdemeanor, miscarriage, or ill behaviour on the part of the apprentice, the justices may punish the offender by commitment to the house of correction, for a period not exceeding a calendar month, or otherwise by dis charging him. Either party may appeal to the sessions,
whose determination is to be final. By the custom of the city of London, a freeman may turn away his ap prentice for gaming, (2 Vern. 241.) ; but it he turn him away on account of negligence, Sec., equity may decree him to refund a part of the money received with the apprentice. (1 Vern. Rep. 450.) No apprentice, how ever, can be discharged without writing, and the con sent of a justice of the peace. (Dalt. 121.) If any ap prentice, whose premium has been less than la, runs away from his master, he is compellable to serve out the time of absence, or to give satisfaction for it, at any period within seven years after expiration of the ori ginal contract. (6 Gco. III. c. 26.) 3. The term specified by stat. 5 Eliz., for the en durance of apprenticeships in England, is seven years for those trades comprehended under the statute. At the end of that period, the apprentice is entitled to be discharged ; and if the master refuse to make him free at the end of the term, he may obtain his discharge by applying to the chamberlain. In other corporations, there must be a mandamus to the mayor or chief-magis trate. (Danv. Abr. 421 ; Wood's Inst. 51.) Persons who have served apprenticeships gain a set tlement in that parish where they last served 40 days. (13 and 14 Car. II. c. 12. And by the stat. 5 Eliz. c. 4., they have an exclusive right to exercise the trade in which they have been instructed, in any part of Eng land. (e)