APPRENTICESHIP, in law, a contract by which a person called a master, who under stands some art, trade or business, undertakes to teach the same to another person, commonly a minor, and called the apprentice, who, on his part, is bound to serve the master, during a definite period of time, in such art, trade or business. At common law an infant may bind himself apprentice by indenture, because it is for his benefit. But this contract, on account of its liability to abuse, has been regulated by statute in the United States, and is not binding upon the infant unless entered into by him with the consent of the parent or guardian, or by the parent or guardian for him, with his con sent. The contract need not specify the par ticular trade to be taught, but is sufficient if it be a contract to teach such manual occupa tion or branch of business as shall be found best suited to the genius or capacity of the apprentice. This contract must generally be entered into by indenture or deed. The contract is to continue, if the apprentice be a male, only during minority, and if a female only until she arrives at the age of 18. The duties of the master are to instruct the apprentice by teaching him the knowledge of the art which he had undertaken to teach him, though he will be excused for not making a good workman if the apprentice is incapable of learning the trade, the burden of proving which is on the master. Ordinarily the indenture should contain, among other things, a stipulation that the apprentice shall be taught the general rules of arithmetic. The master must not abuse his authority, either by bad treatment or by subjecting his apprentice to menial employments unconnected with the business he has to learn; but he may correct him with moderation for negligence and mis behavior. He cannot dismiss his apprentice except by consent of all the parties to the indenture. He cannot remove the apprentice out
of the State under the laws of which he was apprenticed unless such removal is provided for in the contract or may be implied in its nature; and if he do so remove him the contract ceases to be obligatory. An infant apprentice is not capable in law of consenting to his own dis charge. After the apprenticeship is at an end the master cannot retain the apprentice on the ground that he has not fulfilled his contract, unless specially authorized by statute. An ap prentice is bound to obey his master in all his lawful commands, take care of his property, promote his interests, endeavor to learn his trade or business and perform all the covenants in his indenture not contrary to law. He must not leave his master's service during the term of the apprenticeship. If, without the knowl edge or consent of the master, an apprentice is employed by a third person, the master is entitled to all his earnings, whether the person who employed him did or did not know that he was an apprentice. In an action for harboring or enticing away an apprentice it must be shown that the defendant had a knowledge of the apprenticeship. The enlistment of an apprentice in the military service dissolves the relation of master and servant, and the master has no claim to the bounty money or pay of the ap prentice so enlisted. A master cannot delegate to another the power to chastise his apprentice, as his authority is a personal one. At common law an apprenticeship is a relation which cannot be assigned, but if under such an assignment the apprentice continue with his new master with the consent of all the parties and his own, it will be construed as a continuation of the old apprenticeship. Consult ((Apprentices') (in 'Corpus Vol. IV, pp. 1412-54, New York 1914).