APPRENTICESHIP. A contract by which one person who understands some art, trade, or business, and called the master, un dertakes 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.
The term during which an apprentice is to serve. Pardessus, Drat Comm. n. 34.
2. At common law, an infant may bind himself apprentice by indenture, because it is for his benefit. 5 Maule & S. 257 ; 6 Term, 652; 5 Dowl. & R. 339. But this con tract, both in England and in the United States, on account of its liability to abuse, has been regulated by statute, and is not binding upon the infant unless entered into by him with the consent of the parent or guardian (the father, if both parents be alive, being the proper party to such con sent, 8 W. & S. 339), or by the parent and guardian for him, with his consent, su,h consent to be made a part of the contract, 2 Kent, Comm. 261 ; 8 Johns. N. Y. 328; 14 id. 374; 2 Penn. 977 ; 4 Watts, Penn. 80; 43 Me. 458 ; 12 N. II. 437 ; 4 Leigh, Va. 493; or, if the infant be a pauper, by the proper authorities without his consent. 3 Serg. & R. Penn. 158 ; 32 Me. 299; 3 Jones, No. C. 21; 15 B. Monr. Ky. 499; 30 N. H. 104; 5 Gratt. Va. 285. The contract need not spe cify the particular trade to be taught, but is sufficient if it be a contract to teach such manual occupation or branch of business as shall be found best suited to the genius or capacity of the apprentice. 9 Barb. N. Y.
309; 1 Sandf. N. Y. 672. In a common in denture of apprenticeship the father is bound for the performance of• the covenants by the son. Dougl. 500; 3 Barnew. & Ald. 59. But to an action of covenant against the father for the desertion of the son it is a sufficient answer that the master has abandoned the trade which the son was apprenticed to learn, or that he has driven the son away by cruel treatment. 4 Eng. L. & Eq. 412 ; 4 Mass. 480 ; 2 Pick. Mass. 357.
This contract must generally be entered into by indenture or deed, 1 Salk. 68; 4 Maule & S. 383; 10 Serg. & R. Penn. 416; 1 Vt. 69; 18 Conn. 337, and is to continue, if the apprentice be a male, only during minority, and if a fe male, only until she arrives at the age of eigh teen. 2 Kent, Comm. 264 ; 5 Term, 715. The English statute law as to binding out minors as apprentices to learn some useful art, trade, or business, has been generally adopted in the United States, with some variations which cannot be noticed here. 2 Kent, Comm. 264.
As to the provisions of the English statutes, see 1 Harrison, Dig. 203-227.
3. The duties of the master are to instruct the apprentice by teaching him bond fide the knowledge of the art which he has under taken to teach him, though he will be ex cused for not making a good workman if the apprentice is incapable of learning the trade, the burden of proving which is on the mas ter. 2 Dan. Ky. 131; 5 Mete. Mass. 37; 1 Dev. & B. No. C. 402. He ought to watch over the conduct of the apprentice, giving him prudent advice and showing him a good example, and fulfilling towards him the du ties of a father, as in his character of master he stands in loco parentis. He is also re quired to fulfil all the covenants he has en tered into by •the indenture. He must not abuse his authority, either by bad treatment or by employing his apprentice in menial em ployments wholly unconnected with the busi ness he has to learn, or in any service which is immoral or contrary to law, 4 Clark & F. Hon. L. 234, but may correct him with modera tion for negligence and misbehavior. 1 Ashra. Penn. 267. He cannot dismiss his appren tice except by consent of all the parties to the indenture, 1 Serg. & R. Penn. 330; 12 Pick. Mass. 110; 2 Burr. 766, 801 ; 1 Carr. & • K. 622, or with the sanction of some compe tent tribunal, 1 Mass. 24; 2 Pick. Mass. 451; 8 Conn. 14; 1 Bail. So. C. 209, even though the apprentice should steal his master's pro perty, or by reason of incurable illness be come incapable of service, the covenants of the master and apprentice being independ ent. 2 Pick. Mass. 451; 2 Dowl. & R. 465; 1 Barnew. & C. 460. He cannot remove the apprentice out of the state under the laws of which he was apprenticed, unless such re moval is provided for in the contract or may be implied from its nature ; and if he do so remove him, the contract ceases to be obli gatory. 6 Binn. Penn. 202: 6 Serg. & R. Penn. 526 ; 2 Pick. Mass. 357; 13 Meto. Mass. 80. An infant apprentice is not capable in law of consenting to his own discharge, 1 Burr. 501; 3 Barnew. & C. 484; nor can the justices, according to some authorities, order money to be returned on the discharge of an apprentice. Strange, 69 ; contra, Salk. 67, 68, 490; 11 Mod. 110; 12 id. 498, 553. After the apprenticeship is at an end, the master can not retain the apprentice on the ground that he has not fulfilled his contract, unless spe cially authorized by statute.