4. An apprentice is bound to obey his mas ter in all his lawful commands, take care of his property, and promote his interest, en deavor 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 ap prenticeship. 6 Johns. N. Y. 274; 2 Pick. Mass. 357. The apprentice is entitled to pay ment for extraordinary services when pro mised by the master, 1 Am. Law Jour. 308; see 1 Whart. Penn. 113; and even when no express promise has been made, under pecu liar circumstances. 2 Cranch, 240, 270; 3 C. Rob. Adm. 237 ; hut see 1 Whart. Penn. 113. Upon the death of the master, the apprentice ship, being a personal trust, is dissolved. 1 Salk. 66 ; Strange, 284; 1 Day, Conn. 30.
To be binding on the apprentice, the con tract must be made as prescribed by statute, 5 Cush. Mass. 417 ; 5 Pick. Mass. 250; hut if not so made, it can only be avoided by the apprentice himself. 9 Barb. N. Y. 309; 8 Johns. N. Y. 328; 5 Strobh. So. C. 104; and if the apprentice do elect to avoid it, he will not be allowed to recover wages for his ser vices, the relation being sufficient to rebut any promise to pay which might otherwise be implied. 12 Barb. N. Y. 473 ; 2 id. 208; but see 13 Mete. Mass. 80. The master will be bound by his covenants, though additional to those required by statute. 10 Humphr. Tenn. 179.
Where an apprentice is employed by a third person without the knowledge or con sent of the master, the master is entitled to all his earnings, whether the person who employed him did or did not know that he was an apprentice, 6 Johns. N. Y. 274; 3 N. H.
274; 7 Me. 457 ; 2 Ai k. Vt. 243 ; 1 E. D. Smith, N. Y. 408; 1 Sandf. N. Y. 711; but in an ac tion for harboring or enticing away an ap prentice, a knowledge of the apprenticeship by the defendant is an indispensable requi site to recovery. 2 Harr. & G. Md. 182; 1 Wend. N. Y. 376; 1 Gilm. Va. 46 ; 5 Ired. No. C. 216.
5. Apprenticeship is a relation which can not be assigned at common law, 5 Binn. Penn. 423 ; 4 Term, 373 ; Dougl. 70; 3 Keble, 519; 12 Mod. 554 ; 18 Ala. N. s. 99 ; Busb. No. C. 419 ; though, if under such an assignment the apprentice continue with his new mas ter, with the consent of all the parties and his own, it will be construed as a continu ation of the old apprenticeship. Dougl. 70; 4 Term, 373; 19 Johns. N. Y. 113; 5 Cow. N. Y. 363; 2 Bail. So. C. 93. But in Penn sylvania and some other states the assign meat•of indentures of apprenticeship is au thorized by statute. 1 Serg. & R. Penn. 249; 3 id. 161; 6 Vt. 430. See, generally, 2 Kent, Comm. 261-266 ; Bacon, Abr. Master and Ser vant; 1 Saund. 313, n. 1, 2, 3, and 4; 1 Bou vier, Inst. n. 396 et seq. The law of France on this subject is strikingly similar to our own. Pardessus, Drat Com. nn. 518, 522.