"fet to work above the number of two apprentices at "one time, nor thofe for any lefs term than feven years, upen pain to forfeit five pounds for every month: "PROVIDED that this fhall not extend to charge any

t

perfon lawfully exercifing the faid art with any pain "or forfeitures for fetting or ufing his own natural fon "or fons to the making or working of hats or felts in "his own house, so as every fuch fon or fons be bound "by indenture of apprenticehood for the term of feven years at the leaft, which term thall not be to expire "before he fhall be of the full age of two and twenty 66 years.

66

fhall only take two apprentices

629. By 13. and 14. Car. 2. c. 5. f. 18. "NORWICH Manufacturers "WEAVERS Who fhall employ two apprentices in the in the worsted "faid trade, fhall likewife employ and fet on work two weaving trade journeymen in the faid trade during the time he em- at Norwich "ploys two apprentices; and no mafter weaver under the regulation of the faid trade, fhall at any time have, at the fame employ, or fet on work above two apprentices, or any time. "week boy to weave in a loom in the faid trade of "worfted-weaving, upon pain that every perfon fhall "forfeit, for every month fo offending the ium of five pounds to the ufe of his majefty."

86

II. Who are compellable to ferve.

"If

to be an ap

prentice.

630. By 5. Eliz. c. 4. f. 35. " If any perfon fhall be The punishrequired by any houfholder, having and ufing half a ment of him plough-land at the leaft in tillage, to be an apprentice, which refufeth and to ferve in hufbandry, or in any other kind of art, "mystery or science before expreffed, (a) and fhall re- (a) Vide poft, "fufe fo to do, That then upon the complaint of fuch seat. VIII. housekeeper made to one juftice of the peace of the county wherein the faid refufal is or fhali be made, or of fuch houtholder inhabiting in any city, town-corporate, or market town, to the mavor, bailiffs, or head"officer of the faid city, town corporate, or market"town, if any fuch refufal fhall there be, they fhall have "full power and authority by virtue hereof to fend for "the fame perfon fo refufing: and if the faid juftice, or the "faid mayor or head-officer fhall think the faid perfon "meet and convenient to ferve as an apprentice in that "art, labour, fcience or myftery wherein he shall be fo "then required to ferve; that then the faid justice, or "the faid mayor or head-officer, fhall have power and "authority by virtue hereof, if the faid perfon refufe to

Gg 4

6 Бе

None fhall be bound to be

apprentices, but thofe which be

under 21 years

of age.

"be bound as an apprentice, to commit him unto ward, "there to remain until he be contented, and will be "bounden to ferve as an apprentice fhould ferve, according to the true intent and meaning of this prefent

"act.'

631. By 5. Eliz. c. 4. f. 36. "PROVIDED ALWAYS, "That no perfon fhall, by force or colour of this fla"tute, be bounden to enter into any apprenticeship, "other than fuch as be under the age of twenty-one "years."

III. Of the indentures.

632. By 5. Eliz. c. 4. f. 25. "For the better advanceThe contract of "ment of hufbandry and tillage, and to the intent that apprenticeship fuch as are fit to be made apprentices to hufbandry "may be bounden thereto, IT IS ENACTED, that every

must be made by INDEN

TURE.

(a) But by 31.

Geo. 2. c. 11.

The forfeiture

keth an ap

prentice other

wife than is limited by this ftatute.

perfon being a houfholder may have and receive as an "apprentice any perfon above the age of ten years and "under the age of eighteen years, to ferve in husbandry " until bis age of twenty-one years at leaft, or until the age "of twenty-four years, as the parties can agree; and the "faid retainer and taking of an apprentice to be made "and done by INDENTURE (a).

the apprentice may gain a settlement under an instrument though not indented,

633. By 5. Eliz. c. 4. f. 41. “ All INDENTURES, COof him that ta-venants, promifes, and bargains of or for the having, "taking, or keeping of any apprentice, otherwife hereafter to be made or taken than is by this ftatute limit"ed, ordained, and appointed, shall be clearly void in "the law to all intents and purpofes; and every per"fon that thall from henceforth take or newly retain any apprentice contrary to the tenor and true meaning of this act, fhall forfeit and lofe for every apprentice "fo by him taken the fum of ten pounds."

Not to extend to

London or
Norwich.

Perfons bound

INDENTURE,

634. By 5. Eliz. c. 4. f. 40." But it is provided, that nothing in this act contained or mentioned fhall be prejudicial to the cities of LONDON OF NORWICH con"cerning the taking of apprentices."

635. By 5. Eliz. c. 4. f. 42. and 43. "And because apprentices by "there had been fome queftion or fcruple, whether any "perfon being within the age of one and twenty years, and "bounden to ferve as an apprentice in any other place in the age of "than the faid CITY OF LONDON, fhould be bounden,

though with

twenty one years,

are compellable to serve.

Cro. Car. 179.

"accepted,

accepted, and taken as an apprentice, IT IS ENACTED, that all and every fuch perfon and perfons that at any "time or times fhall be bounden BY INDENTURE to ferve " as an apprentice in any art, fcience, occupation, or "labour, according to the tenor of this ftatute, and in "the manner and form aforefaid, albeit the same ap"prentice or any of them fhall be within the age of one and twenty years at the time of the making of their feveral INDENTURES, fhall be bounden to ferve for the years in their feveral indentures contained, as amply and largely to every intent as if the fame apprentice "were of full age at the time of the making of fuch indentures."

DEED.

636. Bacon's Abr. 546.-The retaining a menial fer- An apprentice vant, and taking an apprentice, differ greatly as to the must be remanner; for as to the firft, it may be by parole, contract, tained by or agreement only; and therefore fuch a one may be by parole or without writing: but an apprentice must be by deed, and cannot be difcharged without deed, and must be retained by the name of an apprentice, otherwife he is no apprentice, though he be bound,

Dalt. c. 58. 3.Bac. Ah. 546. Ld. Ray. 1117.

has bound him

felf apprentice cannot be fued

misbehaviour,

637. Gilbert v. Fletcher, Trinity Term, 5. Car. 1. Cro. Car. An infant who 179.-Covenant against an apprentice for departing from his fervice without licence, within the time of his apprenticeship. The defendant pleaded, That at the time of the on the covenants making the indenture, he was within age; and thereupon of his INDENit was demurred. And it was argued at the bar, That TURES; but this indenture fhould bind the infant, because it was for the mafler may his advantage to be bound apprentice, to be inftructed in a cheftife him for trade; he is alfo compellable by the ftatute of 5. Eliz. to be or procsed unbound out an apprentice. But ALL THE COURT refolv- der 5.Eliz.c.44 ed, That although an infant may voluntarily bind himfelf apprentice, and if he continue apprentice for feven years, he may have the benefit to use his trade; vet neither at the common law, nor by any words of the statute of 5. Eliz. a covenant or obligation of an infant for his apprenticeship fhall bind him. But if he mifbehave himfelf, the mafter may correct him in his fervice, or complain to a juftice of peace, to have him punished, according to the ftatute: but no remedy lieth against an infant upon fuch covenant, And therefore it was adjudged for the defendant.

If a perfon 638. Poulfon's Cafe, Eafier Term, 6. Will. and Mary, be bound to 3. Lev. 389.-In COVENANT the plaintiff declares, on the a mariner pur. fuant to the 5. Eliz. c. 5. THE INDENTURES must be inrolled in the next corporate town, according to the statute; and not in the Trinity House, according to the charter of that company.

5. Eliz.

POULSON'S
CASE.

5. Eliz. c. 5. f. 12. (a) that mariners may take apprentices, and that they fhall be bound as apprentices in London are, (a) Vide ante, by the custom there, the indentures being enrolled in P.454, pl. 627. the next town corporate: and that King Charles the Second incorporated all mariners by the name of THE TRINITY COMPANY, of Deptford Strand, and ordained that they might take apprentices according to the ftatute, and that their indentures fhould be enrolled by THE TRINITY COMPANY, and that fuch enrollments fhould be good, notwithstanding the flatute 5. Eliz. c. 5.; that the defendant was bound apprentice to the plaintiff,being a mariner; that the indentures were enrolled before THE TRINITY COMPANY; and that the defendant departed from his fervice. To this declaration the defendant demurred, becaufe the enrollment was before THE TRINITY COMPANY, according to the charter, and not in the next TOWN CORPORATI, according to the ftatute. And THE WHOLE COURT refolved, that the king cannot by his charter alter the place of enrollment, but that it must be according to the direction of the ftatute; otherwife the covenants fhould be according to the common law, and the apprentices not bound by them: and judgment was given for the defendant.

A covenant be

binding fo as to

conftitute an

639. The Cafe of Chesterfield, Trinity Term, 9. Will.3.2.Salk. tween the maf 479-Ferrifon was a fervant to Sir Paul fenkinfon in Waltter and a third ham; afterwards he left Lis fervice, and was put out by his perfon is not a mafter Sir Paul Jenkinson to a borber in Chesterfield, who was to teach him to fhave and make perriwigs, for which apprenticeship, he was to have 51. from Sir Paul: ferrifon continued a year in this employment, according to covenants between Sir Paul and the barber, to which ferrion was no party. THE COURT adjudged that this did not make a fettlement at Chefte field, becaufe it was no fervice: and that the faid Ferrifon was thereby no more than a boarder there for his education, which is no fervice to make a fettle

An agreement

to cancel inden tures cannot be

revoked.

An indenture

ment.

640. Barber v. Dennis, Mich. Term, 2. Ann. 6. Mod. 69. On an action of covenant against an apprentice for leaving his fervice, HOLT, Chief Justice held, That if a mafter does licente an apprentice to leave him, he cannot afterwards recal that licence.

641. Reg. v. Thurley in Surry, Trinity, 3. Ann. 6. Mod. of apprentice. 190.-The fon was bound an apprentice to his father,

ship, though it be given up, yet, if it remain uncancelled, continues in force until the term expires. 6. Mod. 190. Shaw, pl. 222.

who

SLET.

who gave up the indenture to the fon, and bound him Rex. Thua❤ out to fervice for a year in another parish, where he ferved, but did not cancel the indenture. The fon becoming poor, the justices held him fettled in the parish where the father lived, because the indenture being fill in force, his apprenticeship continued. And though it was agreed that an accord with fatisfaction would be a good difcharge of this covenant; and though it was urged that here was that which in its nature amounts to a fatisfaction to the father, for now he is difcharged of the ob-ligation of providing for his fon as an apprentice; yet THE COURT held that, the indenture not being cancelled, the obligation of the apprentice continues; and that if the father fhould get the indenture into his hands again uncancelled, and fue the fon thereupon, the aforefaid agreement would not be a good plea for the fon.POWELL, juftice, remembered the cafe in the Year-book of Hen. 7. where one was bound by bond, and the obligee delivered it to the obligor, who omitting to cancel it, the obligee into whole poffeflion it afterwards came put it in fuit; and all this was pleaded fpecially, and adjudged no plea.

by DEED POLL,

directs.

642. Smith v. Birch, Mich. Term, 1. Geo. 2. 1. Seff. Caf. The binding of 222.-An action was brought against the defendant for an apprentice enticing away and detaining the plaintiff's apprentice, under 5. Elix. who had agreed by writing to ferve the plaintiff for feven C. 4. Cannot be years. Upon evidence it appeared, that the style of the but must be by writing begun, "THIS INDENTUPE, &c. &c.; but, in INDENTURE, fact, the parchment was not indented, but was a DEED as the statute POLL. It was contended, that the young man was not an apprentice, because he was not bound by INDENTURE; Cro. Eliz. 472for an infant can be bound in no other way than as the Cro. Jac. 49. ftatute 5, Eliz. c. 4, directs, and that is "by indenture." Salk. 69, This defect cannot now be made good, for the decd cannot now be indented, for that would be a forgery, and by making it fo, it might be an cftoppel: therefore, unlefs the plaintiff can fhew the young man to be of full age at the time of figning fuch deed, he cannot be accounted his apprentice, neither can the plaintiff prove him to be his fervant by this deed; for he has declared for an apprentice, and must prove him fo to be. The plaintiff was nonfuited.

643. Whitley v. Loftus, Mich. Term, 10. Geo. 1. 8. Mod. In iNDEN190.-IN COVENANT on an indenture, in which the fa- TUKs of apprentice hip, in

which the apprentice binds himfelf to perform a specific act, yet, if the father or other person Covenant with the apprentice for the true performance of the articles, &c. the obligation shall be taken diftributively, and a joint action of covenant will lie, although the breach be affigned as a covenant in the fingular number,

ther