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" set to work above the number of two apprentices at
one time, nor those for any leís terin than seven years,
upon pain to forfeit five pounds for every month : “ Provided that this shall not extend to charge any “ perfon lawfully exercising the faid art with any pain
or forfeitures for setting or using his own natural son
or sons to the making or working of hats or felts in “ his own house, so as every such fon or fons be bound “ by indenture of apprenticehood for the term of seven
years at the least, which term thall not be to expire “ before lie shall be of the full age of two and twenty
629. By 13. and 14. Car. 2. c. 5. f. 18. “ NORWICII
Manufacturers “ WEAVERS who ihall employ two apprentices in the in the worited « said trade, thall likewise employ and set on vork two weaving trade
journcymen in the faid trade during the time he em- at Norwich ploys two apprentices; and no matter weaver under hall only take
two apprentices " the regulation of the said trade, thall at any time have, at the same
employ, or fet on work above two apprentices, orany time. “ week boy to weave in a loom in the said trade of “ worsted-weaving, upon pain that crery person shall “ forfeit, for every month fo offending tie ium of five
pounds to the use of his majetty.”
II. Who are compellable to forve. 630. By 5. Eliz. C. 4. . 35. “ If any person shall be the punih. required by any lioudholder, having and using half a ment of him
plough-land at the least in tillage, to be an apprentice, which refuseth ' " and to ferve in husbandry, or in any other kind of art,
to be an ap“ mystery or science before expressed, (a) and Thall re-Q) Vide poft,
prentice. “ fute to to do, That then upon the complaint of such scct. vii. “ housekeeper made to one justice of the peace of the
county wherein the faid refusal is or shali be made, or “ of such houtholder inhabiting in any city, town-cor
porate, or market town, to the mayor, bailiffs, or head" officer of the said city, town corporate, or market“ town, if any such refusal thall there be, they thall have “ full power and authority by virtue hercof to send for “ the fame person so refufing: and if the said justice, or the " said mayor or head-officer shall think the faid person
meet and convenient to serve as an apprentice in that
art, labour, science or mystery wherein he shall be so “ then required to serve ; that then the said justice, or " the said mayor or head-officer, shall have power and " authority by virtue hereof, if the said person refuse to
* be bound as an apprentice, to commit him unto ward, " there to remain until he be contented, and will be " bounden to serve as an apprentice should serve, ac"cording to the true intent and meaning of this present " act.”
None Mall hc 631. By 5. Eliz. c. 4. 1. 36. “ PROVIDED ALWAYS, bound to be
“ That no person shall, by force or colour of this fiaapprentices, but « tute, be bounden to enter into any apprenticeship, those which be under 21 years
6 other than such as be under the age of twenty-one of age. " years."
III. Of the indentures. 632. By 5. Eliz. c. 4. f. 25. “ For the better advanceThe contract of tó ment of husbandry and tillage, and to the intent that apprenticeship « such as are fit to be made apprentices to husbandry must be made
may be bounden thereto, IT IS ENACTED, that every by INDEN
“ person being a hou holder may have and receive as an TURE.
apprentice any person above the age of ten years and “ under the age of eighteen years, to terve in husbandry “ until bis age of twenty-one years at lait, or until the age " of twenty-four years, as the parties can agrce; and the
“ said retainer and taking of an apprentice to be made (a) But by 31.
“ and done by INDENTURE (a). Gev. 2. c. 11. the apprentice may gain a settlement under an instrument though not indented, The forfeiture
633. By 5. Eliz. c. 4. 1. 41. " All INDENTURES, COof bin that ta- venants, promises, and bargains of or for the having, keth an ap
“ taking, or keeping of any apprentice, otherwise hereprentice other.
" after to be made or taken than iş by this statute limitwise than is limited by this
“ ed, ordained, and appointed, shall be clearly void in Matute.
" the law to all intents and purpofes; and every per« son that shall fiom henceforth take or newly retain
any apprentice contrary to the tenor and true meaning . of this act, ihall forfeit and lose for every apprentice
so by him taken the fum of ten pounds.' Not to extend to 634. By 5. Eliz. C. 4. f. 40. “ But it is provided, that London or nothing in this act contained or mentioned shall be Norwicb.
prejudicial to the cities of LONDON or Norwich con
• cerning the taking of apprentices.” Persons bound 635. By 5; Eliz. c. 4. f.
" And because apprentices by " there had been some question or scruple, wheiher any INDEN I URE, person being within the age of one and twenty years, and though with
“ bounden to serve as an apprentice in any other place in the age of towenty one years,
" than the said CITY OF LONDON, should be bounden, are compellable to serve.
Cro. Car. 179:
$t accepted, and taken as an apprentice, IT IS ENACTED, " that all and every such person and persons that at any
time or times shall be bounden BY INDENTURE to serve “ as an apprentice in any art, science, occupation, or
labour, according to the tenor of this statute, and in “ the manner and form aforesaid, albeit the same ap“ prentice or any of them shall be within the age of one $' and twenty years at the time of the making of their se“ veral IN DENTURES, shall be bounden to serve for the
years in their several indentures contained, as amply u and largely to every intent as if the fame apprentice
were of full age at the time of the making of such $t indentures."
636. Bacan'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 first, it may be by parole, contract, tained by or agreement only; and therefore such a one may be by ÞEED. parole or without writing: but an apprentice muit be by deed, and cannot be discharged without deed, and must be retained by the name of an apprentice, otherwise Dalt. c. 58. he is no apprentice, though he be bound,
3.Bac. Ah. 546.
La Ray. 1117
637. Gilbert v. Fletcher, Trinity Term, 5. Car. 1. Cro. Car. An infant who 179.- Covenant against an apprentice for departing from has bound himhis service without licence, within the time of his appren
self apprentice ticeship. The defendant pleaded, That at the time of the cannot be sued
on the covenants making the indenture, he was within age ; and thercupon of his INDENit was demurred. And it was argued at the bar, That Turis ; but this indenture hould bind the infant, because it was for the matter may his advantage to be bound apprentice, to be instructed in a chuttife him for trade ; he is also compellable by the statute of 5. Eliz.to be or proe ed unbound out an apprentice. But ALL THE Court refolv- der 5. Eliz.c.44 ed, That although an infant may voluntarily bind himself apprentice, and if he continue apprentice for seven years,
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 shall bind him. But if he misbehave himfelf, the mater may cośrcet him in his service, or complain to a justice of peace, to liąve him punished, according to the statute: but no remedy lieth against an infant upon such covenant, And therefore it was adjudged for the defendant. 638. Poulson's Cafe, Eafier Term, 6. Will. and Mary,
If a person
be bound to 3. Lev. 389.-In CovENANT the plaintiff declares, on the
a marinir pup. suant to the 5. Eliz. c. 5. THE INDENTURES must be inrolled in the next corporali lown, according to the sțatute; and not in the Trinity House, according to the charter of that con.pany.
Poulson's 5. Eliz. c.5. f. 12. (a) that mariners may take apprentices,
CASE. and that they shall be bound as apprentices in Londo" are, (w) Vide ante, by the custom there, the indentures being enrolled in p. 454, pl. 627. the next town corporate : and that King Charles the Se
cond incorporated all inariners by the name of The
them: and judgment :vas given for the defendant. A covenant be.
639. The Cafi of Clyfter fi!!, Trinity Tirm, 9.TV:ll.3. 2. Salk. tween them:1. 479.-Yrrison was a fervant to Sir Parl Jenkinfon in Waltter and a third ham; afterwards he left Lis service, and was put out by his person is not a matter Sir Paul fenkinson to a barber in Chefierfield, who binding so as to conft. cute an
was to teach him to ihave and make perriwigs, for which Apprenticethip.
he was to have 51. from Sir Paul: ferrison continued a
640. Barber v. Dennis, Mich. Term, 2. Ann. 6. Mod. 69. to cancel inden-- On an action of covenant against an apprentice for iures cannot be 1:aving his service, HOLT, Chief Justice held, That if a revoked.
master docs license an apprentice to leave him, he can-
641. Reg. v. Thurry in Surry, Trinity, 3. Ann. 6. Mod. An indenture of apprentice. 190.-The ton was bound an apprentice to his father, Mhip, though it be given vp, yet, if it remain uncancelled, continues in force until the ferm expires. 6. Mod. 190. Shaw, pl. 222,
who gave up the indenture to the fon, and bound him Rexo. Tuva. out to service for a year in another parish, where he ferved, but did not cancel the indenture. The fon becoining poor, the justices held him fettled in the parish where the father lived, because the indenture being till in force, his apprenticeship continued. And though it was agreed that an accord with fatisfa&tion would be a good difcharge of this covenant; and though it was urged that here was that which in its nature amounts to a satisfaction to the father, for now he is discharged of the ob-ligation of providing for his fon as an apprentice; vet THE COURT held that, the indenture not being cancelled, thie obligation of the apprentice continues; and that if the father should get the indenture into his hands again uncancelled, and sue the ton thereupon, the aforesaid agreement would not be a good plea for the fon.POWELL, justice, 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 poffeffion it afterwards came put it in fuit; and all this was pleaded specially, and adjudged no plea.
642. Smith v. Birch, Mich. Term, 1. Geo. 2. 1. Seff. Cal. The binding of 222.-An ation was brought against the defendant for an apprentice enticing away and detaining the plaintiff's apprentic:, under s. Eliz. who had agreed by writing to serve the plaintiff for seven : 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 INDENTURF, 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. 62, This defect cannot now be made good, for the decd cannot now be indented, for that would be a forgery, aud by making it so, it inight be an eldoppel: therefore, unless the plaintiff can thew the young man to be of full age at the time of ligning such deed, be 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 so to be. The plaintiff was nonsuited.
643. IVhitley v. Loftus, Mich. Term, 10. Gen. I. 8. Mod. In innen. 190.-IN COVENANT on an indenture, in which the fa- Tunts of ap.
prenticeinip, in which the apprentice binds himself to perform a specific act, yet, is the father or other person covenant with the apprentice for the true performance of the articies, &c. the obligation shall be taken distributively, and a joint ac.ion of covenant will lie, although the breach be affigned as a covenant in the fingular number,