Apportionment. to a proportional part of his annuity for the time between the last half-yearly day of payment and his attaining twenty-one, Weigall v. Brome, 6 Sim. 99, see further, Dig. p. ii. tit. APPORTIONMENT; So interest on mortgages was held to be apportionable; but that was rather because interest on a mortgage is in fact due from day to day, and therefore not properly a periodical payment, Edwards v. Warwick (Countess), 2 P. Wms. 276. Interest on a mortgage. Policies of as surance. By sect. 3 of the 4 & 5 W. c. 22, annual sums due on policies of assurance are not to be apportioned. No. CXX. No. CXX. Apportionment of Annuity. And in case the sd (grantor or grantee, as the case may be) shd die in the interval betn any of the sd quarterly days of paymt, then also a proportionate part of the sd annty for the time which at the dece of the sd (grantor) shall have elapsed of the quarterly paymt growing due. Apportionment of Rent &c., see post, LEASES, also INDEX TO Definition of an apprentice. APPRENTICESHIP. 1. Definition of an Apprentice. tices. Qualification to be an Apprentice. 4. Inrolment of Indentures. 6. Infant cannot bind himself. SECT. 1. The word apprentice, from apprendre, to learn, signifies a learner of a trade; therefore, the covenant by the master to teach the other a trade, and the latter was to do nothing ulterior to the employment in that trade, was held by Ld. Ellenborough to be contract apprendre; in the true sense of the word, it constituted an apprenticeship within the meaning of the legislative expression, R. v. Apprenticeship. Inhab. of Rainham, 1 E. 531; Chitt. on App. 24. 2. By the 5 Eliz. c. 4, all persons were prohibited from following Statutory proany trade, who had not served an apprenticeship of seven years; but visions as to apprentices. this and other regulations respecting the qualifications of persons intitled to take and become apprentices &c. have since been repealed; first, by the 12 A. st. 2, c. 3, sect. 9, as to distillers of brandy from British malt; by the 17 G. 3, c. 55, sect. 5, as to hatters and feltmakers; and generally by the 54 G. 3, c. 96, which enacts that any person may take or become an apprentice, although not according to the provisions of the 5 Eliz. c. 4. Other statutes have likewise been passed, relative to apprentices to particular trades and professions. The 42 G. 3, c. 73; 1 & 2 W. 4, c. 39; 3 & 4 W. 4, c. 103, contain many regulations for the purpose of preserving the health and morals of the children put apprentices to the cotton and other manufactories. The 43 Eliz. c. 2 (amended by 32 G. 3, c. 5), and still more by 56 G. 3, c. 139, contains several provisions as to the binding out or assigning over parish apprentices to businesses in general; the 4 & 5 W. 4, c. 35, repealed and re-enacted with amendments by 3 & 4 V. c. 85 (see Dig. p. ii. tit. CHIMNEY-SWEEPERS), applies to apprentices put out to chimney-sweepers; and 5 & 6 W. 4, c. 19, to apprentices put out to the sea service. By the 55 G. 3, Qualification to be an apothe c. 194 and 6 G. 4, c. 133, no person shall be admitted to any examination for a certificate of his qualification to act or practise as an apothecary, unless he shall produce proof to the court of examiners of his having served an apprenticeship of not less than five years to an apothecary, or to a member of the Royal College of Surgeons in London, Edinburgh or Dublin, or to a surgeon in his Majesty's army or navy. As to articles of Clerkship, see post, No. CXXI.; see further Dig. p. ii. tit. APOTHECARIES, APPRENTICES. cary. indenture. 3. One cannot be bound an apprentice without deed, 1 Salk. 68. Articles of apBy the 5 Eliz. c. 5, articles of apprenticeship are required to be prenticeship by indented, in the case of apprentices to husbandry, to owners of ships, fishers on the seas, &c.; and by the 43 Eliz. c. 2, also, in the case of apprentices put out by the parish; by the 54 G. 3, c. 46, indentures made according to the provisions of 5 Eliz. c. 4, which are otherwise valid, are to be so, notwithstanding the repeal of that statute. Al- By deed. though the 31 G. 2, c. 11, s. 2, has dispensed with the necessity of having the deed indented, it is still necessary that the binding should be by deed, R. v. Inhab. of Ditchingham, 4 T. R. 769. By the 8 Anne, c. 9, s. 35, indentures must bear date the day they are executed. Inrolment of 4. In London, and some other places, the indentures must be indentures. Apprenticeship. inrolled before the chamberlain within a year, and the apprentice must be present at the inrolment and acknowledge them, Bac. Abr. Mast. and Ser. A. 1 Mod. 271. Stamp duty on indentures. Exemption of parish inden tures. Premium actually paid. 5. By the 55 G. 3, c. 184, indentures of apprenticeship must be impressed with the following stamp duties. If the premium be under 301., 17.; if 30l. and under 50l., 21.; if 50l. and under 100l., 3.; if 1001. and under 2001., 61.; if 2001. and under 300l., 127.; if 3007. and under 400l., 201.; if 400l. and under 500l., 251.; if 500l. and under 6007., 307.; if 6001. and under 8001. 401.; if 8001. and under 1000, 50l.; if 1000l. and upwards, 601.; and where there is no premium, and the instrument contains no more than 1080 words, 17.; and if above that number of words, 17. 15s.; and if there be two parts of the indenture, the one shall bear the abovementioned duty, which shall belong to the apprentice, and the counterpart, a duty of 17. 15s. only. The 8 Anne, c. 9, contains several provisions respecting the stamp duty on indentures, see Dig. p. ii. tit. APPRENTICESHIP; but these have been held to be applicable only to original instruments, and not to extend to assignments of such instruments, R. v. Ide (Inhab.) 2 B. & A. 866. Indentures for placing out poor children apprentices are exempt from all stamp duties. This exemption has been held not to be confined to mere compulsory bindings under the 42 Eliz. c. 2, but extends to voluntary bindings, provided the premium is paid out of a fund raised at the public charge, R. v. St. Petrox, 4 T. R. 196; so indentures for placing out poor children at the charge of any public charity are by the same Act exempt from stamp duty; and it has been held that where a poor person was bound apprentice at the charge of a fund bequeathed to trustees for that purpose, it was not necessary that the trustees should be parties to the indentures, R. v. Quainton, 2 M. & S. 338; and a private agreement without the knowledge of the trustees between the master and a third person, whereby the latter agreed to pay for the clothing and washing of the apprentice, was held not to subject the indenture to the stamp duty. But the fund must be derived from a public and not a private charity, to bring it within the exemption, R. v. St. Matthew (Bethnal Green), Burr. S. C. 574; S. C. 1 Const. 661; see also R. v. Clifton, Burr. S. C. 697; R. v. Takenham, 2 Ad. & E. 528; S. C. 4 Nev. & Man. 553. The premium actually paid must, by the 8 Anne, c. 9, s. 39; 20 G. 2, c. 45, be truly set forth in the indenture, or otherwise it is void; Jackson v. Warwicke, 7 T. R. 121; but if the sum paid be less than that inserted, this will not vitiate the articles, R. v. Inhab. of Keyn sham, 5 E. 309. But no indenture will, by 8 Anne, c. 9, s. 43, be admitted in evidence unless the party producing the same make Apprenticeship. oath that the sum inserted therein was all that was given or contracted for, see further, Dig. p. ii. tit. APPRENTICESHIP. bind himself. 6. At common law, no person under the age of twenty-one can Infant cannot bind himself, for an infant can be bound by no covenant, except by the custom of London, where an infant above the age of fourteen may bind himself to a freeman, and it shall be as binding as if he were of fall age, 2 Roll. Abr. 305; 1 Mod. 271. An apprentice is considered as freed from all liability to serve after he comes of age; but as those who engage for the infant are held to be bound by the covenants, care must be taken that the period expire at or before the apprentice attains the age of twenty-one, Ex parte Davis, 5 T. R. 715; Cuming v. Hill, 3 B. & A. 59. The apprentice must be a party to the indenture, although put out by the parent, 2 Salk. 479. 7. An apprenticeship is not assignable without the consent of the Apprenticeship how assignable. apprentice, Hob. 134; Peck's Case, 1 Salk. 66. By the custom of London, the executors of the master are bound, in case of his death, to place the apprentice with another master, Peck's Case, ub. sup. In cases where a master die shortly after an apprentice has been bound to him, a court of equity will decree that a larger sum shall be refunded than has been agreed to, 1 Vern. 460; and where a master becomes bankrupt it will decree, that a proportion of the premium shall be considered as a debt, and proveable under the commission, although there be no agreement to that effect, Chit. 85; Ex parte Sandby, 1 Atk. 149; see further, Dig. p. ii. tit. BANKRUPT. A master is intitled to the whole of the time of the apprentice, unless it be otherwise covenanted, Thompson v. Havelock, 1 Campb. 527; see further, as to clerkship, post, No. CXXII. our Lord Betn (Father) of &c. of the one pt (c) (Apprentice) son of the sd (F.) of the second pt and (Master) of &c. of the third pt Witnesseth That in conson of the (d) sum of £ (a) When a deed indented is necessary, see ante, Pref. sect. 3. (b) Respecting the date, ib. (c) As to apprentice being a party, see ante, Pref. sect. 6. (d) As to the stamp duty, see ante, Pref. sect. 5. to the sd nants to teach. No. CXXI. Indentures of &c. Apprentice Covenants to serve. (M.) in hand &c. pd the rect whof &c. he doth hby admit and acknge he the sd (M.) doth for himself his exs and ads covt promise and agree with and to the sd (F.) to accept the sd (A.) as his apprentice during the term of years in manner as follows That he the sd (M.) shall and will according to the best of his power skill and knowledge (a) teach the sd (A.) in the trade or business of [or "profession of "] and all and evy And give board thing relating thereto And also shall and will during the sd term find and provide the sd (A.) with good and sufficient diet lodging and washing fit for an apprentice (b) And the sd (F.) and the sd (A.) for themselves severally and for their sevl exs and ads do and each of them doth covt promise and agree with and to the sd (M.) That the sd (A.) from the date hereof during the term of yrs shall and will truly and faithfully serve the sd (M.) as his apprentice and diligently attend to the sd business at all times his secrets keep and his lful commands willingly obey And shall not nor will absent himself from his master's service witht the leave of the sd (M.) nor do nor knowingly suffer any damage to be done to the goods monies or or. things which shall be delivered or put into his custody or care And shall not embezzle waste or lend them to any one witht his master's consent nor play at cards or or. unlful games nor haunt or frequent taverns but in all things shall and will demean and behave himself towards his master as a good and faithful apprentice Father agrees to ought (c) And the sd (F.) doth hby furr agree that he shall and will at all times during the sd term provide the sd (A.) with suitable clothes both linen and woollen and all or. necessaries except board lodging and washing (d) And it is hby decld and part of the fee agrd by and betn the pties hereto That in case the sd (M.) shall happen to die in the first or second year from the date hereof find clothes. In case of master's death to be repaid. "And more days at or attend any other (a) Force of this word, see ante, Pref. sect. 1. (b) If the apprenticeship be to a profession, as a surgeon, say, over shall and will permit and allow the sd (A.) to walk or attend on in the week or oftener if needful the hospital of lectures upon medicine, surgery, &c." As to the medical profession, see ante, Pref. sect. 2. (c) As to this clause, see ante, Pref. sect. 6. (d) As to the death of the master, and how much of the premium must be refunded, see ante, Pref. sect. 7. |