APPRENTICESHIP

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APPRENTICESHIP

APPRENTICESHIP, contracts. A contract entered into between a person who understands some art, trade or business, and called the master, and anotherperson commonly a minor, during his or her minority, who is called theapprentice, with the consent of his or her parent or next friend by whichthe former undertakes to teach such minor his art, trade or business, and tofulfill such other covenants as may be agreed upon; and the latter agrees toserve the master during a definite period of time, in such art, trade orbusiness. In a common indenture of apprenticeship, the father is bound forthe performance of the covenants by the son. Daug. 500. 2. The term during which the apprentice is to serve is also called hisapprenticeship. Pardessus, )Dr. Com. n. 34. 3. This contract is generally entered into by indenture or deed, and isto continue no longer than the minority of the apprentice. The Englishstatute law as to binding out minors as apprentices to learn some usefulart,. trade or business, has been generally adopted in the United States,with some variations which cannot, be noticed here. 2 Kent, Com. 212. 4. The principal duties of the parties are as follows: 1st, Duties ofthe master. He is bound to instruct the apprentice by teaching him, bonafide, the knowledge of the art of which he has undertaken to teach him theelements. He ought to, watch over the conduct of the apprentice, giving himprudent advice and showing him a good example, and fulfilling towards himthe duties of a father, as in his character of master, he stands in locoparentis. He is also required to fulfill all the covenants he has enteredinto by the indenture. He must not abuse his authority, either by badtreatment, or by employing his apprentice in menial employments, whollyunconnected with the business he has to learn. He cannot dismiss hisapprentice except by application to a competent tribunal, upon whose, decreethe indenture may be cancelled. But an infant apprentice is not capable inlaw of consenting to his own discharge. 1 Burr. 501. Nor can the justices,according to some authorities, order money to be returned on the dischargeof an apprentice. Strange, 69 Contra, Salk. 67, 68, 490; 11 Mod. 110 12 Mod.498, 553. After the apprenticeship is at an end, he cannot retain theapprentice on the ground that he has not fulfilled his contract, unlessspecially authorized by statute. 5.-2d. Duties of the apprentice. An apprentice is bound to obey hismaster in all his lawful commands, take care of his property, and promotehis interest, endeavor to learn his trade or business, and perform all thecovenants in his indenture not contrary to law. He must not leave hismaster's service during the term of the apprenticeship. The apprentice isentitled to payment for extraordinary services, when promised by the master;1 Penn. Law Jour. 368. See 1 Whart. 113; and even when no express promisehas been made, under peculiar circumstances. 2 Cranch, 240, 270; 3 Rob. Ad.Rep. 237; but see 1 Whart, 113. See generally, 2 Kent, Com. 211-214; Bac.Ab. Master and Servant; 1 Saund. R. 313, n. 1, 2, 3, and 4; 3 Rawle, R. 3073 Vin. Ab. 19; 1 Bouv. Inst. n. 396, et seq. The law of France on thissubject is strikingly similar to our own. Pardessus, Droit Com. n. 518-522. 6. Apprenticeship is a relation which cannot be assigned at the commonlaw 5 Bin. 428 4 T. R. 373; Doug. 70 3 Keble, 519; 12 Mod. 554; although theapprentice may work with a second master by order and consent of the first,which is a service to the first under the indenture. 4 T. R. 373. But, inPennsylvania and some other states the assignment of indentures ofapprenticeship is authorized by statute. 1 Serg. & R. 249; 3 Serg. & R. 161,164, 166.

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