London and other places it may be done | yond his term for the time which he by a “turn-over.” Parish apprentices may absented himself, or make suitable satisalso (32 Geo. III. c. 57, s. 7), with the faction, or be imprisoned for three months. consent of two justices, be assigned over If he enters another person's service, his by indorsement on the indentures. master is entitled to his earnings, and he

An indenture is determinable by the may bring an action against any one who consent of all the parties to it; it is also has enticed him away. determined by the death of the master. In London, in case of misconduct by But it is said that the executor may bind the master towards the apprentice, or by the apprentice to another master for the the apprentice towards the master, either remainder of his term. And if there is party may summon the other before the any covenant for maintenance, the exe-chamberlain, who has power to adjudicate cutor is bound to discharge this as far as between them, and, upon the disobedience he has assets. In the case of a parish or refractory conduct of either party, may apprentice (32 Geo. III. c. 57, s. 1), this commit the offender to Bridewell. The obligation only lasts for three months, wardens of the different Livery Companies where the apprentice-fee is not more than had formerly jurisdiction in matters of 51., and the indenture is then at an end, disputes between the apprentices and masunless upon application by the widow or ters in their respective crafts; and in executor, &c. of the master, to two justices, Herbert's ‘History of the Twelve principal the apprentice is ordered to serve such Companies' there is some curious informaapplicant for the remainder of the term. tion respecting regulations for apprenBy the custom of London, if the master tices, their dress, duties, &c. of an apprentice die, the service must be We cannot fairly judge the institution continued with the widow, if she con- of Apprenticeship, without an accurate tinue to carry on the trade. In other examination of the circumstances under cases it is incumbent on the executor to which it arose. That it had its uses canput the apprentice to another master of no: be doubted, and the continuance of the the same trade. By the Bankrupt Act, 6 practice in this country, since it has ceased Geo. IV. c. 16, s. 49, it is enacted, that to be required by law, is some evidence in the issuing of a commission against a favour of the institution. Except in the master shall be a complete discharge of case of surgeons and apothecaries, proctors, an indenture of apprenticeship; and solicitors, attorneys, and notaries, there where an apprentice-fee has been paid to is now_no apprenticeship required by the bankrupt, the Commissioners are au- law in England. thorized to order any sum to be paid out The impolicy of the old apprentice of the estate for the use of the apprentice laws as they existed in France and Engwhich they may think reasonable. A land has been shown by many writers duty on apprentices' indentures, varying (Droz, Economie Politique, p. 114, &c.; with the premium, was first imposed by Adam Smith, Wealth of Nations, book i. 8 Anne, c. 9.

chap. 10). These laws and regulations A master may by law moderately chas- were either part of the system of guilds, tise his apprentice for misbehaviour; but or were made in conformity to the objects he cannot discharge him. If he has any of such system. Adam Smith says that apcomplaint against him, or the apprentice prenticeships were “altogether unknown against his master, on application of either to the ancients ;” and “ the Roman law is party to the sessions, by 5 Eliz. C. 4, or to perfectly silent with regard to them.” two justices in the case of a parish ap- This may be so: but as the guilds or prentice, by 20 Geo. II. c. 19, and companies in Rome (collegia) were very other acts, a power is given to punish or numerous, it is possible that they had for to discharge the apprentice, and in some their object to limit the numbers of those cases to fine the master. If any appren- who should practise their several arts and tice, whose premium does not exceed 10l., mysteries; and apprenticeships might be run away from his master, he may be one mode of effecting this, though it is true, compelled (6 Geo. III. c. 25) to serve be- as Adam Smith observes, that there appears to be “no Greek or Latin word which ex- | prenticeship in various trades will, as presses the idea we now annex to the word already observed, be regulated by custom, apprentice, a servant bound to work at a but it cannot remain unaffected by the particular trade for the benefit of a mas- general principles of the demand and ter, during a term of years, upon condi- supply of labour. tion that the master shall teach him that In most professions of the more liberal trade.” It has been observed on this, that kind there is in England no contract of such a word could not have been required, apprenticeship; the pupil or learner pays when nearly all who worked for a master a fee, and has the opportunity of learning were slaves. But if many or most of the his teacher's art or profession if he pleases. workmen were slaves, the masters were Thus a man who intends to be called to not, and the members of the companies the bar pays a fee to a special pleader, a could not be slaves. Adam Smith asserts conveyancer, or an equity draftsman, and that long apprenticeships are altogether has the liberty of attending at the chamunnecessary; and he affirms that “the bers of his teacher and learning what he arts which are much superior to common can by seeing the routine of business and trades, such as those of making clocks assisting in it. But he may neglect his and watches, contain no such mystery as studies, if he pleases, and this will neither to require a long course of instruction.” concern his master, who can very well But in this and other passages, he rather dispense with the assistance of an ignounderrates the time that is necessary for rant pupil, and gets the money without attaining sufficient expertness in many giving anything for it, nor the public. arts, though he truly observes that agri- For though the barrister is admitted by culture, in which our law never required the inns of court without any examinaapprenticeship, and in which apprentice- tion, and may be utterly ignorant of his ship is little in use, and “ many inferior profession, no mischief ensues to the pubbranches of country labour, requires much lic, because the rules of the profession more skill and experience than the greater do not permit him to undertake business part of mechanic trades.Wherever without the intervention of an attorney the law allows the contract of appren- or solicitor, and no one would employ ticeship to be unrestrained, its terms will him without such intervention. But the be regulated by custom, which though it attorney or solicitor is required by act of may be sometimes unreasonable or ab- parliament to serve a five years' appren. surd, must finally adapt itself to true ticeship, the reasons for which are much principles in a country where industry is diminished since the institution of an free and wealth is consequently accumu- examination by the Incorporated Law Solating. Those who have an art, mystery, ciety in Chancery Lane, London, before craft, or trade to teach, and can teach it he can be admitted to practise. Indeed well, and give a youth every opportu- a part of the time which is now spent in nity of learning it sufficiently, will always an attorney's office would be much better be sought after by parents and guardians spent at a good school, and would perof children in preference to other masters, haps cost the parent or guardian as little. and the terms of the contract will be less There is frequently a fee paid with an favourable in a pecuniary point of view to apprentice to an attorney or solicitor, and the parent or guardian than in cases where there is a stamp duty of 1201. on his inthe master cannot offer those advantages. dentures; so that it is probable that the The good master may require a sum of raising of revenue was one object in legismoney with the apprentice, and may re- lating on this matter. Persons who pracquire his services for a longer period than tise as physicians serve no apprenticeship, is necessary for him to master the mystery, but they are subjected to examinations ; craft, or trade. In other cases a master all persons who practise as apothecaries may often be glad to get an apprentice, must serve a five years' apprenticeship. that is, in other words, a servant, for as long The reasons for this apprenticeship also a time as he can, and without requiring are much diminished by the institution of any money with him. The contract of ap-' examinations, at which persons are rejected wlio have not the necessary knowledge, tract is left free by the law, it will depend though they have served the regular on many circumstances, whether the period of apprenticeship. If the exami- master will be content with such a period; nation of the attorney and apothecary he may require either more money with is sufficiently strict, that is a better gua- the apprentice and less of his service, or rantee for their professional competence less of his money and more of his serthan the mere fact of having served an vice. This is a matter that no legislator apprenticeship. Yet the apprenticeship can usefully interfere with. But when is some guarantee for the character of boys leave home at an early age, and are the apothecary and solicitor, which the sent to learn an art, it is necessary that examination alone cannot be, for a youth they should be subjected to control, who has much misconducted himself and for a considerable period. They during his apprenticeship cannot receive must learn to be attentive to their busithe testimonial of his master for good ness, methodical, and well-behaved; and conduct, and he is liable to have his in- if their master sets them a good example, dentures cancelled. The attorney and the moral discipline of a boy's apprenticeapothecary belong to two classes whose ship is useful. If the master does not services are constantly required by the set a good example, the effect will be public, who have little or no means of that he will not be so likely to have apjudging of their professional ability. A prentices; for an apprenticeship partakes man can tell if his shoemaker or tailor of the nature of a school education, an uses him well, but his health may be education in an art or mystery, and a preruined by his apothecary, or his affairs paration for the world; and a master who damaged by his attorney, without his can best prepare youths in this threefold knowing where the fault lies. There is way is most likely to have the offer of no objection, therefore, to requiring ap- apprentices. prenticeship or any other condition from APPRISING. [ADJUDICATION.] an attorney or apothecary which shall APPROPRIATION. {Advowson.] be a guarantee for his professional com- APPROVER. By the old English petence, but nothing more should be law, when a person who had been arrequired than is necessary, and it is gene- rested, imprisoned, and indicted for trearally agreed that an apprenticeship of five son or felony, confessed the crime charged years is not necessary. If, however, the in the indictment, and was admitted by law were altered in this respect, it is very the court to reveal on oath the accompossible that the practice of five years' plices of his guilt, he was called an apapprenticeship might still continue; and prover. there would be no good reason for the The judge or court might in their dislaw interfering if the parties were willing cretion give judgment and award executo make such a contract.

tion upon the party confessing, or admit In all those arts, crafts, trades, and him to be an approver. In the latter mysteries which a boy is sent to learn at case a coroner was directed to receive an early age, a relation analogous to that and record the particulars of the apof master and servant, and parent and prover's disclosure, which was called as child, is necessary both for the security appeal, and process was thereupon issued of the master and the benefit of the boy. to apprehend and try the appellees, that Adam Smith speaks of apprenticeship as is, the persons whom the approver had if the only question was the length of named as the partners of his crime. time necessary to learn the art or mystery As the approver, in revealing his acin. If parents can keep their children complices, rendered himself liable to the at home or at school till they approach punishment due to the crime which he man's estate, the control created by the had confessed, and was only respited at contract of apprenticeship is less neces- the discretion of the court, it was consary, and the term for serving a master sidered that an accusation, made under need not be longer than is requisite for such circumstances, was entitled to pecuthe learning of the art. Still, if the con- | liar credit, and the accomplices were therefore put upon their trial without the Most matters actually in controversy intervention of a grand jury.

between private persons may be referred Here, however, as in other appeals to arbitration; but an agreement to refer [APPEAL), the parties accused by the any differences which may hereafter arise approver were allowed to choose the is not binding, for the parties cannot be mode of trial, and the approver might be compelled to name an arbitrator. But an compelled to fight each of his accom- agreement may be made to refer any displices in succession. But, unlike an ap- pute that may arise to arbitration, with a peal by an innocent person, the prosecu- condition of certain penalties, to be paid tion at the suit of an approver might be by the party who shall refuse to agree in defeated and discharged by a pardon the appointment of an arbitrator. No granted by the king either to the ap- injury can be the subject of an arbitration, prover or to the appellee.

unless it is such as may be a matter of If the approver failed to make good his civil controversy between the parties : a appeal, judgment of death was given felony, for instance, which is a wrong, against him. If he succeeded in convict- not to the party injured merely, but to ing the appellee, he was entitled to a society in general, cannot be referred. small daily allowance from the time of There are no particular qualifications being admitted approver, and to a pardon required for an arbitrator. In matters of from the king.

complicated accounts, mercantile men are The appeal by approvers had become usually preferred. In other cases, it is obsolete before the abolition of it by par- usual to appoint barristers, who, being liament; and the present practice is to accustomed to judicial investigations, are prefer a bill of indictment against all par- able to estimate the evidence properly, ties implicated in the charge, except the to confine the examination strictly to approver, and to permit the criminal who the points in question, and, in making confesses his guilt to give evidence against the award, to avoid those informalities his companions before the grand jury. If for which it might afterwards be set upon the trial the demeanour and testi- aside. Both time and expense are thus mony of the accomplice are satisfactory saved by fixing on a professional arbito the court, he is recommended to the trator. Any number of persons may be mercy of the crown. (See 2 Hawk., Crown named as arbitrators: if the number is Law, ch. 24.)

even, it is usually provided that, if they ARBITRATION is the adjudication are divided in opinion, a third person upon a matter in controversy between shall be appointed, called an umpire, to private individuals appointed by the par- whose sole decision the matter is then ties. This mode of settling differences referred. is very frequently resorted to as a means A dispute may be referred to arbitraof avoiding the delay and expense of an tion, either-1. When there is an action action at law or a suit in equity. It has or suit already pending between the parthe advantage of providing an efficient ties relating thereto, or—2. When there tribunal for the decision of many causes is no such action or suit. -such, for instance, as involve the ex- 1. In the former case, the parties to the amination of long and complicated action or suit, if sui juris, are in general accounts,—which the ordinary courts are, competent to submit to arbitration. The from their mode of proceeding and the reference may be made at any stage of the want of proper machinery, incompetent proceedings: if before trial, it is effected to investigate.

by a rule of the court of law or an order The person appointed to adjudicate is of the court of equity in which the action called an arbitrator, or referee. The or suit is brought; if at the trial, by an matter on which he is appointed to adju- order of the judge or an order of Nisi dicate is said to be referred or submitted Prius, either of which may afterwards be to arbitration. His judgment or decision made a rule of court. The usual mode is called an arbitrament, or, more usually, of proceeding in a case referred to arbian award.

tration where an action is pending, is for


the parties to consent that a verdict shall | expenses in the same manner as at a trial. be given for the plaintiff for the damages And where the order requires the witlaid in the declaration, subject to the nesses to be examined upon oath, the araward of the arbitrator.

bitrator is by the same statute authorized The person named as arbitrator is not to administer an oath or affirmation, as bound to accept the office, nor, having the case may require; and any person accepted, can he be compelled to proceed who gives false evidence may be indicted with it. In either case, if the arbitrator for perjury. refuses or ceases to act, the reference is The extent of an arbitrator's authority at an end, unless the contingency has depends on the terms of the reference : it been provided for in the submission, or may either be confined to the action pendunless both parties consent to appointing between the parties, or it may include some other person as arbitrator in his any other specified grounds of dispute, or stead.

all disputes and controversies whatever The order of reference usually pro-existing between them at the time of the vides that the award shall be made within reference. Where the matters referred a certain period; and if the arbitrator to him are specified, it is his duty to delets the day slip without making his cide upon them all ; where they are not award, his authority ceases, but a clause specified, it is his duty to decide upon has usually been inserted to enable the as many as are laid before him. In no arbitrator to enlarge the time; and now, case is an arbitrator authorized to adjuindependently of any such clause, the dicate upon anything not comprehended court, or any judge thereof, is, by the in the reference; such, for instance, as late statute for the amendment of the any claims or disputes which may have law (3 & 4 Will. IV. c. 42), empowered arisen after the reference was made, or, to do so. The authority of an arbitrator where the reference is specific, anything ceases as soon as he has made or declared not expressly included in it. his award. After this (even though it be An arbitrator being a judge appointed by before the expiration of the time ap- the parties themselves for the settlement pointed) he has no longer the power even of their differences, his decision on the of correcting a mistake.

merits of the case submitted to him is When the arbitrator has accepted his conclusive. But if his award be partially office, he fixes the times and place for the or illegally made, the superior courts parties to appear before him. Each of have the power of setting it aside, upon them furnishes him with a statement of application being made within reasonable his case, which is usually done by giving time. This happens either, 1. where the him a copy of the briefs on each side; award is not co-extensive with the arbiand on the day appointed he proceeds to trator's authority; or, 2. where it appears hear them (either in person, or by their on the face of it to proceed on mistaken counsel or attorneys), and to receive the views of law, or to fail in some of evidence on each side, nearly in the same the qualities required for its validity ; manner as a judge at an ordinary trial : or, 3. where any misconduct has been but he is frequently invested by the order committed. This may happen in two of reference, with a power of examining cases : Ist, where the arbitrators have the parties themselves.

been guilty of corruption or other misbeNo means existed of compelling the haviour, as, if they have proceeded to arattendance of witnesses, or the production bitrate without giving notice of the meet of documents, before an arbitrator, until | ing, have improperly refused to receive the statute 3 & 4 Will. IV. c. 42, au- evidence, or committed any other gross thorized the court or a judge to make an irregularity in practice : 2ndly, where it order to that effect; disobedience to which is proved that the arbitrator has been order, if served with proper notice of the misled by fraud used by either of the time and place of attendance, becomes a parties. Where an award is absolutely contempt of court. The witnesses, thus void, as where it is made after the aucompelled to attend, are entitled to their I thority of the arbitrator has ceased, it is

« ForrigeFortsett »