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Meat and drink.
service of his said master he shall not at any time depart or absent himself without his said master's leave;
but in all things as a good and faithful apprentice shall and will demean and behave himself towards his said master and all his during the said term. And the said [master,] for the considerations aforesaid, and of the sum of L. of lawful money of Great Britain to him in hand well and truly paid by the said D. J., the receipt whereof he does hereby admit and acknowledge, doth hereby, for hiniself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said D. J., and also with and to the said S. J., and each of them, and each of their executors and administrators, that he, the said J. A., his said apprentice the said trade or business of
as aforesaid, with all things thereto belonging, shall and will teach and instruct, or otherwise cause to be taught and instructed, for and during the said term; and shall and will also find and allow unto the said apprentice fit and sufficient meat, drink, washing, and lodging, during the said term; and the said D. J. doth hereby, for himself, his heirs, executors, and administrators, covenant and agree with the said J. A., his executors and administrators, that he, the said D. J., shall and will find and provide his said son S. J. with all proper and necessary clothes, and all other necessaries except his board and lodging. And it is hereby declared and agreed by and between the said parties to these presents » that in case the said J. A. shall happen to die within
years from the date hereof, the executors or administrators of the said J. A. shall and will pay or refund unto the said D.J., his executors or administra.
tors, the sum of twenty pounds, out of the said sum Penal clause. of sixty pounds. And for the true performance of
all and every the covenants, provisos, and agree; ments, matters and things herein contained, the said parties hereto bind themselves, and each binds himself to the other, in the sum of one hundred pounds. In witness, &c.
In case of death.
Articles of Apprenticeship, (special Form.) Articles of agreement, indented," made, and con
day of &c., between A. B., (master,) of, &c., of the first part, C. D., (father,) of, &c., of the second part, and E. F., (apprentice,) of, &c., son of the said C. D., of the third part, as follows: (that is to say,) the said A. B., in consideration of the sum of L.
of lawful money of, &c., to him in hand well and truly paid by the said C. D., at or before, &c., the receipt, &c., and also in consideration of the service of the said E. F., to be done and performed to and for the said A. B., and of the covenants and agreements hereinafter entered into by the said C. D. and E. F., he, the said A. B., doth, at the instance of the said C. D., and by and with the consent of the said E. F., (testified by his being a party to and signing these presents,) agree to take and receive him, the said E. F., as his apprentice from the day of the date hereof, for and during the term of next ensuing. And he, the said E. F., hath put and Apprentice
binds himself, placed, and by these presents doth, by and with the consent of the said C. D., (testified by his being a of parent. party to and signing and sealing these presents,) put and place himself to and with the said A. B. to serve him as his apprentice from the date hereof, for the said term of years; and doth hereby promise and engage, that during all the said time he, the said E. F., shall and will faithfully, diligently, and honestly serve him, the said A. B., and obey and perform his And prolawful commands, and shall not nor will absent him- mises to self from the service of his said master without his leave during the said term, nor unduly or negligently spend or waste any of his said master's moneys, effects, goods, or chattels, which shall be in
This precedent may begin by way of indenture : thus, “This indenture, made, &c., between, &e., witnesseth, that in consideration,” &c., (as above.)
the custody of or entrusted to him by the seid A. B., or which shall be delivered or come to the hands of the said E. F., by the order or appointment of the said A. B., or in any other manner on
his account, during the said term ; but shall and And duly will well, truly, and forthwith account for, deliver,
and pay to the said A. B., bis executors, administrators, or assigns, all and every such sum and sums of money, and other things, which he, the said E. F., shall receive, have, or be entrusted with,
or which shall come to his hands or possession for or And well de, on account of his said master. And also shall and mean himself.
will in all things demean and behave himself as a good, true, and faithful apprentice during the said term in all other matters and things wbatsoever.
And the said A. B., in consideration of the premises, Master cove- doth hereby covenant and
agree to and with the said C. D., and also the said E. F. in the manner following: (that is to say,) that he, the said A. B., shall and will
, during the said term of
years, use his best endeavours to teach and instruct, or cause to be taught and instructed, the said E. F., as his apprentice, in the said trade or business, [or profession,] of a and in all things incident thereto. And also shall and will find and provide for him, the said E. F., good and sufficient meat, drink, and lodging, during the
continuance of him, the said E. F., in the service of Covenant by him, the said A. B. And, lastly, the said C. D. doth son's fidelity,
hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said A. B., his executors and administrators, that the said E. F. shall and will faithfully, diligently, and
nants to in. struct.
And find meat, &c.
* If to a surgeon, add here: “ And further, that he, the said A. B., shall and will permit and allow the said E. F., during the last two years of the said term, to resort to and attend, two days in every week, or oftener if requisite, the hospital of, &c., in and for his further and better instruction and improvement." See 55 Geo. III. cap. 194, and 6 Geo. IV. cap. 133, requiring a service of five years to an apothecary previous to being admitted for examination.
honestly serve the said A. B. as his apprentice during the said term. And further, that he, the said And to find C D., his executors or administrators, shall and will, clothes, &c. at his own expense, find and provide, or cause to be found and provided, to and for the said E. F., good, proper, and sufficient clothes, washing, pocket-money, medicines, and medical attendance, and all other necessaries (except as aforesaid) during the said term.
In witness, &c.
An Assignment of Indentures of Apprenticeship.
This indenture, made the, &c., between C.J., of, &c., Parties. linen-draper, (executor of the last will and testament of D. R., late of the same place, haberdasher, deceased) of the first part; C. D., of, &c. gent., and B. D. bis son, of the second part ; and P. T., of, &c., of the third part. Whereas the said B. D. did, of Recital of forhis own free will, by and with the advice and consent mer articles. of the said C. D. his father, by certain indentures of apprenticeship, bearing date, &c., put and bind bimself apprentice to the said D. R., to be taught and instructed in the art, trade, or business of a which the said D. R. then used, and to serve the said D. R. after the manner of an apprentice from thenceforth, for and during and unto the full end and term of seven years from thence next ensuing, and fully to be complete and ended. And whereas Recital of the said D. R. departed this life on or about the,
death, and &c., having first duly made and published his last of his will. will and testament in writing, and thereby appointed the said C. J. sole executor thereof. And whereas the said B. D., at the time of the death of his said master, had served four years and upwards of his said term of seven years. Now, this indenture witnesseth, Witnesseth. that, in order that the said B. D. may serve out the remainder and full term of his said apprenticeship, and be fully taught in the said art, trade, or business of a
according to the purport and intent of the said recited indenture, he, the said C. J., at the request of the said B. D., and by and with the ad
vice of the said C. D., his father, testified by their
being parties to, and sealing and delivering these Assignment. presents, bath, and by these presents doth fully and
absolutely grant, assign, and set over unto the said P. T. all the right, title, interest, duty, service, term of years, and demand whatsoever, which he, the said C. J., hath, or can, or may lawfully have in or to the said B. D., under or by force or virtue of the said recited indenture of apprenticeship, as executor of the said D. R. deceased, or otherwise howsoever.
And the said P. T. for himself, his executors, and from assignee. administrators, doth bereby covenant, promise, and
agree to and with the said C. D., his executors and administrators, that he, the said P. T., shall not only sufficiently teach and instruct, or cause to be taught and instructed, to the best of his abilities and skill, his said apprentice in the said art, trade, or business of a
which he now uses, but also shall and will find and provide for him meat, drink, washing, and lodging, meet and convenient for such apprentice, during all the said term of three years, residue and remainder of the term of seven years, as aforesaid. Ip witness, &c.
Observations on Indentures of Apprenticeship.
The instrument by which the apprentice is bound must be indented ;' and in order to the validity of such indenture, it is necessary where the apprentice is an infant, that the term of apprenticeship should be for a period of seven years at the least, for if the term should be for a less period, the indenture would, under the statute of the 5th Elizabeth, be voidable by the parties to it. No third person, however, can avoid the indenture on that ground, and a settlement
5 Eliz. c. 4, sec. 25, 43; Smith v. Birch, 1 Sess. Ca. 222; 1 Bott. 528; R. v. largrave, 5 T. R. 153.
? Smedley v. Gooden, 3 M. and S. 189; Guppy v. Jennings, 1 Anst. 256 ; Burnly v. Jennings, 6 Esp. Rep. 8.
* Gray v. Cookson, 16 East, 13.,