Of he or they had been originally nominated and apptd And whas the sd (resigning trustees) are desirous to Trustees. give up and be dischagd from the trusts reposed in them by the sd in pt recited indre And whas the sd (OT) at the request of the sd (H) and M his wife and on the acceptance of the sd (NT) have agd to appt them the sd (NT) in the place and stead of the sd (resigning T) in the manner hnaftr mentd Now this Indre witnesseth that in and by virtue and in exercise of the power and authority to the sd (H) and M his wife for that purpose in and by the sd in pt recited indre given and reserved they the sd (0 †) by and with the consent and approbation of the sd (H) and M his wife testified by their being parties to and signing and sealing these prests nominate and appt the (NT) to be trustees in the room and stead of the sd (RT) to act with the sd (O T) in the trusts mentd and decld in and by the hnbefe recited indre of settlmt And they the sd (OT) do direct and appt and they the sd (H) and M his wife do also direct and appt the sd (R T) to make and join in making such transfer and transfers of the sd trust preses as shall or may be necessy or requisite for vesting the sd preses in the sd (NT) jointly with the sd (OT) Upon the Trusts and for the intents and purps and under and subject to the provos and agts in and by the sd hnbefe recited indre of settlement expssd and decld of and concerning the same or such of them as are now existing undetermined and capable of taking effect or as near thereto as may be. (a) In Witness, &c. (a) The conveyance to the new trustees may be made by a further testatum, if of freeholds, as follows: And this Indre furr Witnesseth That for the purpose of vesting the sd lds and heredts in the sd (new trustees) in pursuance and for the purps of the sd in pt recited, &c. They the sd (OT) in conson of 5. pd to them by the sd (NT) Have at the request and by the direction and apptmt of the sd (H) and M his wife testified, &c. bargained sold released and conveyed and by these prests Do bargain, &c. and also in conson of 5s. pd to the sď (H) and (M) his wife by the sd (NT) They the sd (H) and M his wife Have and each of them Hath granted bargained sold released and confirmed and by, &c. Do and each of them Doth unto the sd (NT) in their actual posson, &c. and to their hrs and ass All, &c. To Have and to Hold the sd messes, &c. unto the sd (NT) to the use of the sd (0 and NT) upon and for such trusts ends intents and purps and subject to such powers provos agrts and indemnities as in and by the sd in pt recited indre, &c. are expssd and decld of and concerning the same to and for the end intent and purpe that they the sd (NT) may be enabled to perform and exte all such trusts and exercise all such powers as were and are in and by the sd in pt recited indre vested in and granted to the sd (OT) so far as the nature and circumstances of the case will permit And the sd (OT) and each of them, &c. doth severally, &c. covenant that they have done no act to eu What it is. Qualifica tion to be an apothecary. Articles of apprenticeship to be by indenture. 108 APPRENTICESHIP. § 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. Inhab. of Rainham, 1 E. 531; Chitt. on App. 24. 2. By the 5 Eliz. c. 11, all persons are prohibited from following any trade, who have not served an apprenticeship of seven years; but this, and other regulations respecting the qualifications of persons entitled to take and become apprentices, &c. have since been repealed; first by the 18 Geo. III. c. 47, in regard to the sons of freemen, and more particularly by the 54 G. III. c. 96. Other statutes have likewise been passed, relative to apprentices to particular trades and professions. The 32 G. III. c. 57; 59 G. III. c. 66; 60 G. III. c. 5, and 3 & 4 W. IV. c. 103, contain many regulations for the purpose of preserving the health and morals of the children put apprentice in the cotton and other manufactories. The 28 G. III. c. 48, and 56 G. III. c. 139, authorize church-wardens and overseers, under certain restrictions, to put out poor children to chimney sweepers. The 3 G. IV. regulates the number of apprentices to be taken by the masters of vessels. By the 55 G. III. c. 194, and 6 G. IV. c. 133, no person shall be admitted to any examination for a certificate of his qualification to act or practice 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 Precedent.) 3. One cannot be bound an apprentice without deed. 1 Salk. 68. By the 5 Eliz. c. 5, articles of apprenticeship are required to be 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. Although the 31 G. II. c. 11, 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. v.769. By the 8 Anne, c. 9, s. 35, indentures must bear date the day they are executed. cumber.' If the trust be as to leaseholds or other personalty, then, by a further testatum, the estate may be assigned by the old trustees, to a nominal trustee To Hold unto the sd (7) for all the residue of the sd term, &c. Upon Trust nevss that he the sd (7) shall forthwith reassign and transfer the sd messe, &c. unto the sd (N and OT) their, &c. to be held by them and the survor of them, &c. upon the trusts and to and for the intents,' &c. as above. And a reassignment by the nominal trustee in the usual terms, may be indorsed on the deed. If it be as to money in the funds, then, after reciting that the Bank Annuities in settlement have been transferred into the names of the new trustees, &c. say, That this Indre furr Witnesseth that it is hby covtd concluded decld and agd by and betn the pties hto and in parlar by and in behalf of the sd (NT) that the sd principal stock or sum of £3 per cent., &c. hnbefe mentd to be transferred unto and to be now standing in the jt names of the sd (0 and NT) was so transferred unto them and that they the sd (O and NT) their exs and ads shall and will henceforth stand and be possessed of and interested in the same upon the trusts and to and for the ends, &c.' as above. 4. In London, and some other places, the indentures must be enrolled before the chamberlain within a year, and the apprentice must be present at the enrollment and acknowledge them. Bac. Abr. Mast. and Ser. A. 1 Mod. 271. Apprenticeship. 5. By the 55 G. III. c. 184, indentures of apprenticeship must be Stamp. impressed with the following stamp duties. If the premium be under 301., 1.; if 30l. and under 507., 27.; if 507. and under 100., 31.; if 1007. and under 2001., 61.; if 2001. and under 3007., 127.; if 300%. and under 400., 204.; if 4004. and under 5007., 217.; if 500%. and under 600, 50%.; if 600l. and under 10007., 50.; if 1000. and upwards, 607.; and where there is no premium, and the instrument contains no more than 1080 words, I.; and if above that number of words, 17. 15s.; and if there be two parts of the indenture, the one shall bear the above-mentioned duty, which shall belong to the apprentice, and the counterpart, a duty of 1. 15s. only. Indentures for placing out poor children apprentices, are exempt from all stamp duties. The premium actually paid must, by the 8 Anne, c. 9, s. 39; 20 G. II. 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 Keynsham, 5 E. 309. 6. At common law, no person under the age of 21 can bind himself, Infant not for an infant can be bound by no covenant, except by the custom to be bound. of London, where an infant above the age of 14 may bind himself to a freeman, and it shall be as binding as if he were of full 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 21. Exparte 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 Apprenticethe apprentice. Hob. 134; Peck's Case, 1 Salk. 66; or, in the case of ship how parish apprenticeships, by 2 & 3 Anne, c. 6. By the custom of Lon- assignable. don, the executors of the master are bound, in case of his death, to place the apprentice with another master; Peck's Case, 1 Salk. 66. 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. Chitt. 85. Ex parte Sandby, 1 Atk. 149. A master is entitled to the whole of the time of the apprentice, unless it be otherwise covenanted. Thompson v. Havelock, 1 Campb. 527. Indentures of Apprenticeship. in, Master covenants to This (a) Indenture made the day (b) of (a) When a deed indented necessary, see Pref. § 3. (c) As to apprentice being a party, § 6. (d) As to the stamp, &c. § 5. L teach. Apprenticeship. And give board, &c. covenants to serve. 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 yrs 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 thing relating thereto And also shall and will during the sd term find and provide the sd (4) with good and sufficient diet lodging and washing fit for an apprentice (b) And the sd (F) and the sd (A) for Apprentice 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 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 (4) with suitable clothes both linen and woollen and all or. necessaries except board lodging and washing (d) And it is hby decld and 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 the exs and ads of the sd (M) shall pay the sum of £— out of the sd sum of £ And lastly for the true performance, &c. (Penal clause, page 17.) Father agrees to find clothes. In case of master's death part of the fee to bel repaid. Qualifica tion to be an articled clerk. Articles of Clerkship to an Attorney. Obs. 1. By the 2 G. II. c. 23, no person shall act as an attorney until he has served a clerkship of five years to the profession; and by the 22 G. II. c. 46, he must continue and be actually employed by such attorney or solicitor. If, therefore, he served but a (a) Force of this word, see § 1. or attend on (b) If the apprenticeship be to a profession, as a surgeon, say, 'And moreover shall and will permit and allow the sd (4) to walk days in the week or oftener if needful the hospital of at or attend any other lectures upon medicine surgery, &c. As to the medical profession, see § 2. (c) As to this clause, see § 6. (a) As to the death of the master, see § 7. small portion of his time with another attorney or solicitor (not Articles being regularly assigned to him) it has been held not to be a suffi- of Clerkcient serving under articles, 7 T. R. 456; unless that attorney be the agent of the master, and then by a rule of court of K. B. Tr. 31 ship. 2. By the 34 G. III. c. 14, articles of clerkship must be enrolled within six months after the date, with the affidavit of the due execution at the same time. See further, as to articles of clerkship, Affidavits. 3. The stamp on articles of clerkship is 1207. and on the coun- Stamp. terpart. 1. 15s. 4. As to the affidavit of the execution of articles of clerkship, see Affidavits. Clerk cove nants to serve. Articles of Agreement, &c. Betn (master) of, &c. gent. one of the atties of his Majesty's courts of K. B. and C. P. at Westminster solicitor in the high court of Chancery of the one pt and (father) of, &c. and (clerk) son of the sd (F) of the or. pt Witness That the sd (C) of his own free will and by and with the consent and approbation of the sd (F) his father hath put placed and bound himself and by these prests doth, &c. clerk to the sd (M) to serve him from the day of the date hereof for and during and until the full end and term of five years from hence next ensuing and fully to be complete and ended And the sd (F) doth for himself his hrs exs and ads covt promise and agree with and to the sd (M) his exs ads and ass in manner following that is to say That the sd (C) shall and will well and faithfully serve the sd (M) as his clerk in the profession of an attorney at law and solicitor in Chancery from the day of the date hereof for and during the sd term of five yrs and that he the sd (C') shall not at any time during the sd term of five yrs cancel obliterate spoil destroy waste embezzle spend or make away with any of the books papers writings monies stamps or other property of the sd (M) his exs ads or ass or any of his clients or employers which shall be deposited in his hands or entrusted to his custody or posson or to the care custody or posson of the sd (C) and that in case the sd (C) shall act contrary to the last mentioned covt or if he the sd (M) his exs ads or ass shall Father to sustain or suffer any loss damage or prejudice by make good the misbehaviour or neglect of the sd (C) he the any da sd (F) his exs or ads shall make good and reimburse him the sd (M) the amount and value thof And furr that he the sd (C) shall and will from time to time Not to destroy books or papers. mage. |