Legal Specs

Definition 1

contracts. A contract entered into between a
person who understands some
art, trade or business, and called the
master, and another person commonly
a minor, during his or her
minority, who is called the apprentice, with the
consent of his or
her parent or next friend by which the former undertakes
to teach
such minor his art, trade or business, and to fulfil such
other
covenants as may be agreed upon, and the latter agrees to serve
the
master during a definite period of time, in such art, trade
or
business. In a common indenture of apprenticeship, the father is
bound
for the performance of the covenants by the son. Daug. 500.


2. The
term during which the apprentice is to serve is also
called his
apprenticeship. Pardessus, )Dr. Com. n. 34.


3. This contract is
generally entered into by indenture or deed,
and is to continue no longer
than the minority of the apprentice.
The English statute law as to binding
out minors as apprentices to
learn some useful art,. 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 of the master. He is bound to
instruct the apprentice by
teaching him, bona fide, the knowledge of the
art of which he has
undertaken to teach him the elements. He ought to,
watch over the
conduct of the apprentice, giving him prudent advice and
showing
him a good example, and fulfilling towards him the duties of
a
father, as in his character of master, he stands in loco parentis.
He is
also required to fulfil all the covenants he has entered into
by the
indenture. He must not abuse his authority, either by bad
treatment, or by
employing his apprentice in menial employments,
wholly unconnected with the
business he has to learn. He cannot
dismiss his apprentice except by
application to a competent
tribunal, upon whose, decree the indenture may
be cancelled. But an
infant apprentice is not capable in law of consenting
to his own
discharge. 1 Burr. 501. Nor can the justices, according to
some
authorities, order money to be returned on the discharge of
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 the
apprentice on the ground that he has not fulfilled his
contract, unless
specially authorized by statute.


5. - 2d. Duties of the apprentice.
An apprentice is bound to obey
his master in all his lawful commands, take
care of his property,
and promote his interest, endeavor to learn his trade
or business,
and perform all the covenants in his indenture not contrary to
law.
He must not leave his master"s service during the term of
the
apprenticeship. The apprentice is entitled to payment for
extraordinary
services, when promised by the master, 1 Penn. Law
Jour. 368. See 1 Whart.
113, and even when no express promise has
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 Servabt, 1
Saund. R. 313, n. 1, 2, 3,
and 4, 3 Rawle, R. 307 3 Vin. Ab. 19, 1 Bouv.
Inst. n. 396, et seq.
The law of France on this subject is strikingly
similar to our own.
Pardessus, Droit Com. n. 518-522.


6.
Apprenticeship is a relation which cannot be assigned at the
common law
5
Bin. 428 4 T. R. 373, Doug. 70 3 Keble, 519, 12 Mod. 554, although
the
apprentice 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, in
Pennsylvania and some other states the
assignment of indentures of
apprenticeship is authorized by
statute. 1 Serg. & R. 249, 3 Serg. & R.
161, 164, 166.

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