turning over an appren tice. Assigning and freeman, and such master shall have the same benefit of the apprentice's covenant, as shall the apprentice of the covenants on the part of the master, as if he had been originally bound to him (0). Even justices of the peace, who have power on complaint to discharge an apprentice, cannot turn him over to a fresh master, that being beyond their jurisdiction (p). It is, however, settled, that for the purpose of gaining a settlement, the service of an apprentice under an assignment (g), though not under a new indenture, whilst the first subsists, is sufficient (r); though Lord Kenyon said, "it would, perhaps, have been better to have confined the power of gaining a settlement to service by the original master, but the law is otherwise settled (s). Parish apprentices, however, in case of the death of their master, or during his life, are assignable with the consent of two justices of the peace, by virtue of the 32 Geo. 3. c. 57. s. 7. (s). So an assignment to the sea-service is good by the act of parliament (t); and the stamp acts direct, that when the master has neglected paying the duty in due time, the apprentice, on paying it, shall have the benefit of the time during which he has served, as if he had been assigned or turned turning over over (u). We have seen that the 48 Geo. 3. Assigning and c. 149. regulates the stamp duty on an assign an apprenment, or turning over, or fresh binding of an apprentice (x). tice. III. OF THE DISSOLUTION OF THE APPRENTICESHIP. WE have now to consider the modes in which Dissolution of the apprenthe contract of apprenticeship may be dissolved or ticeship. determined, and which may be by effluxion of time -or by the apprentice's coming of age-or by the bankruptcy of the master-or by death-or by consent or award-or by the interference of magistrates. 1 of time, or age. 1st. The apprenticeship may determine by 1st. Effluxion effluxion of time, viz. at the end of seven years, coming of mentioned in the indenture, or the apprentice may, in some cases, determine the contract on his coming of age. We have seen that by some regulations relative to parish apprentices, they are not bound to serve after they are of age (y). In other cases also of voluntary bindings, though the apprentice himself may have executed the indenture, it has been considered that he is freed from all liability to serve the instant. he comes of age; and in the case Ex parte Davis (≈), Lord Kenyon said, "It (u) 20 Geo. 2. c. 45. s. 7. c. 47. (z) 5 Term Rep. 715. of time, or coming of age. 1st. Efluxion is clear that the apprentice must be discharged; every indenture of an infant is voidable at his election, and in such cases the master must trust to the covenant of those who engaged for the infant. Where the binding is under the authority of an act of parliament, that does away the power of electing to vacate the indenture. But I know of no act which prohibits the party, in a case like the present, to make such election upon coming of age. According to the argument of the counsel against the rule, an infant who improvidently bound himself to the age of fifty, or upwards, would be bound to serve till that time, but it is impossible to support such a proposition. This apprentice ought not to have been bound longer than till she was twenty-one, and we ought now to discharge her;" the other judges concurred. It must, however, be observed that the 5 Eliz. c. 4. s. 36. enacts, "That no person who shall be of full age, shall be compellable to enter into any apprenticeship; yet the 26th and 28th sections appear to require that the apprenticeship shall not determine till the age of twenty-four; and the 13th section enacts, "That apprentices shall be bound for the years in the indenture contained;" and the 18 George 3. c. 47. which enacts, "That parish apprentices shall not be bound to serve after they are of age," does not extend to any other description of apprentices. It has been held, however, that the apprentice ought regularly to declare his intention to annul the contract, and not to absent himself of time, or in a surreptitious manner (a). But this doctrine 1st. Effluxion seems questionable, and in the case of Ex parte coming of Gill (b) the Court observed, that if an apprentice, age when brought before a magistrate, shew that he is of age, and that therefore he absented himself from his master's service, and they disregard such defence, and commit him, he has his remedy against them. However, from the same case it appears, that if the magistrates do convict such an apprentice, and commit him to prison without disclosing, on the face of the conviction, the circumstance of his being of age, the Court of King's Bench have no power to discharge him out of custody upon his being brought up under a writ of habeas corpus; so that the party in such case could only bring his action for the false imprisonment; and therefore an apprentice, who, when he comes of age, is desirous of vacating the contract, should, before he absents himself from the service, give a reasonable notice of his intention to do so. If, however, the apprentice wishes to acquire his freedom in a corporate town, or to be enabled to set up or be legally employed in any trade, he must duly serve out the term of his apprenticeship. It is clear that as an adult is bound by his contract with an infant (c), the master himself cannot, without the concurrence of the apprentice, put an end to the apprenticeship on account of the apprentice having come of age; and if a person of full age bind himself ap (a) See the cases, 1 Nolan. 318, 9. (b) 7 East. 376. (c) 2 Strange. 937, 8. G 1st. Effluxion prentice for seven years, he could not legally va cate his contract (d). of time, &c. 2dly. Bankruptcy and 2dly. The second mode by which the appreninsolvency. ticeship may be effected is by the bankruptcy or insolvency of the master. This, however, being attributable either to the fault or want of care in the master, does not release him from his obligation to instruct and maintain the apprentice, and neither justifies him in turning away the apprentice, or the apprentice for absenting himself without leave (e); and consequently, if the apprentice leave his master he cannot gain a settlement by hiring and service to a fresh master (f). In Beawes Lex Mercatoria (g) it is said, that the commissioners may allow a gross sum out of the estate for binding the apprentice to another master, but that the Court alone can order him to be admitted a creditor; and that accordingly Lord Chancellors King, Talbot, and Hardwicke ordered an apprentice, whose mastér became a bankrupt, to be admitted as a creditor under the commission, on account of the apprentice fee received by the master, only for the remaining sum thereof, after deducting for the time he lived with the bankrupt. And in Ex parte Sandby (h), where the apprentice petitioned the Chancellor, shewing that the bankrupt was incapable of affording instruction, and that the petitioner was unable |