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In the third chapter the service under the indenture is considered, and the rights and liabilities as well of the master as of the apprentice; the law as to assigning or turning over an apprentice, and the dissolution of the apprenticeship, either by the term expiring-by the apprentice's coming of age--by the bankruptcy or insolvency of the master-by death-by consent-by award vor by order of justices. .
The fourth chapter relates to the jurisdiction of justices of the peace and sessions, either to put an end to the contract, or to puvish the apprentice, or to direct a return of the premium by the master,
The fifth chapter contains a comprehensive view of the law relating to the freedom of a corporate town, and to setting up in trade and employing others in it, shewing what trades are within the Statute of Elizabeth-what is a using of a trade-what kind of service as an apprentice is sufficient--what are illegal employments of journey men, and lastly, the modes of proceeding for penalties incúrrred under the Statute, or against bye laws. And the work concludes with an Appendix, containing the Statute 5 Eliz. c. 4. and the forms of indentures and proceedings.
'7'emple, 16th Nov. 1811.
OF THE LAW
A P P RENTICES
SETTING UP TRADES.
, CHAPTER I.
OF THE LAW RELATIVE TO APPRENTICES IN
GENERAL, AND THE IMPOLICY OF THE EXISTING
Before we consider minutely the various legislative provisions relative to apprentices, and which prohibit persons who have not served as such from being employed in trade, it will be proper to take a concise view of the general policy of those regulations, and to point out the injurious consequences which have ensued from their enactment.
It is allowed by every writer on political eco- Impolicy of nomy, that the great object of all rational politics interference. is to produce the greatest quantity of happiness in a given tract of country-that this must be effected by increasing the number of the percipients, provided they be comfortably supported that the way to increase such nuniber usefully and
Impolicy of permanently, is to increase the effective demand interference. 10 ence for labour, which stimulates the improvement of
agriculture and other sources of subsistence; and that consequently it is the duty of every legislator to use those méans which are most conducive to this end (a). The only dispute is as to the means to be adopted. Upon this point the experience of all ages evinces, that every direct interference of the legislature with its subjects, by prohibiting or restraining any particular branch of honest labour, or by encouraging any particular branch at the expense of another, whether in agriculture or in commerce, has in general retarded the advances of public opulence, and that the sound policy of a legislator is not to impose restrictions or regulations upon domestic industry, but rather to prevent them from being imposed by the contrivance or folly of others (b). Where there is a free competition, the labour and the capital of every individual will always be directed by him into the channel most conducive to his own ultimate interest; of that interest each is himself, from a thousand circumstances, the best possible judge; and the interests of the whole community must in general be most effectually insured, when that of each individual is most judiciously consulted; upon this point the opinions of those celebrated writers, Smith, Hume, Paley, and Malthus are uniform (c). Dr. Adam Smith observes, “ that every individual
(a) 2 Paley. Mor. Phil. -3 Hume's list. Eng. 403-4. 345, 346. 2 Malthus. 433. 3 Smith's W. N. 183.-2 2 Smith. 200.
Malthus. 196. (6) Paley. 400.-9 Smith's (c) 2 Smith's W. N. 201.. W.N. 204.5. 201. 125. 118.9. 204,5.