Apprenticeship

contracts, is a contract entered into between a person who understands some art, trade or business, and called the Master, and another person 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. The term during which the apprentice is to serve is also called his apprenticeship. Pardessus Dr. Com. n.

34.

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 variduties of the parties are as follows: Ist, 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 cannot 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. After the apprenticeship is at an end, he cannot retain the apprentice on the ground that he has not fulfilled his contract, unless specially authorised by the statute.

2d.

Duties of the Apprentice. On his side, the apprentice is bound to obey his master in all his lawful commands, take care of his property, and promote his interest, endeavour to learn his trade or business, and perform all the covenants in his indenture not contrary to law. He cannot leave his master’s service during the term of the apprenticeship.

See, generally, 2 Kent, Com. 211-214; 4 Bac. Ab. 557; 1 Saund. R. 313, n. 1, 2, 3, and 4; 3 Rawle R. 307; 3 Vin. Ab. 19.

In Pennsylvania the courts of quarter sessions and the mayors’ court3, and the court of criminal sessions for the city and county of Philadelphia, have jurisdiction in apprentice cases, and can rescind the contract and cancel the inden- Pardessus, Droit Commerce. n.

518— 022.