from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
APPRENTICESHIP, 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
fulfill 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 fulfill 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 Servant; 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.