indentures voidable, I cannot conceive that the apprentice's running away can avoid them here he would make use of his offence in order to avoid the punishment that attends it; but it is too late to do it before a justice-when charged with a crime. Willes and Ashhurst were of the same opinion. The King against Evered, Caldecot's Cases, 26. And again in Ashcroft v. Bertles, Ea. Ter. 36 Geo. 3, it was decided that the mere act of leaving a master's service, is not an avoidance of the indentures, even though the apprentice be of age. It was an action for enticing away and harbouring an ap prentice, who on attaining the age of 21 had eloped and en tered into the service of another master: the plaintiff obtained a verdict, and upon a motion for a new trial, it being insisted that here the apprenticeship was put an end to, by the young man's quitting his master's service not secretly or fraudulently, but openly and avowedly, for the purpose of dissolving the relation between them, the COURT declared themselves perfect. ly satisfied with the verdict; and said, that supposing the inden tures to be voidable the mere act of quitting the master's ser vice was not an avoidance of them. 6 Ter. Rep. 652. So where upon an habeas corpus to bring up the body of an apprentice who had bound himself at the age of 18 years to serve till 25, and who after he was 21 years of age had been committed to the house of correction upon a conviction befor two justices of the peace on the Stat. 20 Geo. 2. c. 19, for misdemeanor in absenting himself as an apprentice from his master's service, the court held that they could do no other wise then remand the party, he being in execution under a regular conviction: for they observed, that although when he came of age, he had elected to avoid the indentures, after which the offence imputed had been committed, this was proper mat ter of defence to be shewn to the justices below, and if they had disregarded it the party had a remedy against them, and upon this ground they decided that they could not direct that th apprentice should be discharged from his indentures. Er part Gale, Eas. Ter. 46 Geo. 3. 7. East's Rep. 377. Smith's Rep. 369 It therefore seems to be now settled that if the apprentice, afte coming of age is desirous of vacating the indentures,and the maste refuses, he must proceed to avoid the same by an habeas corpus directed to the master to bring him up in order to be discharged for where one Mary Ann Davis had bound herself as an appren tice for seven years, being in the indentures described as of the ag of 14, but in fact being above 17 at the time of the binding,hav ing now attained 21 years and upwards, an habeas corpus wa moved for to bring her up in order to be discharged from thes subsisting indentures of apprenticeship, THE COURT wer clearly of opinion, on her being brought up in the custody her master, that infants cannot be bound by indentures of a prenticeship beyond 21, but that they may depart from the Mary Ann after they arrive at that age*: they therefore discharged this 558. But it is clear that the indentures may be cancelled, and the apprenticeship dissolved with the consent of all parties: name. ly if the apprentice is under the age of twenty-one,by an agreement between the master, apprentice, and father, or guardian, or in the case of a parish apprentice with the assent of the parish officers; but if the apprentice is of full age it may be dissolved by an agreement between him and the master only, without the intervention of any other persons. Burrow's Sett. Cases 441. 562. 766. And where a master received money of an apprentice of full age, to vacate his indentures, and gave the apprentice a discharge under his own hand, but kept the indenture in his own possession without cancelling it, the court held, though the indenture did remain in the master's hands uucancelled, yet the relationship between him and the apprentice was dissolved, and that the apprentice might have brought an action against him. for it. Caldecot's Cases 32. K. v. Justices of Devonshire. III. Persons allowed to take apprentices. By 5 Eliz. c. 4, Every householder using half a plongh Apprentices ig landin tillage, may have as an apprentice any person above husbandry. 'the age of ten years, and under eighteen, to serve in husban'dry until twenty-one at the least, or twenty-four as the par. 'ties can agree and the said taking of an apprentice to be by indenture.' s. 25. rate. Every householder twenty-four years old, dwelling in any In cities and city or town corporate, and using any art, mystery, or towns corpo 'manual occupation there, may have the son of any freeman 'not occupying husbandry, nor being a labourer, and inhabiting in any city or town corporate, to serve and be bound 'as an apprentice, after the custom of London, for seven years Were it otherwise an infant who improvidently bound himself till the age of 50 or upwards, would be bound to serve till that time a proposi tion too absurd to be supported, Per Lord Kenyon, Ch. J. in the same + That is 251. per annum, Dalton, ch. 58. case. T1 towns not corporate. In any places whatever. at the least, so as the term do not expire before he be of the age of twenty four years.' s. 26. But it shall not be lawful for any person dwelling in any city or town corporate, being a merchant trafficking beyond sea, mercer, draper, goldsmith, ironmonger, embroiderer, 'or clothier, to take any apprentice, except his son, or else 'that the father and mother of such apprentice shall have lands of the yearly value of 40s. of freehold, to be cer 'tified of three justices, to the mayor or head officers of that city, and to be inrolled among the records there.' s. 27. Every householder twenty-four years old, and not occupying husbandry, nor being a labourer, dwelling in any town not corporate, that is, a market town, and using any art, mystery, or manual occupation, may have the child of any other artificer not occupying husbandry, nor being a labourer which shall inhabit any such market town within the same shire, as an apprentice to any art usually exercised in such town.' s. 28. But it shall not be lawful to any person, dwelling in such market town, being a merchant trafficking beyond sea, 6 mercer, draper, goldsmith, ironmonger, embroiderer, or clothier, to take any apprentice, or instruct any person, except his son, or the father or mother of such apprentice shall have lands of the yearly value of 31. of freehold, to be 'certified under the hands and seals of three justices, to the head officers of such market town, there to remain of record.' 8. 29. Any smith, wheel-wright, plough-wright, mill-wright, carpenter, rough-mason, plasterer, sawyer, lime-burner, brickmaker, bricklayer, tiler, slater, helier, tile-maker, linenweaver,turner, cooper, miller, earthen-potter, woollen weaver, 'weaving housewives or household cloth only, fuller, burner of 6 oare and wood-ashes, thatcher or shingler, wheresoever he shall 'dwell, may receive the son of any person as apprentice.' 8. 30. This act shall not be prejudicial to the cities of London and Norwich for the having of apprentices.' s. 40. And all indentures, covenants, promises, and bargains for taking or keeping of any apprentice, otherwise than by this statute limited, shall be clearly void: and every person that . These certificates were not much in use even when Dalton wrote: but now they are wholly disused; neither is there regard had of the abilay of the parents, whose children are placed to any trade whatever, Shaw's Jus. €7. And from the whole act it appears that it was originally framed to encourage husbandry, and restram iliose persons whose situations in life ill qua Jified them for commercial pursuits, from becoming apprentices to trades, to the prejudice of agriculture. shall take any apprentice contrary to this act shall forfeit 107. 1.41; half to the crown, and the other to him that shall sne in any court of record, or in the sessions. s. 29; and if in any town corporate, to be levied and employed according to the 'charter.' s. 45. But the regulations between the 26th and 41st sections, con. cerning what sort of persons shall take apprentices, and what not, are now obsolete, and never regarded. And it seems, that although the 41st section declares, that all indentures made contrary thereto shall be void, yet the same are not absolutely void, but only voidable by the parties themelves, if they think fit to take advantage of the irregularity; for if so strict a construction was to be held, that every indenture of apprenticeship shall be absolutely void, where every circumstance of the directions of that act is not exactly pursued, it would be attended with very great inconvenience: for there are a vast many qualifications that are mentioned in the act of 5 Elt. which are now disregarded; and if the want of any one of those qualifications would render the indenture absolutely void, it would be doubtful whether any one settlement, under an indenture of apprenticeship, has been gained for many years past; and there are many instances where the strict words of statutes seem to make things nullities; notwithstanding which they must be regularly avoided before they shall be absolutely considered as such, particularly where a previous sentence of excommunication is requisite; though a statute says that the person shall be ipso facto excommunicate; and it would be inconvenient to admit too rigid a construction of the 41st clause ich seems to be a law more beneficial to corporations than to the public in general; and which has not been much regarded or favoured. Burrows, Sett. Cases 91. All persons that have three apprentices in the occupations of a cloth-maker, fuller, sheerman, weaver, taylor, or shoe* maker, shall keep one journeyman, upon pain of 10. s. 33; half to the crown, and half to him that shall sue in any court of record; or in the sessions. s. 39; and if in any town corporate, to be levied and employed according to the charter.' $.45. This act shall not prejudice any liberties granted by 14 and 15 Hen. S. c. 3, + to the worsted weavers of Norwich.' * s. 34. By 5 Eliz. c. 5, Owners of ships, and every house-holder using the trade of the seas, and every gunner and shipwright, may take and keep apprentices bound for ten years or under, *For striking in a church-yard, under 5 and 6 Ed. 4. c. 6. s. 2. see title CHURCH and CHURCH-YARD. + See woollen un ler title MANUFActures and ManUFACTURERS. Findug out poor children, and such apprentices, being above seven years of age, shall be bound by the covenants according to the custom of London, so that the bond of apprenticeship be by writing indented, and inrolled in the next town corporate to the habitation of the apprentice; and the officer shall not take for such inrol. ment above 12d.' s. 12. IV. The jurisdiction of justices of peace to bind out parish apprentices: 1. Persons compellable to be bound apprentice. By 5 Eliz. c. 4, if any person shall be required by any householder, using half a plough-land in tillage, to be an apprentice in husbandry, or any other art, mystery, or science, before expressed, and shall refuse, upon complaint of such householder made to one justice, or to the mayor, bailiff, or head officer, they may send for the person refusing, and if the justice shall think the person meet to serve, he may if the • person refuse to be bound, commit him unto ward, there to remain until he be contented, and will be bound to serve as an apprentice.' s. 35. But no person shall be bound to enter into any appren ticeship other than such as be under twenty-one.' s. 36. 2. Persons compellable to take apprentices. By 13 Eliz. c. 2. it shall be lawful for the churchwardens and overseers of the poor *, or the greater part of them, by the asscut of any two justices,of the peace (oue Qu.) to bind (1.) The legislature seeing that there were many poor persons who had not the benefit of a parental education, and judging very wisely and humanely the someone y shred take care of chem, directed that they shou'd be under th pionagediert of the churchwardens and overseers of the poor, who are suppo d to have de best opporturi'y of knowing the situation of the pror children .nl nquied the interference of the justious of the peace, as a check on the Juct of 12 churchwardens and overscers, so that it seems the legislater gel all that human wisdom could do by directing the mastrates, with the ukchwerdens and overseers, to do that for the peor children which thei parents comid not du for them. Per Ld. Kenyon in the case of The Kingy * inhabitants of Si, Nicholas in Naglan. 2 Term Rep. 730. And Pa'ten observes that the churchwardens and overseers are prope » Les of persons who are it for masters : and that those are, all persons w ty their profession, or manner of living, have occasion to keep servant Daite, chap. 55. p. 190. (1) Blank indentures, may in general be purchased of an writing stationer, or stamp distributor-the form is as follows THIS Indenture, made the-day of in the you of our Lord Between A B and CD, churchwardens, an |