tered.

Whenever any such apprentice shall be assigned or bound Assignments over to any other master by virtue of 32 Geo. 3. c. 57, see also to be en page 127, supra, then the overseers or parties to the assignment shall insert the name and residence of the master to whom such apprentice shall be assigned, together with the other particulars, in the book herein directed to be provided and kept; and for non-performance thereof such overseers shall be liable in like manner as if such apprentice had been originally bound to such master. 42 Geo. 3. c. 46. s. 5.

as overseers to

Such persons to whom by different acts the like powers are Persons having given for binding out parish apprentices as are given to the over- like powers seers of the poor, shall be subject to the like pains, penalties, bind out apand forfeitures for non-compliance with the provisions in this prentices, to act, to which overseers of the poor are. 42 Geo. 3. c. 46. s. 5. conform. But persons aggrieved may appeal to the first general quarter sessions to be holden within four calendar months next after the Appeal. cause of appeal shall have arisen, on giving to the person appeal. ed against ten days notice, and of the matter thereof: and such sessions are to hear and determine such appeal in a summary grant costs to either party. 42 Geo. 3. c. 46.

way, and to

s.

6.

Correcting apprentices.

Enticing them away.

No habeas corpus can be is sued at the in

stance of the master, in the case of an ap

10 into the

VIII. The authority of the master over his apprentice, and the interest which he has in his service.

It is clearly agreed, that a master may correct and punish his apprentice in a reasonable manner for abusive language, neglect of duty, or the like; but he cannot delegate that power to another, nor can he justify wounding him. 3 Bacon's Abridg. 566, 567.

And, from the authority which a master hath over a servant, it is held in law, that if a master designeth moderate correction to his servant, and accordingly useth it, and the servant, by some misfortune, dieth thereof, this is not murder, but per infortunium; because the law alloweth him to use moderate correction and therefore the deliberate purpose hereof is not from preconceived malice. 1 Hale's Hist. 454.

But if the master design an immoderate or unreasonable correction, either in respect of the measure or manner, or instrument thereof, and the servant die thereof, this accord. ing to Hale cannot be excused from murder, if done with deliberation and design; nor from manslaughter, if done hastily, passionately, and without deliberation; and herein, says he, consideration must be had of the manner of the provocation, the danger of the instrument which the master useth, and the age or condition of the servant stricken. 1 Hale's Hist.

454.

Also from the interest which a master has in the labour and service of his apprentice, he may maintain an action for enticing or taking him away. 3 Bacon's Abridgm. 567.

But no indictment will lie for such enticing or taking away, for it is not an injury of such a public nature as to maintain an indictment; therefore, the master's remedy is by action; and it is said, that for taking a man's servant out of his actual service an action of trespass will lie; but that for enticing away a man's servaut trespass will not lie, but only a special action on the case. 2 Ld. Raymond 1117.

Nor can the master sue out an habeas corpus against the party, for he can only bring his action against the other for seducing the apprentice. For in the case of the K. v. Reynolds, Mic. Ter. 35 Geo. 3, where a writ of habeas corpus had been issued at the instance of a master to bring up an apprentice, who prentice enter- had voluntarily entered himself as a seaman on board of a ship of war, Lord Kenyon, Ch. J. after argument, said, that the service of ano-writ ought not to have been issued at the instance of the master; but that the apprentice, who was of sufficient age to judge for himself, should have applied for it, if he had wished it. And he observed, that if the apprentice had been taken into the service of any other master, the court would not have granted an habeas corpus at the instance of his first master, but would

ther.

have left him to his action for seducing his apprentice. The writ therefore, having been improperly issued was quashed.

6 Term Rep. 497.

And if an apprentice be impressed into the sea service the Impressing apmaster cannot sue out an habeas corpus to bring him up to be prentices. discharged, though the apprentice may: for the object of such writ is the protection of the liberty of the party grieved, and can only be sued out by him or on his behalf. But the mas ter is not without a remedy, for he may have his action on the case against those who detain the apprentice, after knowing him to be one, even though the apprentice be willing to enter into the king's service. Rex v. Edwards, 7 Ter. Rep. 745. Ex parte, Landsdown, 5 East's Rep. 38, and Eade's v. Vandiput, 5 East's Rep. 39.

But the Lord chief Justice, under an old statute passed in the reign of Hen. 8, has the power of granting warrants for the purpose of bringing up apprentices in this situation ; and Lord Mansfield frequently exercised that power; consequently in this case, though the writ of habeas corpus was quashed, LORD Kenyon declared he should issue his warrant to bring the apprentice before him to be discharged, unless the admiralty agreed to release him. Ibid.

And the master hath such an interest in the labour of his ser- Injuresdone to vant, that, for the battery of a servant, the master as well as ser- the apprentice. vant may bring an action; and each shall recover damages, for both are injured; the servant in his person, and the master by the loss of his servant's labour; and therefore a recovery in an action brought by one of them cannot be pleaded in bar to an action brought by the other, 3 Bacon's Abridg. 568.

But if a man beat another's servant to that degree that he dies thereof, the master loses his action, and must proceed by indict ment; for the private injury to him is merged in the general injury to the public. 3 Bacon's Abridg. 568.

Also the master hath an interest in the labour and acquisitions Master entitled of his servant, and his acts herein are said to be for the benefit of to the acquirethe master; according to the rule, quicquid acquiritur servo, de- ments of his quiritur domino : and therefore the master is by law entitled to apprentice. all the earnings of his apprentice. Co. Litt. 117. a. 1 East's Rep. 601.

Thus, where a waterman's widow took an apprentice who went to sea, and earned two tickets, which came to the defendant's hands, the widow brought trover, and had judgment; for what the apprentice gaits, he gains to his master; and whether legally apprentice or not, is no ways material, for it is enough il he be so in fact. Barber v. Dennis, 1 Salk. 63.

And in a note, in 3 Bacon's Abridg. 559, it is said, That it is a common case for masters to recover the wages carned by runaway apprentices at sea, from the parents or others who re ceive such wages.

VOL. I.

L

Apprentices absenting them

seives, to serve beyond their apprenticeship, for the time of

absence.

Except the master received 10. with such apprentice. Prosecution to h within seven years.

And where an apprentice who had quitted his master's service against his consent, went on board a privateer, which afterwards took a very considerable prize, and the apprentice's share thereof, amounting to 12007. the master claimed; upon a bill filed in chancery by the apprentice, LORD Hardwicke, CANC.. said, that in general the master is entitled to all that the apprentice shall earn; consequently, if he runs away, and goes to a different business, the master is entitled at law to all his carnings; and in this case, there was nothing in equity to relieve. But he said he would send the case to be tried at law, unless they would agree to compound the matter, which he recommended to them, and thought, as the boy's share of the prize was so very large, the balance ought to be in his favour: The master agreed to accept 4501. Hill and Allen, 1 Vezey's Cases 83.

6

And by 6 Geo. 3. c. 25, If any apprentice shall absent himself from his master's service, before the term of his apprenticeship shall be expired, such apprentice shall, whenever he shall be found, be compelled to serve his master for so long as he shall have absented himself, unless he shall make satisfaction to his master for the loss sustained by his absence; and so 'from time to time, as often as any such apprentice shall, without leave, absent himself before the term of his contract be ful⚫ filled and in case such apprentice shall refuse to serve, or to make satisfaction, such master may complain, upon oath, to 6 one justice where he shall reside, who is to issue a warrant for apprehending such apprentice; and such justice, upon hearing the complaint, may determine what satisfaction shall be made; and in case such apprentice shall not give security to make satisfaction according to such determination, such justice may < commit him to the house of correction for not exceeding three months.' s. 1.

• Persons aggrieved by such determination, order, or war'rant of the justice, except any order of commitment, may appeal to the next sessions, giving six days notice to the justice and to the parties, and entering into a recognizance within "three days after such notice, before a justice, with sufficient surety, to try the appeal at, and to abide the order or judgment of, and pay such costs as shall be awarded by, the justices at such 'sessions; which said justices at their said sessions, on proof of such notice given, and of entering into such recognizance, 'shall hear and determine the appeal, and give such relief and costs to either party as they shall judge proper; and their judgment shall be final and conclusive,' s. 5.

But nothing in this act shall extend to any apprentice whose master shall have received with such apprentice the sum of 10. s. 2.

And no apprentice shall be compelled to serve for any time, or to make any satisfaction, after the expiration of seven years next after the end of the term of apprenticeship.' s. 3.

Also nothing in this act shall lessen the jurisdiction of the chamberlain of the city of London, or any court within the 'said city, touching apprentices.' s. 6.

IX. Assigning (VI.) and turning over apprentices to other

masters.

The placing out an apprentice to a particular person arises from an esteem, and the good opinion, of the party to whom he is so committed; that he will not only instruct him in his trade or calling, but will also be careful of his health and safety; and

(VI.) The form of an assignment.

TO ALL to whom these presents shall come: I, F. M of send greeting; whereas my apprentice ▲ A hath several years yet to come and unexpired of his apprenticeship, that is to say whole years from now last past, as by his indenture of apprenticeship to me sealed, reference being thereto had, doth and may appear: NOW KNOW YE, that I the said FM, for divers good causes and considerations me hereunto moving, have given, granted, assigned, transferred, and set over, and by these presents do fully and absolutely give, grant, assign, transfer, and set over unto S M of, all such Tight, title, interest, duty, term of years to come, service, and demand whatsoever, which I the said F M have in or to the said A A, or which I can or may, or ought to have in him by force and virtue of the said indenture of apprenticeship: and moreover I the said F M, do by these presents, covenant, promise, and agree, to and with the said S M, his executors and alministrators, that for and notwithstanding any thing by me the said F M, to be done to the contrary, the said A A shall during the said term of years, well and truly serve the said S M as his master, and his commandments lawful and hoast, shall do, and from his service shall not absent himself during the said term: provided that the said S M shalt well intreat and use him the said A A, and him the said A A, in the craft, mystery and occupation of a, which he the said S M now exerciseth and useth, after the best manner that he can or may, shall teach, instruct and inform, or cause to be taught instructed and informed, as much as thereto belongeth or in any wise appertaineth; and shall also, during the same term, find, provide and allow unto the said A A good and sufficient meat, erink, apparel, washing, lodging, and all other things necesFary or fit for an apprentice. IN WITNESS whereof, I the said Il, have, &c..