Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/442

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426
The Rights
Book 1.

reaſonable cauſe to be allowed by a juſtice of the peace[1]: but they may part by conſent, or make a ſpecial bargain.

2. Another ſpecies of ſervants are called apprentices (from apprendre, to learn) and are uſually bound for a term of years, by deed indented or indentures, to ſerve their maſters, and be maintained and inſtructed by them. This is uſually done to perſons of trade, in order to learn their art and myſtery; and ſometimes very large ſums are given with them, as a premium for ſuch their inſtruction: but it may be done to huſbandmen, nay to gentlemen, and others. And[2] children of poor perſons may be apprenticed out by the overſeers, with conſent of two juſtices, till twenty four years of age, to ſuch perſons as are thought fitting; who are alſo compellable to take them: and it is held, that gentlemen of fortune, and clergymen, are equally liable with others to ſuch compulſion[3]: for which purpoſes our ſtatutes have made the indentures obligatory, even though ſuch pariſh-apprentice be a minor[4]. Apprentices to trades may be diſcharged on reaſonable cauſe, either at requeſt of themſelves or maſters, at the quarter ſeſſions, or by one juſtice, with appeal to the ſeſſions[5]; who may, by the equity of the ſtatute, if they think it reaſonable, direct reſtitution of a ratable ſhare of the money given with the apprentice[6]: and pariſh apprentices may be diſcharged in the ſame manner, by two juſtices[7]. But if an apprentice, with whom leſs than ten pounds hath been given, runs away from his maſter, he is compellable to ſerve out his time of abſence, or make ſatisfaction for the ſame, at any time within ſeven years after the expiration of his original contract[8].

3. A third ſpecies of ſervants are labourers, who are only hired by the day or the week, and do not live intra moenia, as

  1. Stat. 5 Eliz. c. 4.
  2. Stat. 5 Eliz. c. 4. 43 Eliz. c. 2. 1 Jac. I. c. 25. 7 Jac. I. c. 3. 8 & 9 W. & M. c. 30. 2 & 3 Ann. c. 6. 4 Ann. c. 19. 17 Geo. II. c. 5.
  3. Salk. 57. 491.
  4. Stat. 5 Eliz. c. 4. 43 Eliz. c. 2. Cro. Car. 179.
  5. Stat. 5 Eliz. c. 4.
  6. Salk. 67.
  7. Stat. 20 Geo. II. c. 19.
  8. Stat. 6 Geo. III. c. 26.
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