A P P R E 
appeal to the next feffions, who may award cofts to either 
party not exceeding 40s. to be levied by diftrefs and fide. 
20 Geo. II. c. 19. I.5. And no certiorari (hall ilTue to re¬ 
move any the faid proceedings, f. 6. 
■ If any apprentice in hulbandry, or in any art or occupa¬ 
tion aforefaid, (hall flee into any other fibre, jthe juftices, 
mayors, or other head officers being juftices, may ilfue 
writs of capias to the lherirfs of the counties or other head 
officers of the places whither he fltall fo flee, to take his 
body, returnable before them at what time ihall pleafe 
them; fo that if he come by fitch procefs he may be put 
in prifon, till he find fufficient furety well and honeftly to 
ferve his mafter. 5 Eliz. c. 4. f. 47. And by the 24Geo. 11 . 
c. 55. If a juftice (hall ifliie a warrant againft fuch perfon, 
and he fhall efcape into another fiiire; the conftable or 
other perfon, on having the warrant indorfed by a juftice 
in fuch other (hire, may arreft him there, and carry him 
before a juftice in fuch other fiiire, if the offence is baila¬ 
ble, to find bail, or elfe (hall carry him back before a juf¬ 
tice in the fiiire from whence the warrant did firft ifliie. 
Feb. 3, 1747. Hill'And Allen. In chancery. The bill was 
by an apprentice, who againft his matter's confent quitted 
his fervice of a ftiipw right, before his time was our, and 
went on-board a privateer, which took a very conliderable 
prize, whole (hare thereof, being 1200I. the mafter claimed. 
By L. Hardwicke : In general, the mafter is intitled to all 
that the apprentice fhall earn; confequentlv, if he runs 
array, and goes to a different bufinefs, the mafter is inti¬ 
tled at law to all his earnings. And in this cafe, his lord- 
fliip faid, there was nothing in equity to relieve. But he 
faid he would fend the cale to be tried at law, unlefs they 
would agree to compound the matter, which he recom¬ 
mended to them, and thought, as the boy’s (hare of the 
prize was fo very large, the balance ought to be in his fa¬ 
vour. And the mafter agreed to accept 450I. Vez y, S3. 
By the 6 Geo. III. c. 25. If any apprentice fhall abfent 
himfelf from his mailer’s fervice, before the term of his 
apprenticed!ip fhall be expired; he fhall, at any time there¬ 
after, whenever he fhall be found (fo it be withiiWeven 
years after the expiration of his term), be compelled to 
ferve his faid mafter, for fo long a time as he fhall have 
abfented himfelf; unlefs he ihall make fatisfaflion to his 
mafter for the lofs he fhall have fuftained by fuch abfence. 
And if he fiiall refufe fo to ferve, or to make fatisfadlion, 
the mafter may complain upon oath to one juftice where 
he fhall refide ; who fhall illue his warrant for apprehend¬ 
ing fuch apprentice. And fuch juftice, on hearing the 
complaint, may determine what fatisfafilion fiiall be made 
to fuch mafter by the apprentice. And if the faid appren¬ 
tice fhall not give fecurity to make fatisfaftion according 
to fuch determination ; fuch juftice may commit him to 
the houfe of correftion for any time not exceeding three 
months. Perfons aggrieved by fuch determination, order, 
or warrant of the juftice (except any order of commitment), 
may appeal to the next fellions, giving fix days notice to 
the juftice and to the parties, and entering into recogni¬ 
zance, within three days after fuch notice, before a juf¬ 
tice, with fufficient furety, to try the appeal at, and to abide 
the order or judgment of, and pay fuch cofts as fiiall be 
awarded by the juftices at, fuch feffions : which faid juf¬ 
tices, at their faid feffions, on proof of fuch notice given, 
and of entering into fuch recognizance, fiiall hear and de¬ 
termine the appeal, and give fuch relief and cofts to either 
party as they fiiall judge reafonable. And their deter¬ 
mination fiiall be final and conclufive to all parties con¬ 
cerned. Provided, that nothing herein fiiall extend to the 
ftanneries in Devon or Cornwall ; or to impeach or lefien 
the jurifdidlion of the chamberlain of Londbn, or of any 
other court within the faid city, touching apprentices; nor 
to any apprentice whole mafter fiiall have received with 
him the fum of iol. 
Apprenticejlealinghis Mafter's Goods .—By the 21 Hen. V 111 . 
c. 7. Servants going away with their mailer’s goods, with 
intent to (leal them, fhall be guilty of felony; but not to 
extend to apprentices. And by 12 Anne, ft. j. c. 7. Per- 
Vol. I. Mo. 52. 
N T j*. C E. 829 
ions Healing to the value of 40s. being in a dwelling-houfe, 
or out-houfe thereto belonging, though fuch hotiie be not 
broken, and though- no perfon be therein, are excluded 
from the benefit of clergy. But this not to extend to ap¬ 
prentices under fifteen years of age. But, if they be fifteen 
years of age, they fiiall be guilty as other perfons. 
The inticing of an apprentice to depart from his mafter, 
is not an offence of a public nature, for which an indiilnier.t 
will lie ; but the party’s remedy is by an aftion on the cale, 
which he may well maintain. 6 Mod. 182. Bur. Mans/. 1306. 
Rcavc/y v. Mainwaring and others. 
AJJ'gning or turning over Apprentices. —The mafter affign- 
ing, and the apprentice himfelf confenting, will not make 
him an apprentice to the affignee within the fifth of Eliz. 
But by the cuftom of London, he may be turned over to 
another. Dalt. c. 58. And an afiignment to the fea-fervice 
is good by act of parliament, as is before mentioned. 
E. 3 Geo. K. and Barnes. Order returned on a certiorari. 
It was refolved by the juftices at the feffions, where aperfon 
was bound an apprentice to Barnes by the parifli officers, 
and Barnes had afligned him to another, that the affign- 
ment is void, and they direft Barnes to take his apprentice 
again. But by the court: The feffions had no power to 
judge of the validity of a deed, or to hinder a man from 
affigning his apprentice. The covenant to provide for 
him is well performed, if the perfon to whom he is bound 
afligns him to another to provide for him. Wherefore the 
order was quafif-d. Foley, 155. Sir. 48. For the jurifdic- 
tion of the juftices extends no farther, than to compel the 
mafter to take care of his apprentice ; but in what, manner 
he does it, whether in his own houfe or otherwife, is no¬ 
thing to them. But, if the affignee of the apprentice doth 
not provide for him, the firft mafter may be compelled to 
do if, and he may take his remedy over. 1 Sejf. C. no. 
Mafter dying. —It hath been faid, that if the mafter dies, 
the apprentice goes to the executors or adminiftrator to be 
maintained, if there are affets; but the executor or admi¬ 
niftrator may bind him to another mafter for the remain¬ 
ing part of his time. But in the cafe of K. and Peck , M. 
10 Will. Eyre, J. held, that an apprentieefliip is a perfonal 
trull between the mafter and fervant, and determines by 
the death of either of them ; and by the death of either of 
them the end and deiign of the apprentieefliip cannot be 
obtained, and it may be the executor is of another trade; 
he admitted covenant would lie againft the executor, but 
in that there is no inconvenience, becaufe the executor 
may make his defence by pleading no aliets, or debts of 
a higher nature. Holt, Ch. J. faid, that by the cuftom 
of London, the executor fiiall put the apprentice to ano¬ 
ther mafter of the lame trade ; and that, in other places, it 
would be very hard to conftrue the death of a mafter to be 
a difeharge of the covenants ; he faid, it had been held, 
that the covenant for inftrufition failed, but that he ftill 
continues an apprentice with the executor, as to mainte¬ 
nance. 1 Salk. 66. 
E. 20 Geo. II. Baxter (widow and executrix) againft 
Burjield. In debt on bond, conditioned for Matthias An- 
derfon’s performance of the covenants in an indenture of 
apprentieefliip, whereby he was bound to the plaintiff ’s 
teliator, who was a mariner; the defendant pleaded, that 
Anderfon lerved faithfully to the death of the teliator : the 
plaintiff replied, that fince the death of the teliator, An¬ 
derfon had abfented from her fervice : to which there was 
a demurrer. And after argument at bar, Lee, Ch. J. de¬ 
livered the refolution of the court, viz. That they were 
all of opinion the defendant (hould have judgment, and 
that the executrix could maintain no fuch allion. The 
binding was to the man, to learn his art, and ferve him, 
without any mention of executors. And as the words 
are confined, fo is the nature of the contrail ; for :t is 
fiduciary, and the apprentice is bound from a perfonal 
knowledge of the integrity and ability of the mafter. H. 
8 Anne, Horne and Blake-, an award that an apprentice 
fhould be afligned, was held void; unlefs -there was a cuf¬ 
tom, or the concurrence of the apprentice. And they 
10 B held ? 
