APPRENTICE. 
830 
held, it \v T asw3t material, that, according to Cro. Eliz. 
553, the aifets were liable on the mailer’s covenant to 
maintain. Therefore judgment was given for the defend¬ 
ant. Str. 
In the court of chancery. M. 30 Car. IT. In the cafe of 
Soam agairtft Bowden and Lyles. The nufler received with 
the apprentice 250!. and died within two years, the ap¬ 
prentice having for that time been employed only in infe¬ 
rior affairs. It was decreed, after debts on (pecialties paid, 
that the executors repay tlte 250I. as a debt due on Ample 
contract : deducting after the rate of 20I. a year for the 
maintenance of the apprentice, during the time he lived 
with his mailer. C/ra. Ca. Finch. 3 :6. 
And by 32 Geo. 11 !.' c. 52. after reciting, that in the 
event of the death of the matter of any parilh apprentice 
during the appvcnticclhip, the agreement for fervice on the 
■part of the apprentice is at an end, but the covenant for 
maintenance on the part of the mailer Hill continues in 
force as far as his aifets will extend; or doubts have arifen 
with refpect thereto: it is emitted, that after the 1 ftJ lily, 
1702, in cafe of tlte death of tlte mailer of any parilh 
apprentice during the appventicefltip, upon which binding 
no larger fum than 5I. (hall be paid, any covenant for the 
maintenance of fitch apprentice infected in the indenture, 
ihall not be in force' longer than three calendar months 
next after the death of fitch mailer; and that during Inch 
three months, fuch apprentice Ihall continue to live with 
and ferve as an apprentice, the executors and adminiftra- 
torsi of fuch mailer, of fuch perfon as they, or lome or 
one of them, Ihall appoint: and Inch mailer and apprentice, 
during inch three months, Ihall be fubjeft to all the laws in 
force for regulating mailers and parilh apprentices, f. 4. 
And whereas it is veafonabie that fuch apprentice as 
aforefaid, in cafe of his mailers death, fhould be obliged 
to make.feme fatisfadlion by his labour to the family or 
representatives of his deceafed mailer, for tlte advantages 
lie has received in his childhood, when his fervice could 
not be equal to his maintenance: it is enacted, that within 
fuch three calendar months after the death of fuch mailer, 
two jullices, on the application of fuch mailer, or by the 
hu(band of the millrels, or by any fon or daughter, brother 
or filter, or executor or adminiftrator, of fuch perfon de¬ 
ceafed, by indorfement on fuch indenture or counter part 
thereof, or by any other inftrument or writing, may order 
and di 1 efit that fuch apprentice ihall lerve as an appren¬ 
tice any one of fuch perfons fo making application as afore¬ 
faid (fuch perfon having lived with, or been part of, fuch 
mailer’s family at the time of his death), as they Ihall 
think fit, during the relidue of the term mentioned in fuch 
Indenture; and the perfon obtaining fuch order, Ihall de¬ 
clare his acceptance of fuch apprentice, by fubferibing his 
name to fuch order: and, after fuch order Ihall be made, 
the executors and adminiftrators, and the., perfonal aifets, 
cllate, and effects, of tlte mailer fo dying, Ihall be dif- 
charged from any covenant in fuch indenture; and the 
perfon obtaining the fame Ihall be deemed the mailer of 
fetch-apprentice in like manner as if he had been originally 
bound to fuch mailer ; and fuch lad-mentioned mailer, his 
executors and adminiftrators, (hall be bound by the cove¬ 
nants contained in fuch indenture in like manner as if he 
had executed the counter part thereof: and fuch mailer and 
iipprentice Ihall be fubjeCt to the feveral penalties, provi- 
fions, and regulations, which Ihall then be in force for go¬ 
verning apprentices: and all jullices Ihall have the like 
power and authority with refpef! thereto, as they Ihall then 
have by any act of parliament relating to parilh appren¬ 
tices. f. 2, 3. But in cafe no fuch application Ihall be made 
as aforefaid, within three calendar months as aforefaid; or 
in cafe fuch two jullices Ihall not think fit that fuch ap- 
prenticelhip (hould be continued, then fuch apprenticefliip 
ihall be determined ; and the indenture, and covenants 
therein contained, Ihall be at an end, in like manner as 
they would have been at the expiration of the term. f. 4. 
And whereas delays mull happen in bringing an ablion 
upon fuch covenant for maintenance as aforefaid : it is 
enabled, that in cafe any fuch original mailer, or mailer 
appointed by virtue of this abl as aforefaid, Ihall, during 
the term of any fuch parilh apprenticefliip as aforefaid, or 
the executors or adminiftrators of fuch mailer, or any of 
them, having a (lets, Ihall, during three calendar months 
as aforefaid, refufe or neglebt to maintain and provide tor 
any fuch apprentice according to the terms of fuch cove¬ 
nant ; two jullices, on complaint of fuch apprentice, or of 
the churchwardens and overleers of fuch place, may levy 
by diftrefs of the perfonal ellate or aifets and effects ot 
fitch mailer, fuch fum as Ihall be necelfary lor the main¬ 
tenance and clothing of fuch apprentice ; and as ihall alfo 
be necelfary to reimburfe to the churchwardens and over¬ 
leers any Him that Ihall have been reafenably expended 
by them for that purpofe. f. 6. 
Of Apprentices Jetting up their Trades. — By the common 
law, no man may be prohibited to work in any lawiul 
trade, or in more trades than one, at his plealure. 11 Co. 53. 
So that without an a£l of parliament no man may be re- 
flfained, either to work in any lawful trade, or to ufe 
divers myfteries or trades ; therefore an aCt of parliament 
made to refrain any perfon herein mull be taken ftrictly, 
and not favourably as aits made in affirmance of the com¬ 
mon law. The reftraining claul'e in the ftatute of 5 Eliz. 
c. 4. is as follows : “ It Ihall not be lawful to any perfon, 
to let up, ufe, or exercife, ar.y craft, myftery, or occupa¬ 
tion, now ufed or occupied within the realm of England or 
Wales, except he Ihall have been brought up therein fe- 
ven years at the lead as an apprentice by this.ftatute, nor 
to fet any perfon on work therein, except he Ihall have 
been apprentice as aforefaid, or el Ie having ferved as an 
apprentice will become a journeyman, or hired by the 
year; on pain of 40s. a month, half to the king, and half 
to him that Ihall fue in the feffions, or other court of re¬ 
cord ; or, if it is in a town corporate, then, to be difpofed 
of as other fines by the charter.” f. 31. 
It fiall not he lawful. This is a negative claufe, and no 
one (ball exercife a trade again!! it, unl.efs by virtue of a 
cuftom, as the widows of tradefmen, who by cuftom carry 
on the trade of their luilbands, which the court held not 
to be within this ftatute. 2 Salk. 610. 
To any perfon. But by the 15 Car. II. c. 15. Hemp work¬ 
ers of all kinds, net-makers, and makers of tapeftry hang¬ 
ings, are excepted; who may fet up without having ferved 
feven years. And, by 3 Geo. III. c. 8. All officers, ma¬ 
riners, and feldiers, who have been employed in his ma- 
jefty’s fervice, and not deferted, may exercife fetch trades 
as they are apt for, in any town or place. And, by 6 and 
7'Will. c. 17. An apprentice difeovering two offenders 
guilty of coining, fo as they be convicted, ihall be deemed 
a freeman, and may exercife his trade as if he had ferved 
out his time. f. 12. 
To Jit up, occupy, ufe, or exercife. T. 9 Geo. III. Beach 
and Turner. On an action brought for exerciling a trade, 
without having ferved an apprentice, it appeared that the 
defendant was only a journeyman. And the queftion was, 
whether the ftatute extends to journeymen, or only to 
mailers ? By the court: Tlte ftatute was meant to prevent 
wafers only from letting up trades, and did not intend to 
give a penalty againft both. There is great difference be¬ 
tween letting up a trade and working in it: a man may 
work in it, by doing a very trifling part. A journeyman 
doth not exercife the trade upon his own account, but for 
Iris mailer. Burr. Mansf. 2449. And it is not material, as 
to the mailer, that the journeyman hath ferved feven years ; 
for, if the mailer himfelf hath not ferved feven years, he 
is reftrained by the ftatute to work as a trader, either by 
himfelf or others ; for flie intent of the a<ft is, to annex 
the benefit of trade to fuch as underwent the hardfhip of 
learning it, thereby to encourage labour in youth : and few 
would undergo the trouble of being apprentices, if they 
might employ others to work for them. T. 3 Will. Hobbs 
and Young. 2 Salk. 610. 
If a man ufe the trade of a tallow-chandler, baker, brew¬ 
er, or any other lawful trade, or manual occupation, for 
3 his 
