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3. On the complaint of an apprentice, the master or mistress should be summoned; and orders of sessions in England have been quashed, because it did not appear that the master had been summoned, or was present. See 1. Str. 143. 2. Str. 1013.

V. ADJUDGED CASES ON THE SUBJECT OF
APPRENTICESHIPS.

1. An apprenticeship is a personal trust between the master and servant, and determines by the death of either of them. By such event the end and design of the apprenticeship cannot be obtained; and it may be the executor is of another trade. But it would be very hard to construe the death of the master to be a discharge of the covenants; for though the covenant for instruction fails, he still continues an apprentice with the executor as to maintenance; who is liable in an action of covenant, but not to an order of sessions, for maintenance. And the executor is liable in covenant, if he does not instruct him, or find him another master. 1 Salk. 66.

2. But it has been held that an apprentice was not bound to serve the executrix of the master; though the assets are liable on the master's covenants to maintain. 2 Str. 1266. For covenant lies against an executor in every case, though not named, unless it be such a covenant as is to be performed by the person of the testator, which an executor cannot perform. Cro. Eliz. 553.

3. If a master license his apprentice to leave him, he cannot after recall that license. Mod. Ca. 70.

4. 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 to all his earnings. 1 Ves. 83.

5. Inticing away an apprentice from his master is not an offence of a public nature, for which an indictment will lie. 6. Mod. 182.

6. An appeal will not lie from an order of court for binding out an apprentice, or rescinding his indentures. 1. Hen. and Munf. 412.

VI. PRECEDENTS.

(A.) Indenture of an apprentice bound by the overseers of the poor, under an order of court.

"This Indenture made this

day of

day of

in the year of our Lord between A B, and C D, overseers of the poor of district, in the county of of the one part, and A M, of said county, of the other part, witnesseth, that the said A B, and C D, overseers of the poor as aforesaid, by virtue of an order of the court of the aforesaid county, bearing date the in the year have put, placed and bound, and by these presents do put, place and bind A P, of the age of years, to be an apprentice with him the said A M, and as an apprentice with him the said A M to dwell from the date of these presents, until the said A P shall come to the age of 21 years, (or, if a female, until the said A P shall come to the

age of 18 years) according to the act of the General Assembly in that case made and provided. By and during all which time and term, the said AP shall the said A M, his said master, well and faithfully serve in all such lawful business as the said A P shall be put unto by his said master, according to the power wit and ability of him the said A P, and honestly and obediently in all things shall behave himself towards his said master, and honestly and orderly towards the rest of the family of the said A M. And the said A M, for his part, for himself, his executors, and administrators, doth hereby promise and covenant to and with the said overseers of the poor, and every of them, their and every of their executors and administrators, and their and every of their successors for the time being, and to and with the said A P, that he the said A M shall the said A P, in the craft, mystery and occupation of a which he the said A M now useth, after the best manner that he can or may teach, instruct and inform, or cause to be taught, instructed and informed, as much as there. unto belongeth, or in any wise appertaineth: And that the said A M shall also find and allow unto the said apprentice sufficient meat, drink, apparel, washing, lodging, and all other things needful or meet for an apprentice during the term aforesaid: And also that the said A M, shall teach, or cause to be taught to the said A P, reading, writing, and common arithmetic, including the rule of three ;* and will moreover pay to the said A P the sum of † dollars, at the expiration

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of the aforesaid term. In witness whereof the parties to these presents have interchangably set their hands and seals the day and year first above written.

(B.) Indenture of an apprentice bound together with

his father.
day of

This Indenture made this

Lord

in the year of our between A F, and B S, of the county of of the one part, and D M, of the said county, of the other part, witnesseth, that the said B S voluntarily, and with the approbation of the said A F, his father, hath put, placed and bound himself, and by these presents doth put, place and bind himself to be an apprentice with him the said D M, and as an apprentice with him the said D M to dwell, till the said B S shall attain the age of 21 years, which will be on the

day of

in

the year During all which term the said A F, and B S, do covenant and agree to and with the said D M, that the said BS the said D M shall well and faithful serve, in all such lawful business as the said B S shall be put unto by his said master, according to the best of the power, wit, and ability of him the said B S, and honestly

If the apprentice be a black or mulatto orphan, omit the part in italics. Code 85; if a female, omit what relates to arithmetic. 1 Rev. Cod 173.

Rev.

+ If there be no special directions of the court, the blank must be filled with the word "twelve." See 1 Rev. Code 173. and Ibid. 322.

and obediently shall behave himself towards the said D M, and honestly and orderly towards the family of the said D M. And the said D M, on his part, doth covenant and agree to and with the said B S, that he the said DM will well and truly instruct the said B S, in the art or mystery of a which the said D M now followeth, and will use all due diligence to make the said B S as perfect in the said art or mystery of a as possible. And that the said D M will allow to the said B S, good and sufficient meat, drink, apparel, washing, lodging, and all other things suitable for an apprentice during the said term. And also, &c. (the parties may insert any other covenants which may be agreed on.) In witness whereof the parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.

For proceedings in the case of Apprentices deserting from vessels, See title "SEAMEN."

APPROVER.

Approvement is when a person indicted of treason or felony, and arraigned for the same, doth confess the fact before piea pleaded, and appeals or accuses others, his accomplices in the crime, in order to obtain his pardon. In this case he is called an approver or prover, probator, and the party appealed or accused is called the appellee. 4 Bl. Com. 329.

But this practice has long been disused in England (4 Bl. Com. 330) and is expressly prohibitted by the laws of Virginia, which declare, That" Approvers shall never be admitted in any case whatsoever." 1 Rev. Code 106.

From the ancient law of approvement has sprung the modern and analogous usage, in England, of admitting accomplices. Mac Nally's Ev. 183. But an accomplice is not there admitted of course; and only where the indictment cannot be supported without his evidence (Ibid. 203) It is almost an invariable rule to recommend a prisoner convicted on the sole testimony of an accomplice to the mercy of the crown. (Ibid.) For there are such strong objections to the credibility of a witness who swears to save his own life, that it would be hard to punish any person on his evidence. See Hale 305.

ARRAIGNMENT.

When the offender either appears voluntarily to an indictment, or was before in custody, or is brought in upon criminal process, to answer it in the proper court, he is immediately to be arraigned thereon. 4 Bl. Com. 322.

To arraign, is nothing else but to call the prisoner to the bar of the court, to answer the matter charged upon him in the indictment. Ibid.

The prisoner on his arraignment, though under an indictment of the highest crime, must be brought to the bar without irons, and all manner of shackles, or bonds, unless there be a danger of escape, and then he may be brought with irons. 2 Hale 219.

Also there is no necessity that a prisoner, at the time of his arraignment, hold up his hand at the bar, or be commanded so to do; for this is only a ceremony for making known the person of the offender to the court; and if he answers that he is the same person it is all one. Haw. B. 2. c. 28. s. 2.

Accordingly, in the case of the King v. Radcliffe, the prisoner refusing to hold up his hand, the ceremony was dispensed with. 1 Bl. Rep. 3.

ARREST.

AN arrest, in law, signifies, the restraint of a man's person, depriving him of his own will and liberty, and binding him to become obedient to the will of the law and it may be called the beginning of imprisonment. Lamb. 93.

:

Under this title (which will chiefly be confined to arrests in criminal cases) I shall shew,

I.

Who may or may not be arrested.

II. For what causes of suspicion an arrest may be. III. By whom the arrest shall be made. IV. The manner of an

arrest.

V. What is to be done after the arrest.

I. WHO MAY OR MAY NOT BE ARRESTED.

Persons privileged from arrest in civil cases are, 1. All persons on Sunday. 1 Rev. Code 122.

2. Persons going to, returning from, or attending their duty at any muster of militia. (2. Rev. Code 55) or any election of members of the state legislature; or of the United States; or of

electors to vote for a President; witnesses duly summoned, and attending on any survey or arbitration made by order of court, or on commissioners appointed to take depositions in the case of contested elections; unless the process be issued for treason, felony, riot, breach of the peace, or an escape out of prison or custody. 1 Rev. Code

122.

3. Witnesses attending at court, &c. being duly summoned, and actually a witness in the cause expressed in the subpana, are privileged during their attendance, and in coming to and returning from thence, allowing one day for every twenty miles from their places of abode, 1 Rev. Code 278.

4. The same privilege is allowed to electors. Ibid. 20.

5. Also to grand jurors. Ibid. 100.

6. And to members of the General Assembly, during whose privilege process in which they are parties shall be suspended; if delivered by privilege from execution, they shall return as soon as the privilege ceaseth, or be liable to an escape. Ibid. 22.

7. The Governor; Members of the Privy Council; Judges of the Superior Courts; and the Sheriff of any county, during his continuance in office, cannot be arrested by the ordinary process; but instead thereof a summons shall issue, &c. (1 Rev. Code 77.) And in all such cases, after judgment, and the return of a fieri facias, by the sheriff of the county in which the defendant resides, that no effects, or not sufficient, are to be found, a capias ad satisfaciendum may issue, as in other cases. Ibid.

8. Any minister of religion licensed according to the rules of his sect, who has taken the oath or affirmation of fidelity to the commonwealth, while he is publicly preaching or performing religious worship, in any church, meeting-house, &c. Ibid. 276.

9. A corporation cannot be arrested, but the process is a distringas. 3 Salk. 46.

In England, it is held to be a privilege of the court, that no persons who have any relation to a suit which calls for their attendance, as suitors, bail, &c. shall be arrested, while going to, attending at, or returning from court. See 2 W. Bl. Ref. 1113. 1193.

1. H. Bl. 636.

II. FOR WHAT CAUSES OF SUSPICION AN ARREST MAY BE.

The causes of suspicion, which are generally held sufficient to justify the arrest of an innocent person, are these which follow :

(1) The common fame of the country; but it ought to appear upon evidence, in an action brought for such arrest, that such fame had some probable ground. Haw. B. 2. c. 12. s. 9.

(2) The being found in such circumstances as induce a strong presumption of guilt; as coming out of a house wherein murder hath been committed, with a bloody knife in his hand; or being found in

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