, the law construes it to be a hiring for a year[e]; upon a
principle of natural equity, that the servant shall serve, and the
master maintain him, throughout all the revolutions of the respective
seasons; as well when there is work to be done, as when there is
not[f]: but the contract may be made for any larger or smaller term.
All single men between twelve years old and sixty, and married ones
under thirty years of age, and all single women between twelve and
forty, not having any visible livelihood, are compellable by two
justices to go out to service, for the promotion of honest industry:
and no master can put away his servant, or servant leave his master,
either before or at the end of his term, without a quarter's warning;
unless upon reasonable cause to be allowed by a justice of the
peace[g]: but they may part by consent, or make a special bargain.
[Footnote e: Co. Litt. 42.]
[Footnote f: F.N.B. 168.]
[Footnote g: Stat. 5 Eliz. c. 4.]
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: for which purpose our statute law[h] has made
minors capable of binding themselves. 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[i] 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[k].
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[l]: 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[m]. And parish
apprentices may be discharged in the same manner, by two justices[n].
[Footnote h: Stat. 5 Eliz. c. 4.]
[Footnote i: 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.]
[Footnote k: Salk.
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