Apprentice is a person described, in law-books as a species of servant, and called apprentice, from the French verb apprendre, 'to learn,' because he is bound by indenture to serve a master for a certain term, receiving in return for his services instruction in his master's profession, art, or trade; the master, upon the other hand, contracting to instruct the apprentice, and, according to the nature of the agreement, to provide food and clothing for the apprentice, and to pay him small wages. The system of apprentices was incidental to the old craft guilds. Only apprentices were admitted to the freedom of the craft, and thus not only was monopoly secured, but a valuable organisation of the trade. In England the system was widespread and important, both in the early history of trade and from its later connection with the English poor-law system, under which apprenticeship gave a right of settlement. In Scotland the system never had the same importance, and now, except in one branch of the legal profession, apprenticeship is voluntary. By a provision of the 5 Eliz. chap. 4, it was in general required that every person exercising a trade in England should have previously served as apprentice to it for seven years; but by later statutes, that provision was abolished, with a saving of the customs and by-laws in London and other corporations; and the term of apprenticeship is now determined by the mutual convenience of the contracting parties. By the Municipal Corporation Act, 1834, all such customs and by-laws as had the effect of prohibiting trades and occupations to persons who had not served as apprentices were also abolished. But in many trades the modern unions still practically enforce a law restricting the number of apprentices, &c., and prohibiting the employment of those who have not served as apprentices. Apprentices, in general, are bound out by their friends, though with their own consent, testified by their executing the indentures, without which the transaction is not binding. To the same effect it is the rule of the Scots law that although a pupil may be a party to an indenture as an apprentice, yet he must have the concurrence of a parent or guardian, who alone can be liable to the master for the apprentice's non-performance of the engagement. An apprentice, on the other hand, who has passed the years of pupilarity, may effectually enter into an indenture by which he will be personally bound. It has been decided in England that the express assent of an infant apprentice to the indentures is essential to the contract. As a rule, writing is essential, and a cautioner or surety is generally required. Under the Stamp Acts the indenture is void if the full consideration is not set forth. The apprentice is bound to enter the service and continue in it; and even after enlistment in the army, the apprentice, if under the age of twenty-one, may be reclaimed by the master by a proceeding before a justice of the peace. The master has also an action against any one who entices away an apprentice. The master is entitled to the apprentice's earnings. The apprentice must be obedient, diligent, respectful towards his master, and must behave decently and honestly; but the misconduct must be gross to justify dismissal. The apprentice must accompany the master on a change of residence. The master, on the other hand, must teach the apprentice his whole art and mystery. He must treat him properly, and provide him with medical attendance and medicine in sickness. He cannot assign the apprentice to another.
There is a special class of apprentices in England who are bound out by the guardians of the poor, and are called parish apprentices. Formerly the children of poor persons might, even without becoming parties to the indentures, be apprenticed out by the overseers with the consent of two justices (now by the guardians, without such consent), till twenty-one years of age, to suitable persons; and such persons might till 1844 be compelled to take them. But the reception of any poor child as an apprentice is no longer compulsory. A variety of statutes regulate the manner in which parish apprentices are to be bound, assigned, registered, and maintained. This is under the control of the Local Government Board, who make new rules from time to time, as they may think fit; and the justices of the peace are empowered to settle disputes between such apprentices and their masters, and to discharge the former from their indentures, upon reasonable cause shown.
An apprentice's indenture is terminable by the consent of all the parties to it; and also by the death of the master, or of a partner of the employing firm. In such cases a portion of the fee is generally returnable. On the death of the apprentice, however, the fee is not returnable. But the executor of the master may bind the apprentice to another master if the contract so provide; and he must also discharge any covenant or agreement for the apprentice's maintenance, so far as he has assets. By the custom of London, if the master of an apprentice die, the service must be continued with the widow, if she continue to carry on the trade. In other cases, it is incumbent on the executor to put the apprentice to another master of the same trade. The bankruptcy of the master operates as a discharge of the indenture of the apprentice, who, if he has paid an apprentice fee to the bankrupt, is entitled to be paid by the court a reasonable sum out of the estate. Apprentices not paying premium, and whose premium was less than £25, are in general subject to the provisions of the Employers' and Workmen's Act, 1875—i.e. a court of summary jurisdiction may order the apprentice to perform his duties, and in default imprison him; may cancel the indenture and order repayment of premium; and may award damages up to £10 against either party or the cautioner.
By the Army Act, apprentices enlisting in the army, and concealing their apprenticeship when brought before a magistrate to be attested, may be indicted for obtaining money under false pretences; and if, after the expiration of their apprenticeship, they do not surrender to a recruiting officer, they may be apprehended as deserters.
Apprentices to the sea service are governed by the provisions of the Merchant Shipping Acts. Superintendents of mercantile marine shall give to boards of guardians, overseers, and others, all assistance in their power for facilitating the apprenticing of boys under their charge to the sea service. In the case of boys bound by guardians of the poor, the indentures must be executed in presence of two justices, who shall see that the boy has attained 12 years of age, has consented to be bound, that he is of sufficient health and strength, and that the master is a proper person for the purpose. Indentures to the sea service are exempt from stamp duty. Before each voyage abroad, the master must bring his apprentices and their indentures before a superintendent. See MASTER AND SERVANT.
In the United States, the system of apprenticeship has largely become obsolete; little account is taken of indentures and the serving of time. But most of the states have laws on the subject.