MASTERS AND APPRENTICES.

Auckland Star, Volume XXIII, Issue 34, 10 February 1892, Page 8

MASTERS AND APPRENTICES.

A lad named William Clarkson was charged at the Police Court this morning before Dr. J. Giles, R.M., with having on the 2nd of February committed a breach of tho Masters and Apprentices Act, by absenting himself from the service of his master, George R. McCrae.

Dr. R. Laiehley appeared for tho complainant, and Mr C. E. Madden for the defendant, who pleaded not guilty. Tho fact that tho boy had absented himself was admitted, the defence relied on being that defendant's father had taken him away from his work, believing that the indentures were invalid, on ibe ground that the age of expiry was over 19 years. Dr. Laishloy cited various authorities in support of his contention that the indentures were binding until the apprentice came of ago. His Worship said that Dr. Laishloy would hardly argue that under the New ""■ ••*-■ ••■■ Dr. Laishloy said that of course the term for which a lad could be indentured $g|iv()'.y9mPs>te afc tne a R e °* $ years. but ha contended that a lad having gone away without leave, having done wrong could not take advantage of a flaw in the indenture. Ho considered thab it was requisite that tne apprentice must disaffirm the contract. Supposing the indenture go be voidable, he could not see that the apprentice running away would void it. A defendant could not be released from his contract during his minority. Up to the age of 19 an apprentice waa legally bound. At that age he considered the indenture would be void. Therefore, the contract was good up to the age of 19 years. Mr Madden argued that the 'law of Now Zealand was not ruled by the common law of England, special legislation having been made to suit the condition of this colony. Hβ had not been able to find any New Zealand'case bearing on this point, therefore he would leave the matter with His Worship.

Dr. Giles reserved judgment.