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DOMINICA
APPRENTICES ACT
Arrangement of sections
1.Short title.
2.Interpretation.
3.Persons to whom, and term for which, apprentices may be bound.
4.Owners of ships, etc., may take apprentices.
5.At what age, and by whom, apprentices may be bound.
6.Master and apprentice amendable to this Act.
7.Magistrates may apprentice persons under the age of sixteen years convicted of larceny or vagrancy.
8.Guardians of the poor may apprentice young persons.
9.Indentures may be cancelled for maltreatment, etc.
10.Misconduct and punishment of apprentice.
11.Apprentice may be compelled to serve beyond the term of apprenticeship, and to make good
absence.
12.Appeal.
13.Three months after the death of a master or mistress, the remaining portion of the term of
apprenticeship may be assigned.
AN ACT relating to apprentices.
Commencement: 16th June 1882
Short title.
1. This Act may be citied as the Apprentices Act.
Interpretation.
2. In this Act, the expression “Guardians of the poor” means any person or persons exercising the functions of the guardians of the poor in the State.
Persons to whom, and tern for which, apprentices may be bound.
3. From and after the passing of this Act, every person using and exercising any art, mystery, craft, trade or occupation may take any person, of an age not less than ten or more than sixteen years, to serve and be bound as an apprentice, in like manner as apprentices in England, for a term not exceeding five years.
Owners of ships, etc., may take apprentices.
4. Any owner of any ship or vessel registered at any port of the State or any master mariner trading from, or pilot resident in, the State, may take and retain apprentices in like manner as other persons authorised by this Act.
At what age, and by whom, apprentices may be bound.
5. Every person of an age not less than ten and not more than sixteen years, as aforesaid, who, by virtue of this Act, is bound by indenture to serve as apprentice, shall be bound by his or her parents, reputed parents, guardians or next of kin or, when the person has neither parents, reputed parents, guardians nor persons next of kin he shall be bound by Magistrate, and the indenture shall be signed by the parties and the apprentice, and the apprentice shall be compelled to serve for the years specified in his or her indenture as fully and amply to all intents and purposes as if the apprentice were of the full age of sixteen years at the time of making the indenture in like manner as apprentices in England, any law, usage or custom to the contrary notwithstanding; and any person of the age of sixteen years or upwards may, by his or her consent, be apprenticed to any trade, craft, or occupation whatsoever, in the practice of which any peculiar art or skill is required, for any term not exceeding five years.
Master and apprentice amendable to this Act.
6. Every person, who, being of full age of sixteen years, shall bind himself or herself as an apprentice to any other person, and every person who takes any apprentice, being of full age as aforesaid, shall be respectively amendable to all the provisions of this Act.
Magistrates may apprentice persons under the age of sixteen years convicted of larceny or vagrancy.
7. Every person, being under the age of sixteen years, who is convicted before any Magistrate of stealing, or of destroying or damaging with intent to steal, any tree, plant, root, fruit or other vegetable production growing in any garden, orchard, provision ground or cane piece, whether enclosed or not, or of the larceny of any other article of produce, or of any livestock, the value of which does not exceed twenty five dollars, or who may be proved to the satisfaction of a Magistrate to be leading an idle and vagrant life, may, with the consent of the parent, reputed parent, or guardian of such person, but not otherwise, be apprenticed by the Magistrate to any householder, or to any proprietor, or manager of any estate or plantation, for any period not exceeding five years; and every such apprenticeship shall be in lieu of any punishment which the Magistrate might have inflicted upon such offender.
Guardians of the poor may apprentice young persons.
8. The guardians of the poor may, in the case of any young person whom over they have control, bind such young person as an apprentice under the provisions of this Act.
Indentures may be cancelled for maltreatment, etc.
9. If any master or mistress is charged with misusage, maltreatment or cruelty against his or her apprentice, or with incompetence in his or her craft or trade, or refuses to conform to and fulfill the terms of the indenture of apprenticeship, then the apprentice, or his or her parent, or reputed parent, guardian or next of kin shall make complaint to a Magistrate, and the Magistrate shall take cognizance of all complaints and charges against the master or mistress and, upon just grounds to him appearing, may order the apprentice to be discharged from his or her apprenticeship, and indentures to be delivered up and cancelled.
Misconduct and punishment of apprentice.
10. A Magistrate may, upon complaint by any master or mistress against any apprentice in his or her service touching or concerning any misbehavior, hear, examine and determine the same and punish the offender by imprisonment for three months, and the Magistrate may in any such case cancel the indenture and discharge the apprentice.
Apprentice may be compelled to serve beyond the term of apprenticeship, and to make good absence.
11. Any Magistrate may, upon due proof to be made upon oath, compel any apprentice to serve beyond the term of his or her apprenticeship, and to make good to the master or mistress all such time as the apprentice shall have absented himself or herself from service of his or her master or mistress, whether the absence from service is caused by imprisonment or otherwise except actual sickness.
Appeal.
12. Any person aggrieved by any order, determination or award of a Magistrate under this Act may appeal to the Court of Appeal under the Magistrate’s Code of Procedure Act.
Three months after the death of a master or mistress, the remaining portion of the term of apprenticeship may be assigned.
13. Within three months after the death of a master or mistress, any parent, reputed parent, guardian or next of kin, having been a party to the indenture of any apprentice, or any Magistrate or guardians of the poor, where any apprentice has been indentured under the provisions of section 7 or 8 may transfer or assign over the remaining portion of the service of the apprentice to the widow, partner or successor of his or her former master or mistress, carrying on and using the same trade or occupation, or to some other person carrying on and using the same trade or occupation, which assignee shall be subject to the same rules and regulations under this Act as the party to whom the apprentice was originally bound; and on application being made to the parent, reputed parent, guardian or next of kin, bind the apprentice for the remainder of his or her term, any Magistrate may commit the apprentice to prison for three months.
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