Minors may apprentice themselves. Consent of parents, etc., requisite. TITLE IV. MASTER AND SERVANT. SECTION 264. Minors may apprentice themselves. 266. Written consent. 267. Executors may bind. 268. Supervisors may bind out. 269. Town officers. 270. Age of apprentice to be inserted in indentures. 271. Indentures, conditions in. 272. Same. 273. Deposit of indentures. 274. Alien minors. 275. Contract under preceding section to be acknowledged. 276. Causes for annulling indentures. 277. Proceedings to annul indentures. 278. Service of apprentice, how enforced. SEC. 264. Every minor, with the consent of the persons or officers hereinafter mentioned, may, of his own free will, bind himself, in writing, to serve as clerk, apprentice or servant, in any profession, trade or employment, during his minority; and such binding shall be as valid and effectual as if such minor was of full age at the time of making the engagement. Stats. 1858, 134, Sec. 1. SEC. 265. Such consent shall be given 1. By the father of the minor. If he be dead or be not of legal capacity to give his consent, or if he shall have abandoned or neglected to provide for his family, and such fact be certified by a Justice of the Peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture, then 2. By the mother. If the mother be dead, or be not of legal capacity to give such consent or refusal, then 3. By the guardian of such infant. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then 4. By the Supervisors of the county, or any two Justices of the Peace, or the Judge of the Probate Court of the county. 5. If such minor be an orphan, under the care and con trol of any orphan asylum in this State, then by the Board of Managers thereof. Stats. 1858, 134, Sec. 2. consent. SEC. 266. Such consent shall be signified in writing by Written the person entitled to give the same, by certificate at the end of or indorsed upon the indentures. Stats. 1858, 134, Sec. 3. may bind, SEC. 267. The executors of any last will of a parent, Executors who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk or apprentice, in like manner as the father might have done if living. If there is a surviving mother, her consent also is necessary. SEC. 268. Stats. 1858, 134, Sec. 4. NOTE. The last clause, providing for the consent of the mother, is new. The Supervisors of the county may bind out minors who are or shall become chargeable to such county, to be clerks, apprentices or servants, which binding shall be as effectual as if such minors had bound themselves with the consent of their father. Stats. 1858, 134, Sec. 5. Supervisors may bind out SEC. 269. In every town or city, the presiding officer Town officers of the first council or legislative board thereof, if there be more than one, or any public officer or officers appointed to provide for the poor, may in like manner bind out any child who, or whose parents are, chargeable to any such town or city. Stats. 1858, 134, Sec. 6. SEC. 270. The age of every infant so bound shall be inserted in the indentures, and shall be taken to be the true age; and whenever public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. Stats. 1858, 134, Sec. 7. Age of apbe inserted prentice to in indentures. conditions in SEC. 271. Every sum of money paid or agreed for, Indentures, with, or in relation to, the binding out of any clerk, ap. prentice or servant, shall be inserted in the indentures. Stats. 1858, 134, Sec. 8. Same. Deposit of indentures. Alien minors Contract under preceding sec⚫ tion to be ac SEC. 272. The indenture shall also contain an agree ment on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and to be taught the general rules of arithmetic, or, in lieu thereof, that he will send such child. to school three months of each year of the period of indenture. Stats. 1858, 134, Sec. 9. SEC. 273. The counterpart of any indenture executed by any county, or city or town officers, shall be by them deposited in the offices, respectively, of the Clerk of any such county, city or town. Stats. 1858, 134, Sec. 10. SEC. 274. Any minor, capable of becoming a citizen of this State, coming from any other country, State or Territory, may bind himself to service until his majority, or for any shorter term. Such contract, if made for the purpose of raising money to pay his passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age, but it shall in no case be for a longer term. Stats. 1858, 134, Sec. 11. SEC. 275. No contract made under the preceding section shall bind the servant, unless duly acknowledged by knowledged. the person making such contract, before some public magistrate or other officer authorized to administer oaths, and such acknowledgment, certifying that the same was made freely on private examination, be indorsed upon the Causes for annulling indentures. contract. Stats. 1858, 134, Sec. 12. SEC. 276. Such indentures of apprenticeship may be annulled for 1. Fraud in the contract of indenture. 2. When such contract is not made or executed in accordance with the provisions of this Title. 3. For wilful non-fulfilment, by such master, of the provisions of such indenture. 4. Cruelty or maltreatment of such apprentice by the master, without just cause or provocation. In such case, the apprentice may recover for his services. Stats. 1858, 134, Sec. 14. to annul SEC. 277. For the purpose of annulling such contract Proceedings of apprenticeship and recovering for services, the appren- indentures. tice shall have his action in the proper Court, and shall be governed therein by the CODE OF CIVIL PROCEDURE. NOTE. The whole section providing a system of special proceedings, is struck out and the above section substituted. SEC. 278. Any person held to service under the provisions of this Title, and unlawfully departing and absenting himself therefrom, upon the application of the master of such person to the proper Court, shall be subject to the proceedings and orders provided in such cases in the CODE OF CIVIL PROCEDURE. NOTE.-A section must be provided in the Code of Civil This Title (Master and Servant), is a literal copy of the Service of how enforc'd apprentice, 8 |