TITLE X.

OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND

SERVANTS.

SECTION 1011. Complaint against apprentice or servant, for absenting himself, or refusing to serve, or for a misdemeanor or ill behavior.

1012. Warrant, when complaint is made in the absence of the defendant. 1013. Warrant, by whom and how executed.

1014. Hearing the complaint, and committing or discharging the defend

ant.

1015. Complaint against the master, for cruelty, misusage or violation of

duty.

1016. Hearing the complaint, and dismissing it or discharging the apprentice or servant.

1017. Preceding sections, not applicable to apprentice with whom money is received or agreed for.

1018. Complaint against master in such case, and direction thereon. 1019. If complaint not compromised, the master to be held to appear at sessions.

1020. Proceedings thereon, and order of the court.

1021. Complaint by master against clerk or apprentice, where money is paid or agreed for. Clerk or apprentice, when held to appear at sessions.

1022. Proceedings thereon, and order of the court.

1023, 1024. Indenture or contract of service, how assigned on death of

master.

§ 1011. If an apprentice or servant, lawfully bound to service as prescribed by special statutes, wilfully absent himself therefrom, without the leave of his master, or refuse to serve according to his duty, or be guilty of any misdemeanor or ill behavior, his master may take him before a justice of the peace or police justice in the county, or before the mayor, recorder or city judge of the city where he resides, and make complaint of the facts under oath, or may, without taking him before the magistrate, make the like complaint.

§ 1012. If the complaint be made in the absence of the defendant, and the facts be proved to the satisfaction of the magistrate, he must issue a warrant, signed by him, with his name of office, to a peace officer of the county or city, commanding him to arrest the defendant and bring him before the magistrate forthwith, or at a specified time and place, to answer the complaint.

§ 1013. The peace officer must accordingly execute the warrant, by arresting the defendant and taking him before the magistrate.

The last three sections are more full and explicit than the corresponding provisions of the Revised Statutes, though similar in their general spirit. Those provisions are as follows:

"If any such person shall refuse to serve according to the provisions of this title, or the terms of his contract or indentures, his master may apply to any justice of the peace of the county, or to the mayor, recorder or any alderman of the city, where he shall reside, who shall be authorised by warrant or otherwise, to send for the person so refusing, and if such refusal be persisted in, to commit such person, by war. rant, to the bride well, house of correction, or common jail of the city or county, there to remain until such person will consent to serve according to law." 2 R. S. 3d ed. 219, sec. 29.

"On complaint being male on oath, by any master, touching any misdemeanor or ill behavior of any such person, o any two justices of the peace of the county, or to the mayor, recorder and alderman of any city, or any two of them, it shall be their duty to cause the person complained of, to be brought before them, and to hear, examine and determine the complaint." 2 R. S. 3d ed. 219, sec. 30.

§ 1014. The magistrate must immediately, or at a time to which he may, for good cause, adjourn the

matter, proceed to hear the allegations and proofs of the parties, and if the complaint appear to be well founded, must commit the defendant to the county jail, or in the city of New-York, to the city prison of that city, for not exceeding one month, at hard labor, where he must be confined in a room with no other person; or may, by a certificate, signed by him with his name of office, discharge the defendant from the service of his master, and the master from all obligations to the defendant.

Substantially the same as 2 R. S. 3d ed. 219, sec. 31.

§ 1015. If a master be guilty of cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of duty towards his apprentice or servant, as prescribed by special statutes, or by the indenture or contract of service, the apprentice or servant may make complaint on oath, to any two of the magistrates mentioned in section 1011, who must summon the defendant before them, at a specified time and place.

§ 1016. The magistrates must immediately, or at a time to which they may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint be well founded, must, by a certificate under their hands, with their name of office, discharge the apprentice or servant from the service of his master; or if not, they must, by a similar certificate, dismiss the complaint.

The last two sections are substituted for the following pro vision of the Revised Statutes: "If any master shall be guilty of any cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of the provisions of this Title, or of the terms of the indenture or contract, towards any such person so bound to service, such person may make complaint to any two of the officers specified in the preceding thirtieth section, who shall summon the parties before them, and examine into, hear and determine tho complaint, and by certificate under their hands, discharge such person from his obligation of service." 2 R S. 3d ed. 219, sec. 32.

1017. The preceding sections of this title do not extend to an apprentice, whose master has received, or is entitled to receive, a sum of money with him, as a compensation for his instruction.

Same as 2 R. S., 3d ed. 219, sec. 33.

§ 1018. Where money is paid or agreed to be paid, on binding out a clerk or apprentice, he may make the complaint mentioned in section 1015, and the magistrates to whom it is made, must examine it, as provided in section 1016, and on such examination, may make such order and direction between the parties, as the justice of the case may require.

Same as 2 R. S. 3d ed. 219, sec. 34.

§ 1019. If, in the case mentioned in the last section, the complaint cannot be compromised, the magistrates must take a written undertaking from the master, for his appearance at the next court of sessions of the county, in a sum, and with sureties approved by them.

Same as 2 R. S. 3d ed. 219, sec. 35.

§ 1020. Upon hearing the parties, the court may, by an order entered upon the minutes, direct that the clerk or apprentice be discharged from service, and that the money paid or agreed for in binding him out, be refunded, if paid, to the person who advanced it, or his personal representatives, or if not paid, that it be discharged, and that any security given therefor be delivered up or cancelled.

Same as 2 R. S. 3d ed., 219, 220, sec. 36.

§ 1021. The master of a clerk or apprentice, where money is paid or agreed for on binding him out, may make the complaint mentioned in section 1011, and the magistrate to whom it is made, must proceed thereupon, as provided in sections 1012 to 1014, both inclusive, and may discharge the complaint, or if in his opinion it be well founded, may take a written undertaking, in a sum and with sureties to be approved by him, for the appearance of the clerk or apprentice at the next court of sessions of the county.

Same as 2 R. S., 3d ed., 220, sec. 37.

§ 1022. Upon hearing the parties, the court may proceed as provided in section 1020, and may punish the clerk or apprentice, by fine or imprisonment, or both, as for a misdemeanor.

Same as 2 R. S., 3d ed., 220, sec. 38