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This act to take effect and be in force from and after its passage.
. C. W. BABCOCK,
President of the Council.
S. MEDARY, Governor.
AN ACT concerning Apprentices.
Porsons bound as
If male, antil
Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
SECTION 1. Every person bound by indenture of his free will, be bound for time with the consent of his father, or if he be dead, of the mother or
guardian, and signified by such parent or guardian signing the same, or by the probate court, as hereinafter directed, to serve as clerk or apprentice, in any profession, trade or employment, until
the age of twenty-one years, or, if a female, until the age of sixtwenty one years, teen years, or for a shorter time, shall be bound to serve the time
specified in such indenture.
Sec. 2. Any infant, having no parent or guardian, may, with Bind themselves. the approbation of the probate court, endorsed on the indenture,
bind himself an apprentice until he arrives at the age of twentyone years, or, if a female, at the age of sixteen years.
Sec. 3. Upon the execution of every indenture of apprenticemsko affidavit of ship, the person to whom the apprentice is bound, shall make an
affidavit that he will faithfully perform the duties required by the indenture and enjoined on him by law, which affidavit shall be endorsed on the indenture.
SEC. 4. When the father has no legal capacity to give consent, or when he shall have wilfully abandoned his family for six months, without making suitable provisions for their support, or has become an habitual drunkard, the mother shall have the same power to give such consent as if the father was dead.
SEC. 5. Acts of incapacity, desertion or drunkenness, shall be ospacity of father decided in the probate court, by a jury, before the indenture shall beton va inden- take effect, and an endorsement on the indenture, under the seal
of the court, that the same are proved, shall be sufficient evidence
Parties to whom
are bound to
When the mother mhall have the pover.
Jury in probata
, on endorse
proved true costs
court may bind
minors may be
ture to be depos
of the mother's power to give such consent; but if the jury do not find the charge of incapacity, drunkenness or desertion to be le char kon not true, the person at whose instance such proceedings may have paid by party been had, shall pay all costs attending the same.
Sec. 6. When any poor child is, or may be, chargeable to the When probate county, or shall beg for alms, or when the parents of such chil- out poor children. dren are poor, and the father an habitual drunkard, or if there be no father, when the mother is of bad character, or suffers her children to grow up in habits of idleness, without any visible means of obtaining an honest livelihood, it shall be lawful for the probate court to bind such child an apprentice until, if a male, he arrives to the age of twenty-one years, and if a female, to the age of sixteen years.
Sec. 7. Every orphan or minor, who has not estate sufficient When “orphans or for his maintenance, may be bound by his guardian, under the bound by guardiorder and direction of the probate court, and the indenture binding such infant, shall be as effectual as if such infant were of full age ; and the counterpart of such indenture shall, for the Daplicate indenbenefit of the infant so bound, be deposited with the clerk of the ited with clerk of probate court in which such binding shall take place, for safe keeping
Sec. 8. It shall not be lawful for any master to remove an ap- Apprentices.not prentice out of this Territory, and in all indentures by the pro- from bate court, for binding out any orphan or poor child as an apprentice, there shall be inserted, among other covenants, 3 clause to the following effect : That every master to whom such child shall be bound, shall cause such child to be taught to read and write, and the ground rules of arithmetic, the compound rules taupant to read, and the rule of three, and at the expiration of his time of service, shall give him a new Bible, and two new suits of clothes ; if a bouna loro outras male, to be worth forty do lars, and, if a female, to be worth service. twenty dollars, and ten dollars in current money of the United States.
Seo. 9. The probate court shall see that the terms of the in- Probats court to denture, and the covenants therein contained, be fulfilled, and that indenture. such child be not ill used ; and the said court is hereby required to inquire into, and redress any greivances that may occur in the premises, in such manner as is prescribed by law.
Sec. 10. The age of every apprenticc shall be inserted in the Age to be inserted indepture.
Sec. 11. All indentures entered into otherwise than according Indentnres not to law, shall be utterly void, so far as concerns the apprentice roiu. therein bound.
froin the Territo
Children to be
at expiration of
according to law
Apprentice may complain to probate court.
Cases heard and determined by a jury.
When prebate court may dis
Court may hear complaints of mastors.
Sło. 12. The probate court shall receive the complaints of apprentices who reside within the county, against their masters, alleging undeserved or immoderate correction, insuficient allowance of food, raitnent or lodging, want of instruction in their trade or profession, or that they are in danger of being removed out of this Territory, or the violation of the indentures of apprenticeship ; and may hcar and determine such cases by a jury, and make such order therein as will reliere the party injured, in future.
Sec. 13. The probate court shall have power, when circumcharge an appren- stances require it, to discharge an apprentice from his apprentice
ship; and in case any money or other thing has been paid, or contracted to be paid by either party, in relation to such apprenticeship, the court shall make such order concerning the same, as shall seem just and reasonable. If the apprentice so discharged shall have been originally bound by the probate court, it shall be the duty of the court, if they judge necessary, again to bind such apprentice.
Sec. 14. The court shall, in like manner, hear and determine the complaints of masters against their apprentices, for desertion without good cause, miscarriage or ill behavior, and may punish such apprentice according to the nature and aggravation of his offence; and if the offence be wilful desertion, without cause, the
court may, in addition to other punishments, order the apprentice spalty guilty thereof, to make restitution by the payment of a sum not
exceeding ten dollars, for each month he may be so absent, to be
collected as other debts, after such apprentice shall have become, Costs at the dis- of full age. The awarding of costs in the proceedings under this
section shall be in the discretion of the court.
Sec. 15. If any apprentice shall abscond or depart from the Puls apprentice service of his master, without leave, or shall rebel against or
assault his master, any judge or justice of the peace, on complaint made, and suficient cause shown, on oath, by the master, or any one on his behalf, shall issue a warrant directed to any sheriff or constable within this Territory, or any discreet and responsible person, to be named in the warrant, to execute the
same in any part of this Territory. May be carried Seo. 16. If, upon the return of any such warrant, the probate
court shall not be in session, it shall be the duty of the person serving the same, to carry the apprentice before some judge or justice of the peace of said county, who shall take bail for the appearance of the apprentice at the next term of the court, to
Penalty wil. ful desertion by un apprentice.
rretion of the court.
Warrants may be issued for ab
before judge or jastice of peace.
Corts by whom
ducing to ab
answer to the complaint of the master; or for want of bail, to May do imprison-
Sec. 17. Every person who shall counsel, persuade, entice or Penalty for in:
Sec. 18. Every person who shall entertain, harbor or conceal Donalty for harany apprentice, knowing such apprentice to be runaway, or to have absented himself from the service of his master, without leave, shall forfeit one dollar for every day's entertainment, harboring or concealing, to be sued for, and recovered by action of debt, with costs, by such master, in any court having jurisdiction thereof.
Sec. 19. The executor, who, by the last will of a father, is di- When oxecutore rected to bring up his child to some trade or calling, shall have ticer. power, with the consent of the mother, if living, to bind such child by indenture in like manner as the father, if living, might have done ; or shall raise such child according to such direction, if consented to by the mother.
Sec. 20. If it shall appear to any judge or justice of the peace, Complaint upon the oath of any competent person, that any master is about how mado. to remove, or cause to be removed, any apprentice out of this Territory, such judge or justice shall issue his warrant, and cause such master to be brought before him; and, if upon examination, it shall appear that such apprentice is in danger of being removed without this Territory, the judge or justice may require the master to enter into recognizance with sufficient security, in the Master to give sum of one thousand dollars, conditioned that such apprentice shall not be removed without this Territory, and that said master will appear with the apprentice before the probate court, at the next term thereof, and abide the decision of the court thereon, which recognizance shall be returned to the probate court; and the court shall proceed therein, in a summary manner, and may discharge or continue the recognizance, or may require a new recognizance, and otherwise proceed according to law and justice.
may bind appren
Mastor failing to give bond.
Maager of discharge upon remoral of master.
Indentures to survive against living partners.
Sec. 21. If the master, when brought before the judge or justice, fails to enter into recognizance when required so to do, such judge or justice shall commit the custody of such apprentice to some other proper person, who will enter into recognizance.
Sec. 22. Whenever any master of an apprentice shall wish to remove out of this Territory, or to quit his trade or business, he shall appear with his apprentice before the probate court of the proper county; and if the court be satisfied that the master has done justice to said apprentice for the time he has had charge of the same, such court shall have power to discharge such apprentice from the service of such master; and again bind him, if necessary, to some other
person. Sec. 23. When any person shall become bound as an apprentice to two or more persons, and one or more of them die before the expiration of such term of service, the indenture shall survive to and against such survivor; and, in case of the death of all masters in any such indenture, before the expiration of the term of service, the executor or administrator shall bring the indenture and apprentice named therein, before the probate court of the proper county, and such court shall, if necessary, again bind such apprentice to some other person.
Sec. 24. If any apprentice shall absent himself from the service of his master, without leave, or shall run away, so that the master shall be deprived of his service during the remainder of the time, or any part thereof, for which he was bound to serve, the master of such apprentice may have an action, in any court of competent jurisdiction, against such apprentice, after he arrives at full age, for the damages that such master may have sustained by reason of the absence of such apprentice; such action shall be brought within two years after such apprentice arrives at full age.
This act to take effect and be in force, from and after the first day of June next.
C. W. BABCOCK,
President of the Council.
S. MEDARY, Governor.