ARTICLE LIV.

MASTER AND APPRENTICE.

WHITE APPRENTICES.

1. The Orphans' Court may hear and determine all matters dispute between masters and apprentices; may grant releases to apprentices; may rebind apprentices that may be released for cause otherwise, and shall have jurisdiction in all matters pertaining to masters and apprentices.

Art. 6, s. 1.
1847, c. 163.
Orphans' Court
to have jurisdic-
ters pertaining

1842, c. 25, s. 1;

tion in all mat

to masters and apprentices.

Right of appeal.

2. Either party feeling himself aggrieved by the decision or judg‐ 1a. s. 2. ment of the Orphans' Court, under the provisions of the preceding 1842, 6.255.2 section, may appeal to the Circuit Court of the county, or Superior 8 Md. 5. Court of Baltimore City; provided, such appeal be made within thirty days after the decision or judgment of the Orphans' Court.

Time.

Id. s. 3.

1793, c. 45, s. 7.

contract liable to fine.

3. If it shall appear to the court that the contract has been vioMaster violating lated on the part of the master or mistress, or that the complaint of such apprentice is well founded, the court may proceed to fine the said master or mistress, according to the offence, a sum not exceeding twenty-five dollars for the first offence, and for the second offence any sum not exceeding fifty dollars.

Id. s. 4.

1793, c. 45, s. 7. Discretionary power of court.

Id. s. 5.

1793, c. 45, s. 7.

For what causes may discharge apprentice on petition of

master.

Id. s. 6

1793, c. 45, s. 11.

Apprentice not to be carried out

of State.

4. The Orphans' Court may, in their discretion, discharge any apprentice because of imposition, or of the ill-behavior of the master or mistress, or of the hardness or unreasonableness of the terms of the contract, and shall provide such apprentice a new master, of the same trade or occupation as the first; and if the original contract was hard and unreasonable, such new contract shall be made as the court shall direct; and such new master shall be bound to do and perform the contract in the same manner that the original master ought to have done, and shall also pay unto the original master such sum of money as shall be adjudged reasonable by any two or three persons of the same trade or occupation, to be appointed by the court.

5. The Orphans' Court may, upon petition of any master or mistress, discharge him or her from his or her contract, because of an incorrigible temper, or of the ill-behavior of an apprentice.

6. No master or mistress of an apprentice bound within this State, shall send or carry his or her said apprentice out of the State. Any justice of the peace, on being credibly informed, or having from his own observation good reason to suspect that any master or mistress designs to carry or remove his or her apprentice out of this State (except mariners), shall require and take recognizance Security not to of such master or mistress, with reasonable and proper security, to be forfeited in case he or she shall directly or indirectly remove or carry such apprentice out of this State. And on such master or mistress's refusal to enter into recognizance, with security as aforesaid, such justice shall discharge such apprentice from his or her master, and provide another master as heretofore directed by this article.

remove.

Id. s. 7.

1793, c. 45, s. 9. Security to answer for ill treatment of apprentice.

7. If any judge or justice of the peace shall be informed, or shall know from his own observation, of any cruel or improper usage from any master or mistress to his or her apprentice, he may require and take a recognizance of such master or mistress, with reasonable and proper security, to be forfeited in case the said master or mistress shall not appear at the Orphans' Court of the county or city at its next regular meeting, to answer and abide the determination of the said court upon any complaint that may be exhibited by such ap prentice; or, in default thereof, may take away such apprentice from his master or mistress, and place the said apprentice so cruelly used under the care of some other person, who shall be bound to have the apprentice before the next Circuit Court or Criminal Court, to abide such determination as shall be made.

1793, c. 45, s. 10.

Apprentice con

victed of crime to serve further time.

8. If any apprentice shall be convicted of any offence in conse- Id. s. 8. quence of which judgment shall be entered against him for any fine or penalty and costs, the court by which such judgment shall be rendered shall adjudge and enter on their records the time for which such apprentice shall serve his master or mistress after the expiration of his apprenticeship, in case the master or mistress will pay the fine or penalty and costs; and if the said master or mistress pay the said fine or penalty and costs, the said apprentice shall be obliged to serve during the time adjudged by the said court.

9. In all cases where an apprentice hath been taken from, or detained against the will or consent of his master or mistress, the master or mistress may recover possession of such apprentice by action of replevin, as the owner of a personal chattel may recover possession thereof.

1a. s. 9. Master may

1825, c. 65. s. 1.

have replevin.

WHITE APPRENTICES.

Id. s. 10.
Orphans' Court

1793, c. 45, s. 2.

may bind out

10. The Orphans' Courts in the several counties and the city of Baltimore, may bind out as an apprentice to some manufacturer, mechanic, mariner, handicraftsman, or other person, at their dis- por orphans. cretion, any orphan child, the increase or profits of whose estate (whether real or personal) is not sufficient for the maintenance, support, or education of such orphan.

28 Md. 370.

1793, c. 45, s. 2. children whose

11. The said courts may also bind out as apprentices such chil- Id. s. 11. dren as are suffering through the extreme indigence or poverty of May bind out their parents, the children of beggars, illegitimate children, and the children of persons out of the State, where sufficient sustenance is not afforded.

12. When any child is about to be bound out, the parent or parents of such child (if living in the county) shall be summoned to appear before the court, and the inclination of the said parents, so far as is reasonable, shall be consulted in the choice of the person to whom the said child shall be bound.

parents are in

extreme indigence.

Id. s. 12.
Parents to be

1793, c. 45, s. 2.

consulted.

Id. s. 13.
Not to he

1793, c. 45, s. 2.

bound, if secur

ity given to

maintain.

13. When any child shall be brought before the court for the purpose of being bound out as an apprentice, if any relation or other person will, with good and sufficient security, enter into bond in the penalty of two hundred and fifty dollars for the due and comfortable man. maintenance, and for the providing sufficient and proper clothing for such child, till of age, as hereinafter mentioned, and also for the reasonable schooling and education of such child, then the court shall not proceed to bind out such child.

1808, c. 54.

14. The Orphans' Court shall, in all cases, have power to issue Id. s. 14. a citation to the sheriff, or any constable of the county, to cause to Child to be be brought before them any child whom they may bind out under brought before the provisions of the preceding sections.

court.

1793, c. 45, s. 2;

15. Every child bound out under the provisions of this article Id. s. 15. shall, if a male; be bound until he arrives at the age of twenty-one 1826. c. 155, ss. 3, years; or, if a female, the age of eighteen years. And the said 4; 1849, c. 341. courts shall, in all cases, make it a part of the contract on the part behoud

To what age to

Id. s. 16.
1793, c. 45, s. 6

of the master or mistress of such apprentice, that he, or she, shall give such apprentice reasonable education in reading, writing, and arithmetic, to be particularized therein; and also teach such apprentice, especially if a male, some useful art or trade; and, in all cases, supply suitable clothing and maintenance.

16. Any two justices of the peace of such county may bind out as an apprentice any child which the said court may bind, upon the 1826, c. 155, s. 2. terms, and for the time, and subject to the regulations and restric

1794, c. 47, s. 1; 1808, c. 54;

When justices may bind.

Contract to be approved by court and recorded.

tions herein before mentioned, and they may issue their citation to the sheriff or constable to bring such child before them; provided, the contract of apprenticeship so made shall, within two months thereafter, be approved by the said Orphans' Court by an indorsement thereon, and be recorded among the records of the said court. 17. The trustees of the poor in any county, or any three of them, Trustees of the or any officers in any county acting as trustees of the poor, may poor, in county, hind out any orphan or other poor child, under their care in the poororphans or chil- house of said county, to any discreet person applying therefor, al

Id. s. 17.

1793, c. 45, s. 5.

may bind out

dren in poorhouse.

Id. s. 18.

1793, c. 45, s. 5. Trustees to lodge indenture

wills.

ways giving preference to tradesmen and mechanics, and requiring said applicants to sign a good and sufficient indenture to learn said apprentice the occupation that he follows, and to find him in good and sufficient clothing, meat, drink, washing, and lodging, and give him education as hereinbefore required to be given to apprentices bound by the Orphans' Court.

18. Every indenture taken under the preceding section shall be lodged with the register of wills of the county where the same is with register of taken, by any one of the trustees of the poor of said county, within thirty days after the execution thereof, under the penalty of ten dollars for every neglect, to be recovered by presentment in the Circuit Court for the county where such child is bound, and applied to the use of said county; and the said register shall receive and record said indenture in the same manner as indentures taken by the Orphans' Court.

Penalty for neglect.

Id. s. 19.

1793, c. 45, s. 6; 1808, c. 54.

poor, in recess of Orphans'

Court, may bind out children of

19. The trustees of the poor in any county may also, in the recess of the Orphans' Court, upon information, issue their citation. Trustees of the to the sheriff, or any constable of the county, to cause to be brought before them the child or children of any pauper or vagrant, and bind them out as apprentices for the time and upon the terms herein before prescribed; provided, the contract of apprenticeship shall, within two months thereafter, be approved by the said Orphans' Court, by indorsement thereon, as aforesaid, and recorded among the records of the said Orphans' Court.

paupers or vagrants.

Contract to be approved by court and recorded.

Id. s. 20.

1793, c. 45, s. 4;

1849, c. 341.

Father may

bind child.

20. Any father may bind out his child as an apprentice on rea1793, c. 57, s. 20; sonable terms, for any time not longer than the full age of such child-that is to say, boys till twenty-one, and girls till eighteen years of age; and the terms of such apprenticeship, with the age of the apprentice, shall be contained in an indenture under the hand and seal of the father and master; and the said indenture shall be lodged by the said master with the register of wills of the

recorded.

county where such master resides, within thirty days after the exe- Indenture to be cution thereof, under the penalty of ten dollars, to be recovered and applied as the penalty mentioned in the eighteenth section of this article; and the register shall receive and record the said indenture.

1793, c. 45, s. 6.

or mechanic may take male child as appren

21. Any manufacturer or mechanic may take as an apprentice Id. s. 21. any male child, until he shall arrive at the age of twenty-one years; Manufacturer provided, that the contract so made shall specify the age of the child at the time of making the same, and that the parent or parents tice. of such child (if living), or if an orphan, the Orphans' Court of such county as the child shall reside in, shall see the contract within Contract to be two months after its execution, and notify its approbation thereof court and reby an indorsement on the same; and that the said contract be then recorded among the records of the Orphans' Court; and when so recorded, the said contract shall be of the same validity as if the validity. same had been originally made with the father of said child or with the Orphans' Court.

approved by

corded.

Id s. 22.
1817, c. 72, s. 1;

1814, c. 104;

1830, c. 64, s. 7;

Directors of

22. The directors of the Maryland Penitentiary, or any three of them, may bind as apprentices the free male convicts whose times of service in that institution shall expire before they are of age; 1849, c. 341. and may also bind as an apprentice until the age of eighteen years, penitentiary any free female convict whose term of service shall have ended may bind. before she has attained that age. They may also bind as apprentices, until the age of twenty-one for males, and eighteen for females, the children of female convicts brought into the penitentiary with their mothers, or born therein during their time of service; and the managers of the House of Refuge and of other institutions of this House of State, specially empowered to bind minors as apprentices, shall have Refuge, etc. the same power over minors committed thereto; and all indentures or contracts so made shall be recorded in the Orphans' Court of to be recorded. Baltimore City, within thirty days from the execution thereof. 23. All apprentices, except those bound to tradesmen and me- Id. s. 23. chanics residing in any town, shall be compelled to perform reason- Apprentices to able labor in wheat, rye, and hay harvest only, unless the particular vest. contract shall be otherwise.

When contracts

1793, c. 45, s. 13. work in har

1793, c. 45, s. 8;

1748, c. 19, s. 2; 1521, c. 219, s. 1. hig

Enticing away or harboring.

24. If any person shall entice any apprentice or other minor Id. s. 24. from the care, direction, service, or employment of the father, guardian, or master of such apprentice or other minor, or shall induce or encourage any apprentice or other minor to disobey any lawful command of his father, guardian, or master, or shall permit any apprentice or other minor to enter or remain in any house, store, shop, apartment, or dwelling used or occupied by such person after notice from the father, guardian, or master of such apprentice or other minor prohibiting the same, such person shall, for every such offence, forfeit the sum of twenty dollars, the one-half thereof Penalty. to the use of the State and the other half to the use of the informer, who shall sue for the same, to be recovered before a justice of the peace by action of debt in the name of the State in the same manner