Id. s. 25. 1793, c. 45, s. 7. Orphans' Court may award and compel performance of contract, defec as small debts; and the father, guardian, or master of such ap prentice or other minor shall also be entitled to recover damages in an action on the case against the person so offending. 25. If any contract of apprenticeship, whether defective in form. or not, hath been partly executed, the Orphans' Court may award and compel the terms, or any part of the terms, to be performed by the master or mistress, or by the apprentice, as justice and equity may require; and the master or mistress of any apprentice may Master may de- detain the said apprentice in his or her service till such apprentice tain apprentice, shall be discharged by the court, and maintain such action against strangers as if such apprentice had been legally bound to serve. tive in form. Id. s. 26. 1793, c. 45, s. 7. Apprentice running away, Orphans' Court may award compensation. Id. s. 27. 1793, c. 45, s. 16. 26. If any apprentice shall abscond or run away from his master or mistress, or in any way absent himself from the service of said master or mistress, the Orphans' Court may, during the whole of the remainder of the time during which such apprentice hath to serve, or at any time within five years thereafter, award such compensation to be made by such apprentice to his master, either by service or payment of money, as justice and equity may require, and may enforce payment so awarded by an attachment of contempt against his person or fieri facias against his goods. 27. Every apprentice whose master shall die and leave a widow, Apprentice sub- shall continue at his home and business as before the death of his until discharged master, and shall be subject to the control and directions of the ject to widow, by Orphans' Court. Id. s. 28. 1793, c 45, ss. 2, 5, 14; 1814, c. 104; 1830, c. 64, s. 7. When widow may assign. widow until the said apprentice shall be discharged by the Orphans' Court, or dealt with as hereinafter directed; and the Orphans' Court may continue any apprentice in her service so long as they shall be satisfied that the widow hath it in her power to and doth fulfil the contract made with her husband; and the harborers of any such apprentice before they are discharged by the court, shall be considered and shall suffer the same penalties as the harborers of other apprentices. 28. The widow of any master of a male apprentice may, with the approbation of the Orphans' Court, if the apprentice was bound. 1794, c. 47, s. 1; by the Orphans' Court, or the trustees of the poor, or two justices of the peace, the directors of the Maryland Penitentiary, or managers of the House of Refuge, or if the said apprentice was bound by his father, with the approbation of the father, assign the whole residue of the contract, on such consideration as she may agree for, to some other person of the same trade with the first master, and the new master and the apprentice shall be bound to perform the residue of the contract as if the master had been an original party thereto; and the gratuity or consideration, if any, received by the widow for such apprentice's time, shall be to her own use, and shall not be considered as assets of the deceased husband. Id. s. 29. Widow may sur 29. Where a female child is bound out to a married man, she 1793, c. 45, s. 14. shall serve out the residue of her time with the widow, on the death of the husband, and the widow shall make good and strictly comply with the terms of the contract with her deceased husband; but if render female apprentice. the widow shall not think proper to keep such apprentice girl, she shall carry such apprentice to the Orphans' Court of the county and deliver her up, when she shall be again bound out as herein before directed. 1793, c. 45, s. 15. where father refuses consent by widow. 30. In every case where the consent of the father cannot be ob- 14. s. 30. tained by the widow of any deceased master to assign the residue Proceding of the contract of any apprentice, the Orphans' Court, or any two justices of the peace in the county where the deceased master did to assignment last reside, may appoint three persons of the same trade or occupation with the deceased master, any two of whom shall have power to value, upon oath, the residue of the contract, and the father may make his election either to pay the widow such valuation, or the widow shall have power to make the assignment without his consent, of the residue of the indenture, with the approbation of the Orphans' Court. NEGRO APPRENTICES. 1839, 35, s. 1; 1849, c. 341. child to be 31. The several Orphans' Courts of this State shall, upon in- 14. s. 31. formation being given to them, summon before them the child of 1818, 189, s. 1; any free negro, and if it shall appear upon examination before such 16, c. 355; court that it would be better for the habits and comfort of such child When negro that it should be bound as an apprentice to some white person to learn to labor, the court shall bind such child as an apprentice to some white person, if a male, till he is of the age of twenty-one years, or if a female, till she is of the age of eighteen years. bound by Orphans' Court. 23 d. 503; 25 500; 38 Md. 110. Md. 501; 30 Md. a. s 32. 1839, c. 35, s. 5. Sheriff or constable to bring child before 32. The sheriff, or any constable of the county or city, shall serve any process issued by the Orphans' Court to bring the child of any free negro before the court, and in the service of such process, shall arrest and carry such child before the court on the day therein court. named. 1818, c. 189, s. 2; 33. No negro child shall be bound under this article if the parent Id. s. 33. or parents have the means and are willing to support such child, 1839, c. 35, s. 6. and keep the same employed so as to teach habits of industry; and Not to be bound the parent or parents shall be summoned to be present at such to support. binding. if parents able 1818, c. 189, s. 2 34. In binding such children, the Orphans' Court shall give pref- Id. s. 34. erence to those persons who may be selected by the parents, if there 189, c. 35, s. 6. be any, and if not, by the children, if the person selected by them Parents to have be approved by the court. choice of 1839, c. 35, s. 1. to contain and 35. Every such indenture of apprenticeship shall state the name Id. s. 35. and age of the child bound, and the name of the master, and shall What indenture be recorded in the office of the register of wills of said county, at where recorded. the expense of the master, within one month after the making of the same; and no indenture under this section shall be invalid for want Not void from of form, if it contains the name of the master and the name and age of the apprentice. want of form. 1824, c. 87, s. 1. 36. It shall not be necessary in any such indenture, or in any Id. s. 36. indenture of a negro made by the trustees of the poor, to require that any education shall be given to such negro apprentice. Indenture not to require education of child. Id. s. 37. 1839, c. 35, s. 2; 1844, c. 247. Transfer of apprentice. Id. s. 38. 1839, c. 35, s. 6. tice to go to 37. The master of any negro apprentice, or the executor or assignee of such master, may, with the assent of the Orphans' Court, to be entered on the minutes, assign and transfer such apprentice to any other person residing in the same county. 38. Upon the death of the master, or his assignee, of any negro Negro appren- apprentice, the property and interest of the master or assignee shall pass to the widow, if there be a widow, of such deceased master or assignee, and if no widow, then to the executor of said master or assignee. widow, or ex ecutor, if no widow. Id. s. 39. 1839, c. 35, s. 3. Penalty for enticing away. Id. s. 40. 1839, c. 35, s. 4. may extend time of negro absconding. 39. If any negro or other person shall entice or persuade any negro apprentice to run away or abscond from the service of the master or person entitled to his or her service, such negro or other person so offending shall, upon conviction in the Circuit Court of the county or the Criminal Court of Baltimore, be subject to fine and imprisonment as for a misdemeanor, or at the discretion of the court, be confined in the Penitentiary house of this State for not more than four years nor less than eighteen months. 40. If any negro apprentice abscond or run away, the Orphans' Orphans' Court Court of the county where he may have been bound shall have full power to adjudge and order such apprentice to serve such further time after the expiration of the period for which such apprentice may be bound, as will compensate the master or person entitled to the service for all loss occasioned by such running away, including expenses of recaption; and the said court shall have full power to authorize the master of such absconding apprentice to sell such apprentice, and for the whole period he may have to serve, to any person within this State; provided, the said court shall be satisfied that such apprentice was not induced to run away by the ill treatment or fraud, or contrivance of the master. Ill treatment, etc., by master. ARTICLE LV. PARENT AND CHILD. MAINTENANCE OF BASTARD CHILDREN. 1. When mother to give security to indemnify county; to be committed on refusal. 2. To be discharged on disclosing father; father to be arrested and required to give security. 3. Proceedings where father lives in another county. 4. Constable to inform justice of birth of illegitimate child. 5. Person charged as father may appeal; recognizance to be taken on appeal; if 6. Recognizance, where to be returned and 7. Order on father to pay mother for use or 8. How order enforced; scire facias on recog- 9. Word county to include Baltimore city. Art. 13, s. 1. when mother 1781, c, 13, s. 1. to give security to indemnify 1. Any justice of the peace, upon information given him of any white woman having an illegitimate child, may issue his warrant to a constable of the county or city, and the said constable shall thereupon take such person before some justice of the peace of the county. county, who shall require her to give security to indemnify the To be commited county from any charge that may accrue by means of such child, and upon neglect or refusal shall commit her to the custody of the sheriff of the county, to be by him kept until she shall give such se- Id. s. 2. curity. 2. But if the said person shall on oath discover the father of such child, the justice shall discharge her, and shall cause to be arrested and brought before him such father, if a resident of the county, and shall cause him to give security in the sum of eighty dollars to indemnify the county from all charges that may arise for the maintenance of such child. on refusal. 1781, c. 13, s. 1. To be dis charged on disclosing father. 9 Md. 21; 10 Md. 43 Md. 284; Father to be arrested and 164; 20 Md. 281; 10 G. & J. 374. required to give security. 1781, c. 13, s. 1. where father 3. If the father be a resident of any other county, the justice Id. s. 3. shall transmit, under his hand and seal, a copy of the proceedings Proceedings in such case had to a justice of the peace of the county in which lives in another such father shall reside, and the justice to whom the same shall be county. sent shall forthwith proceed against the father as by this article is directed. Id. s. 4. form justice of mate child. Id. s. 5. Person charged as father may appeal. 4. Every constable as often as he may have knowledge of any 1785, c. 47, s. 3. white woman having an illegitimate child within his district, shall Constable to ingive information thereof to some justice of the peace of his county, birth of illegiti who, upon such information, shall proceed as herein before directed. 5. If any person charged with being the father of an illegitimate 1781, c. 13, s. 2. child shall feel aggrieved by the judgment of the justice, the justice shall require him to enter into recognizance for his appearance at 10 Md. 165; 21 the next Circuit Court for the county, or the Criminal Court of Md. 422; 22 Md. Baltimore if in the city of Baltimore, and the said court shall take 33 Md. 468; 43 cognizance thereof, and such proceedings shall thereupon be had as 68. in other criminal cases; and if the person so charged be found guilty Recognizance to by the verdict of a jury, the court shall immediately order such per- appeal. son to give security to indemnify the county from any charges that If found guilty, 337; 31 Md. 113; Md. 284; 45 Md. be taken on to indemnify to give security may accrue for the maintenance of said child, and if he shall neglect or refuse to give such security, he shall be committed to the custody of the sheriff until he comply. county. Id. s. 6. 1785, c. 47, s. 2. Recognizance, where to be returned and recorded. 9 Md. 21. Id. s. 7. 1796, c. 34. tenance of such child. 24 Md. 383; 5 Gill, 90; 10 G. & J. 380. 6. Every justice by whom any recognizance to indemnify the county shall be taken, shall immediately return the same to the clerk of the Circuit Court for the county where he resides, or the clerk of the Criminal Court of Baltimore if he reside in the city of Baltimore, and the clerk of the said court shall record the said recognizance among the proceedings of the court, and the court shall, when necessary, issue such process thereon as hereinafter provided for. 7. Any justice of the peace, upon application of the mother of Order on father any illegitimate child, or any person to whose custody such child to pay mother for use or main- may have been committed to be maintained, verified by the oath of such mother or other person that he or she has not received any sum or sums of money from the father of such child or either of his securities, his or their or either of their heirs, executors or administrators, for the use or maintenance of such child more than credit given, shall issue an order requiring such father, his security or securities, his or their heirs, executors or administrators, to pay the mother or other person having the custody of said child, such a sum of money as may appear adequate for the maintenance of such child, not exceeding thirty dollars per annum, until the said child shall arrive at the age of seven years. Id. s. 8. 1796, c. 34. How order enforced. 43 Md. 284. Scire facias on recognizance. Id. s. 9. 1847, c. 66. 8. Upon proof of the service of such order upon the person or persons to whom the same may be directed, and demand of payment thereof, and that the money due thereon is unpaid, the clerk of the court in which the recognizance of the father may be filed shall forthwith issue a scire facias on such recognizance, for the use of such mother or other person entitled as aforesaid, and thereupon such proceedings shall be had as shall bring the matter in dispute fairly to trial at the next term thereafter without any impar lance or delay. 9. The word county in this article shall include the city of Balti more. Baltimore. |