1. If any male person within the age of twenty-one years, or any female person within the age of eighteen years, shall be bound by indenture, of his or her own free will and accord, and by and with the consent of his or her father, or in case of the death of his or her father, by and with the consent of his or her mother or guardian, to be expressed in such indenture, and signified by such parent or guardian sealing and signing the same indenture, and not otherwise, to serve as a clerk, apprentice, or servant, in any art, craft, mystery, science, profession, trade, employment, manual occupation, or labor, until, if a male, he arrive to the age of twenty-one years, and if a female, until she arrive to the age of eighteen years, or for any shorter time, then the said clerk, apprentice, or servant, so bound as aforesaid, shall serve accordingly. 2. The age of every infant, who shall be bound to serve as a clerk, apprentice, or servant, according to the preceding section, shall be mentioned and inserted in his or her indentures, but such entry shall not be conclusive as to the age of such infant, and the true age of such infant may be inquired into and given in evidence in any court or before any magistrate, when the same shall or may come in question; and in case any infant shall be bound to serve beyond the time at which said infant, if a male, shall have arrived at the age of twenty-one years, or if a female, at the age of eighteen years, the said indenture shall be void as against such infant, so far as the age inserted in said indenture shall exceed the age aforesaid: Provided, that nothing in this section shall in any way impair the obligation of any covenant entered into by the parent or guardian of such infant, as to the age or time of service of such infant, nor shall it impair or affect any contracts or indentures made with foreigners to serve for a term of years. 3. All indentures, covenants, promises, and bargains of or for the having, taking, or keeping of any clerk, apprentice, or servant, hereafter to be made or taken otherwise than by this act, or by any act authorizing overseers of the poor and justices of the peace to bind out children in certain cases, is limited and prescribed, shall be utterly void in law, as against such clerk, apprentice, or servant only. 4. No deed, contract, agreement, or writing whatsoever, made or to be made for binding any person as a clerk, apprentice, or servant as aforesaid, shall be *deemed to be void and of no effect, by reason of such deed, contract, agreement or writing not being indented only. [*23 5. If any master or mistress shall be guilty of any misusage, refusal of necessary provision or clothing, unreasonable correction, cruelty or other ill treatment, so that his or her said clerk, apprentice or servant shall have any just cause to complain, or if the said clerk, apprentice or servant shall absent himself or herself from the service of his or her master or mistress, or be guilty of any misdemeanor, miscarriage or ill behavior, or do not his or her duty to his or her master or mistress, then the said master or mistress, or the said clerk, apprentice or servant, being aggrieved, and having just cause of complaint, shall repair to one justice of the peace, within the county where the said master or mistress dwells, who shall, in his wisdom and discretion, take such order and direction between such master or mistress, and his or her clerk, apprentice or servant, as the equity of the case shall require; and if the said justice of the peace cannot compound or agree the matter between such master or mistress, and his or her clerk, apprentice or servant, then the said justice shall call to his assistance two other justices of the peace of the said county, unconnected with either of the said parties; which three justices, when met, shall constitute a court for the hearing of the said matters in difference, and having heard the same, shall have authority to discharge, if they think proper, by writing, under their hands and seals, or the hands and seals of any two of them, the said clerk, apprentice or servant, of and from his or her clerkship, apprenticeship, or service, and to order such part or proportion of the money as shall have been given, paid, contracted, or agreed for, with or in relation to such clerk, apprentice, or servant, as they shall think just and reasonable, to be refunded or paid back to the person who paid the same, his or her executors or administrators, or to be deducted, as the case may require; and such writing as aforesaid, shall be a sufficient discharge for the said clerk, apprentice or servant, against his or her master or mistress and his or her executors and administrators, the said indenture or any law to the contrary notwithstanding; and if the default shall be found to be in the clerk, apprentice or servant, then the said court shall cause such due correction or punishment to be administered unto him or her as they shall deem to be just and reasonable; and if any person shall think himself or herself aggrieved by such adjudication of the said justices, he or she may appeal to the next court of general quarter sessions of the peace, in and for the county where such adjudication shall have been made, such person giving six days' notice of his or her intention of bringing such appeal, and of the cause and matter thereof to the adverse party, and entering into a recognizance within three days after such notice, before some justice of the peace of the said county with sufficient surety, conditioned to try such appeal at, and abide the order or judgment of, and pay such costs as shall be awarded by the said court; which said court, at their said sessions, upon due proof, upon oath or affirmation of such notice being given, and of entering into such recognizance as aforesaid, shall be and hereby are empowered and directed to proceed in and hear and determine the cause and matter of such appeal, and give and award such judgment therein with costs, to either party, appellant or respondent, as they in their discretion shall judge proper and reasonable. 6. Every person, who shall counsel, persuade, entice, aid or assist any clerk, apprentice or servant to run away, or absent himself or herself from the service of his or her master or mistress, shall forfeit and pay the sum of thirty dollars, to be sued for and recovered by action of debt, with costs, by such master or mistress, in any court of record having cognizance thereof. 7. Every person, who shall entertain, harbor or conceal any clerk, apprentice or servant, knowing such clerk, apprentice or servant to have run away, shall forfeit and pay one dollar for every day's entertaining, harboring or concealing as aforesaid, to be sued for and recovered by action of debt, with costs, by such master or mistress, in any court of record having cognizance thereof. 8. Whenever a male servant, above the age of twenty-one years, or a female servant above the age of eighteen years, shall abscond from his or her master or *24] *mistress's service, or run away, it shall be lawful for such servant, when apprehended, to be taken by such master or mistress before three justices of the peace of the county where such master or mistress resides, who, upon the hearing of the whole matter, shall adjudge the said servant to serve any term, not exceeding double the time he or she so absented him or herself, besides paying or serving for all damages and costs, which such master or mistress shall be adjudged to have sustained by such unlawful absence or departure. 9. Every clerk, apprentice or servant, under the ages mentioned in the preceding section, who shall absent himself or herself from the service of his or her master or mistress, without leave first obtained, or who shall run away, so that the said master or mistress shall be deprived of his or her service during the re mainder of the term or any part thereof, for which he or she was bound to serve, then, and in such case, it shall be lawful for the master or mistress of such clerk, apprentice or servant, to have an action on the case, in any court having cognizance thereof, against such clerk, apprentice or servant for the damage that such master or mistress may have sustained by reason of the absence of such clerk, apprentice or servant: Provided, such action shall be brought within the term of six years after such clerk, apprentice or servant shall arrive at full age. 10. No writ of certiorari or other process, shall issue or be issuable, to remove into the supreme court, any proceedings had in pursuance of this act, before any justice or justices of the peace, or before any court of general quarter sessions of the peace. 11. No indenture made prior to the twelfth day of March, eighteen hundred and forty-four, shall be adjudged or held to be void, merely for that such indenture is made to several persons constituting a firm or copartnership, but that all such indentures, being in other respects legal, shall be deemed and held valid and effectual in law: Provided, nevertheless, that nothing herein contained shall be so construed as to render valid any indenture of apprenticeship made to any incorporate company. 12. In all cases of an indenture whereby an apprentice or servant was bound prior to the said twelfth day of March, eighteen hundred and forty-four, to serve several persons, constituting a firm or copartnership, and one or more of such persons shall die before the expiration of the term of apprenticeship or service mentioned in any such indenture, then that the covenants and agreements contained therein, on the part of the parent or guardian of such apprentice or servant, and on the part of such apprentice or servant, shall accrue and be performed to the survivors or survivor, and such survivors or survivor shall perform and fulfil to the apprentice or servant, all the covenants and agreements contained in any such indenture on the part of the persons to whom such apprentice shall be bound, to be performed, fulfilled and kept. Supplement. Approved March 17, 1854. (Pam. 444.) 13. SEC. 1. The binding by indenture mentioned in the first section of the act to which this is a supplement, may lawfully be made to two or more persons constituting a firm or copartnership; and all such indentures, if in other respects. conformable to the provisions of said act, shall be deemed and held to be valid and effectual in law: Provided, that nothing herein contained shall be so construed as to render valid any indenture of apprenticeship made to any incorporated company. 14. SEC. 2. In all cases of an indenture, whereby an apprentice or servant is or shall be bound to serve several persons, constituting a firm or copartnership, and one or more of such persons shall die before the expiration of the term of apprenticeship or service mentioned in any such indenture, then the covenants and agreements contained therein, on the part of the parent or guardian of such apprentice or servant, and on the part of such apprentice or servant, shall accrue and be performed to the survivors or survivor, and such survivors or survivor shall perform and fulfil to the apprentice or servant, all the covenants and agree*ments contained in any such indenture on the part of the persons to whom such apprentice shall be bound, to be performed, fulfilled and kept. Supplement. Approved March 15, 1859. [*25 15. SEC. 1. The binding by indenture mentioned in the first section of the act to which this is a supplement, may lawfully be made by the board of managers of the House of Refuge incorporated by the state of Pennsylvania, and all such indentures, if in other respects conformable to the provisions of said act, shall be deemed and held to be valid and effectual in law. 16. SEC. 2. That all bindings heretofore made by the said board of managers are hereby declared valid and effectual in law. Northern Home of Pennsylvania may bind, act of 1862. mation, &c., in New York may bind, act of 1864. Society for Refor NOTES. The indenture must be signed by the apprentice, or it is void as regards him; but the master is liable for a breach of his covenants, in an indenture not signed by the apprentice. Penn. 977. 1 South. 84. The indenture must have a wax or wafer seal; a scroll is not sufficient. 1 Hal. 175. To recover a penalty under the above act, the apprentice must be one bound according to law. Penn. 845. A guardian signing an indenture is not bound for the stipulations of faithful service entered into by the apprentice, but only for his own covenants. Penn. 540. Two justices cannot discharge an apprentice upon a complaint of the father; they have no jurisdiction of the case, unless the complaint be from the apprentice or the master. 4 Hal. 65. An indenture which does not state the age of the apprentice is void as against him, but not as against the other parties to it. Penn. 725. A father cannot maintain an action for the services of his son, who lived with defendant under void indentures. Penn. 725. The master of an apprentice cannot take him out of the state, unless the indenture gives that power, or it necessarily follows from the nature of the trade. 1 Binn. 202. 6 S. & R. 526. See 1 Gr. 227. 2 Gr. 321. A certiorari may be allowed to the sessions. 3 Hal. 305. 4 Hal. 65. Submission made rule of court, ARBITRATION. 1 Process for witnesses' and referees' fees, 2 Arbitrators to be sworn, 3 Process for witnesses before arbitrators, 4 [See Practice of Law.] An Act for regulating references and determining controversies by arbitration. 567 1. It shall and may be lawful for all persons who are desirous of ending, by arbitration, any controversy, suit, quarrel or matter in contention, for which there is, no other remedy but by personal action, or suit in equity, to agree, that their submission of the suit to the award or umpirage of any person or persons shall be made a rule of any of the courts of record of this state, which the parties shall choose, and to insert such their agreement in their submission, or the condition of the bond, or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons; which agreement, being so made and inserted in their submission, or promise, or condition of their respective bonds, shall or may, upon producing an affidavit thereof, made by the witnesses thereunto, or any one of them, in the court of which the same is agreed to be made a rule, and reading and filing the said affidavit in court, be entered of record in such court, and a rule shall thereupon be made, by the said court, that the parties shall submit to, and finally be concluded by, the arbitration or umpirage which shall be made concerning them by the arbitrators or umpire pursuant to such submission; and in case of disobedience to such arbitration or umpirage, the party refusing or neglecting to perform and execute the same or any part thereof, shall be subject to all the penalties of contemning a rule of court, when he is a suitor or defendant in such court, and the court, on motion, shall issue process accordingly, which process shall not be stopped or delayed in its execution by any order, rule, command or proçess of any other court, either of law or equity, unless it shall be made to appear on oath or affirmation to such court, that the arbitrators *or umpire misbehaved themselves, and that such award, arbitration, or umpirage, was procured by corruption or other undue *26] means. 2. Any arbitration or umpirage, procured by corruption or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any court of law or equity, so as complaint of such corruption or undue practice be made in the court where the rule is made for submission to such arbitration or umpirage, before the last day of the next term after such arbitration or umpirage has been made and published to the parties. 3. Whenever a cause shall be referred by rule of court to referees, the report or award of such referees, or of the major part of them, if confirmed by the court, shall be final, and conclude the parties; and if any sum be thereby found for the plaintiff or plaintiffs, judgment shall be entered and execution issued for the same, with costs, if, by law, the plaintiff or plaintiffs would have recovered costs, had a verdict passed in the same cause for the sum so reported to be due; but if the referees, or the major part of them, report that there is not anything due to the plaintiff or plaintiffs, and the report be confirmed, then judgment shall be entered against the plaintiff or plaintiffs, that he, she or they take nothing by his, her or their writ, bill or plaint, and the defendant or defendants shall, in such case, have judgment for and recover his, her or their costs against the plaintiff or plaintiffs, if, by law, the defendant or defendants would have been entitled to costs, had a verdict passed in the same cause for him, her or them; and if the referees, or the major part of them, report any sum to be due to the defendant or defendants, and the report be confirmed, then judgment shall be entered and execution issued against the plaintiff or plaintiffs, for the sum so reported to be due to such defendant or defendants, with costs, if, by law, the defendant or defendants would have been entitled to costs, had a verdict in the same cause passed against him, her, or them. 4. In every cause referred by rule of court, each referee shall, before he proceeds to the business of the reference, take an oath or affirmation faithfully and fairly to hear and examine the cause in question, and make a just and true report according to the best of his skill and understanding; which oath and affirmation any judge of any court of record, or any justice of the peace of this state, is hereby authorized and required to administer. 5. In every cause referred by rule of court, process of subpoena may issue out of such court to convene witnesses before the referees, and the said witnesses shall be examined on oath or affirmation; which oath or affirmation the referees in the said cause are hereby authorized to administer; and there shall be allowed to every such referee one dollar for every day necessarily spent in the business of the reference, besides a reasonable allowance for his expenses, which, in the first instance, shall be paid by the prevailing party, and shall afterwards be allowed to such party in the taxation of costs where costs are recoverable. 6. In cases of arbitration, every arbitrator shall, before he proceeds to the business submitted to him, take an oath or affirmation of the like nature with that hereinbefore prescribed to be taken by referees, and to be administered in like manner. 7. In all cases of arbitration, it shall be lawful for any justice of the peace within the county wherein such arbitration may be, to issue subpoenas for witnesses to appear before the arbitrator or arbitrators, and for him or such arbitrator or arbitrators to swear or affirm such or any other witnesses before the same; and if any such witness shall not appear when so subpoenaed, or if appearing, shall refuse to be sworn or affirmed and give evidence, he shall be liable to the same fines and penalties as he would be by law for such default or refusal, if committed in any court of record in this state. NOTES. An award must be consonant to the submission, and must comprehend every thing submitted, at least all things within the submission that were brought before the arbitrators. It must be so certain, that no reasonable doubt can arise upon the face of it, as to its meaning; and must be final, so as conclusively to settle the matter in dispute. But the awarding of any one particular thing, if that includes and ends all the matters in dif- [*27 |