Слике страница
PDF
ePub

of money, clothes, etc., must be given to or secured to the sole use of the apprentice.

Source: General Laws of 1909, chapter 249, sections 1 to 21; chapter 359, section 14; chapter 360, section 10.

SOUTH CAROLINA.

Who may indenture.-A minor may be bound out with the approbation of the father, mother, or guardian, or, if the minor has neither father, mother, nor guardian, of the grandfather, grandmother, or brother, sister, uncle, or aunt of mature age, in the order as above, or, if the minor has none of the above relatives, of the trial justice. Said approbation must be certified on the indentures by a trial justice under his hand and seal. A poor child chargeable to a county, and an illegitimate child likely to become chargeable to a county or to become demoralized by the vicious conduct and evil example of its mother or other person having charge of it, may be bound out by the county commissioners. Term.-Males may be bound as apprentices until the age of 21 and females until 18 years of age or until married within that age. Poor children bound out by the county commissioners may be apprenticed until the age of 16 years in the case of males and 14 years or until married within that time in the case of females.

Source: Civil Code of 1912, sections 973, 3799 to 3S08.

SOUTH DAKOTA.

Who may indenture.-A minor may bind himself out. The consent is necessary of both the father and mother; if the father is dead, of the testamentary guardian or executor, or, if no such guardian or executor has been appointed, then of the mother; if the father lacks capacity to consent or has abandoned or neglected to provide for his family, of the mother; if the mother is dead or lacks capacity to consent, of the father; if there is no parent of capacity to consent and no executor, of the guardian; if there is no such parent, executor, or guardian, then of the officers of the poor of the town or county, of any two justices of the peace of the county, or of the probate judge. A child who is, or whose parents are, chargeable to a county or city poorhouse, or who is in such poorhouse, may be bound out by the proper officers of the poor with the written consent of a justice of the peace. The State board of charities and corrections may bind out inmates of the State Reform School for Juvenile Offenders.

Term.-Male apprentices may be bound until 21 and female apprentices until 18 years of age, or for a shorter time. A minor capable of becoming a citizen of the State and coming from any other country, State, or Territory, and binding himself out for the purpose of paying his passage, may be bound for a term not exceeding one year, although such term extends beyond his majority.

Duty of master.-An apprentice must be taught reading, writing, and the general rules of arithmetic, or must be sent to school three months in each year for the period of the indenture. At the expiration of his term the master must give him a new Bible. It is unlawful to accept from an apprentice any contract or agreement or to cause him to be bound by oath or otherwise that, after his term of service has expired, he shall not set up his trade, profession, or employment in any particular place, shop, house, or cellar, or to exact from an apprentice, after his term of service has expired, any money or other thing, for using and exercising his trade, profession, or employment in any place.

Sources: Revised Codes of 1903, Civil Code, sections 163 to 181; Code of Criminal Procedure, section 705.

TENNESSEE.

Who may indenture.-The county court may bind out, in the name of the State, an orphan whose estates are of such small value that no person will educate or maintain him for the profits thereof, a base-born child, and any child totally abandoned by the father and for whom he fails to provide support and maintenance. In the last case above, the consent of the mother must be given in open court unless she is unable to provide for the maintenance of the child.

Term.-Orphan children may be bound out until the age of 21 years if males and 18 years if females. In the case of base-born children the age limit is 21 years for either sex,

Duty of master.-Masters are required to teach orphan apprentices, or cause them to be taught, to read and write and to cipher as far as the rule of three, and to make fit and necessary provision for their diet, clothes, lodging, and accommodations. Upon the completion of the apprenticeship the master is required to pay his apprentice $20 in addition to the stipulations in the contract, and to furnish him with one good suit of clothes.

Source: Code of 1896, sections 2706, 4321 to 4336.

TEXAS.

Who may indenture.—The county court may bind out an orpuan who is without sufficient estate for his maintenance and education, a child whose parents have suffered him to become a charge upon the county, and a child whose parents, not being a charge on the county, shall consent in writing to his apprenticeship, which consent shall be signed by them and filed and entered of record in such court.

Term.-Males may be bound out until 21, and females until 18 years of age or until married within that age.

Duty of master.—An apprentice must, if practicable, be sent to school at least three months in each year during the continuance of the apprenticeship and while he is within the scholastic age. Sufficient food and clothing and the necessary medicine and medical attention must be furnished. Moderate chastisement, as may be necessary and proper, may be inflicted upon the apprentice by the master.

Source: Revised Civil Statutes of 1911, articles 32 to 55.

UTAH.

Who may indenture.—A minor may be bound out by a parent or guardian, and if the minor is over 12 years of age the indentures must also be signed by him. The probate court or selectmen may bind out an idle, vicious, or vagrant minor child without its consent and without the consent of its parents or guardian, if said parents or guardian neglect, refuse, or otherwise fail in properly controlling the actions and education of such child, and do not train it up in some useful avocation; also a child whose parents, from habitual drunkenness and vicious and brutal conduct, etc., are not deemed suitable persons to retain the guardianship or control the education of it. The board of trustees of the State Industrial School may bind out children as apprentices with their consent or the consent of their parents or guardians.

Term. Apprentices may be bound until the attainment of the age of legal majority, which is 21 years in the case of males and 18 years in the case of females. Duty of master.-The master is required to send the apprentice to school while between the ages of 8 and 14 years, at least twenty weeks in each year, and to clothe him in a comfortable and becoming manner. Source: Compiled Laws of 1907, sections 74 to 83.

VERMONT.

Who may indenture.-A minor may be bound out by the father; or, if the father is dead or incompetent, by the mother or legal guardian; or, if there is no parent competent to act and no guardian, the minor may bind himself with the approbation of the selectmen of the town where he resides. If illegitimate he may be bound by his mother, but the power of a mother to bind out her children, whether legitimate or illegitimate, shall cease upon her subsequent marriage. The overseers of the poor may bind out the minor children of a poor person who has become chargeable to a town, or who is supported in whole or in part at the charge of such town, and minor children who are themselves chargeable to the town. The trustees of the reform school may bind out children committed to said school.

Term.-Children under 14 years of age may be bound out until that age. A minor over 14 years of age, whose consent is expressed in writing in the indenture, may be bound during minority, or if a girl, until married before becoming of age. The age of majority is 21 years for males and 18 years for females.

Inmates of reform schools may be bound only for the terms for which they were committed.

Duty of master.-Considerations of money or other things paid or allowed by the master upon a contract of apprenticeship must be paid or secured to the sole use of the apprentice. Parents, guardians, selectmen, and overseers are required to inquire into the treatment of apprentices bound by them, respectively, and defend them from cruelty, neglect, and breach of contract on the part of the master.

Source: Public Statutes of 1906, sections 3238 to 3263, 3686, 6000.

VIRGINIA.

Who may indenture.-A minor may be bound out by the guardian, or, if there is no guardian, by the father, or, if there is neither guardian nor father, by the mother. The consent, entered of record, of the court of the county or corporation in which the minor resides is necessary unless the minor, being An incorporated association, 14 years of age, gives his consent in writing.

asylum, or school instituted for the support and education of destitute children may bind out such children as have been placed in its charge. Overseers of the poor of a county or corporation may, if allowed by order of a court thereof, bind out any minor found begging in such county or corporation or who is likely to become chargeable thereto.

Term. The term of apprenticeship must continue until the apprentice attains the age of 21 years if a boy and 18 years if a girl. In the case of a minor placed in an asylum, school, etc., he may be bound only for the period for which he was placed in such institution.

Duty of master.-An apprentice must be taught, in addition to his trade, reading, writing, and common arithmetic including the rule of three. The money which the master is to pay for any year except the last, must at the end of the year for which it is payable, be paid to the father or mother, or part to each as the court may direct, or it may be reserved to be paid to the apprentice The money which the master is to pay at the end of the term with interest.

for the last year must be paid at the end thereof to the apprentice.

Interference. It is unlawful for any person to entice, take, or carry away an apprentice, or knowingly to employ, conceal, or harbor an apprentice who has deserted the service of his master.

Source: Code of 1904, sections 2581 to 2596.

WASHINGTON.

Who may indenture.-The county commissioners may bind out a minor likely to become chargeable to the county, either because of its being an orphan or because its parents or other relatives are unable or refuse to support it. Source: Codes and Statutes of 1910, section 8378.

WEST VIRGINIA.

Who may indenture.-A minor may be bound out by the father; if there is no father, by the guardian, or, if there is neither father nor guardian, by the mother. The consent, entered of record, of the county court of the county where the minor resides is necessary, unless the minor, being 14 years of age, gives his consent in writing. The clerk of a county may bind out any minor who is found begging therein or who is likely to become chargeable thereto. Male inmates of the Reform School may be bound out by the directors of said school.

Term. The term of apprenticeship must be until 21 years of age in the case of a boy and 18 years in the case of a girl.

Duty of master.-Besides teaching the apprentice a trade the master is required to instruct him in reading, writing, and common arithmetic. The money which a master is to pay for any year except the last must, at the end of the year for which it is payable, be paid to the father, the mother, or part to each as the court may direct, or it may be reserved to be paid to the apprentice at The money for the last year must be paid to the end of his term with interest.

the apprentice.

Interference.-It is unlawful to conceal or harbor an apprentice who has deserted his master.

Source: Code of 1899, chapter 81, sections 1 to 14.

WISCONSIN.

Who may indenture.—A minor may bind himself out of his own free will with the consent of the father, or, if the father is dead or not in legal capacity to give consent or shall have abandoned and neglected to provide for his family and such fact be certified by a justice of the peace of the town and indorsed on the indentures, then of the mother; if she is dead or not in a legal capacity to give consent, then of the guardian; if there are no parents living or none in legal capacity to give consent and no guardian, then of the supervisors or any two justices of the peace of the town where the mother resides. Minors who have become or are likely to become chargeable to any town or county may be bound out as apprentices by the supervisors. The managers of the Industrial School for Boys may bind out those committed to their care with the consent of their parents or guardians, if they have any.

Term.-An apprentice may be bound, if a male, until the age of 21 years, and if a female, until the age of 18 years, or until her marriage within that time, or for any shorter period.

Duty of master.-The master must obligate himself, in the indenture to instruct the apprentice in the whole of some trade, and that at least five hours per week shall be devoted to instruction in English, citizenship, business practice, physiology, hygiene, and the use of safety devices. At the end of the term he must give the apprentice a bonus of $50 and a certificate stating the term of apprenticeship.

Source: Statutes of 1911, sections 1511, 1527, 2377 to 2387, 4961, 4964.

UNITED STATES.

A Federal act passed January 12, 1895, authorizes the Public Printer to employ such number of apprentices, not to exceed 25 at any one time, as in his judgment is consistent with the economical service of the office.

MECHANICS' LIENS.

In the various States of the Union, a lien is charged by statute on the real estate benefited by the erection or repair of buildings or by other improvements, to secure to laborers, contractors, and material men the payment of the wages or other sums due them for labor done. or materials furnished.

Many States also give liens for labor done in and about mines and on railroads and public works, and on farms; also for labor done or materials furnished in the construction and equipment of vessels or for labor performed in navigating the same. These liens attach in some instances to the property itself, and in others to chattels or to designated funds.

Artisans, mechanics, and others are frequently given a statutory lien on articles of personal property made, repaired, or cared for by them at the request or on behalf of the owner.

As fairly representative of such statutes, the law enacted by the Congress of the United States to control the subject of liens in the District of Columbia is here reproduced, certain sections relating to proceedings in court and to the liens of innkeepers and liverymen being omitted.

Liens.

SECTION 1237. Every building erected, improved, added to, or Subject proprepaired by the owner or his agent, and the lot of ground on erty. which the same is erected, being all the ground used or intended to be used in connection therewith, or necessary to the use and

Lien

for what.

enjoyment thereof, to the extent of the right, title, and interest, at that time existing, of such owner, whether owner in fee or of a less estate, or lessee for a term of years, or vendee in possession given under a contract of sale, shall be subject to a lien in favor of the contractor with such owner or his duly authorized agent for the contract price agreed upon between them, or, in the absence of an express contract, for the reasonable value of the work and materials furnished for and about the erection, construction, improvement, or repair of or addition to such building, or the placing of any engine, machinery, or other thing therein or in connection therewith so as to become a fixture, though capable of being detached: Provided, That the person claiming the lien shall file the notice herein prescribed.

Filing notice.

Subcontractors, etc.

Scope

lien.

of

Notice to

owner.

Owner bound.

SEC. 1238. Any such contractor wishing to avail himself of the provision aforesaid, whether his claim be due or not, shall file in the office of the clerk of the supreme court of the District during the construction or within three months after the completion of such building, improvement, repairs, or addition, or the placing therein or in connection therewith of any engine, machinery, or other thing so as to become a fixture, a notice of his intention to hold a lien on the property hereby declared liable to such lien for the amount due or to become due to him, specifically setting forth the amount claimed, the name of the party against whose interest a lien is claimed, and a description of the property to be charged, and the said clerk shall file said notice and record the same in a book to be kept for the purpose.

SEC. 1239. Any person directly employed by the original contractor, whether as subcontractor, material man, or laborer, to furnish work or materials for the completion of the work contracted for as aforesaid, shall be entitled to a similar lien to that of the original contractor upon his filing a similar notice with the clerk of the supreme court of the District to that above mentioned, subject, however, to the conditions set forth in the following sections.

SEC. 1240. All such liens in favor of parties so employed by the contractor shall be subject to the terms and conditions of the original contract except such as shall relate to the waiver of liens and shall be limited to the amount to become due to the original contractor and be satisfied, in whole or in part, out of said amount only; and if said original contractor, by reason of any breach of the contract on his part, shall be entitled to recover less than the amount agreed upon in his contract, the liens of said parties so employed by him shall be enforceable only for said reduced amount, and if said original contractor shall be entitled to recover nothing said liens shall not be enforceable at all.

SEC. 1241. The said subcontractor or other person employed by the contractor as aforesaid, besides filing a notice with the clerk of the supreme court as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises; and on his failure to do so, or until he shall do so, the said owner may make payments to his contractor according to the terms of his contract and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the parties so employed by him reduced.

SEC. 1242. After notice shall be filed by said party employed under the original contractor and a copy thereof served upon the owner or his agent as aforesaid, the owner shall be bound to retain out of any subsequent payments becoming due to the contractor a sufficient amount to satisfy any indebtedness due from said contractor to the said subcontractor, or other persons so employed by him, secured by lien as aforesaid, otherwise the said party shall be entitled to enforce his lien to the extent of the amount so accruing to the principal contractor.

« ПретходнаНастави »