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This act to take effect and be in force from and after its
Speaker of House of Representatives.
President of the Council.
Approved February 11, 1859.
S. MEDARY, Governor.
Persons bound as
AN ACT concerning Apprentices.
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.
If male, antil
or female until
sixteen years of
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.
Parties to whom they are bound to
SEC. 3. Upon the execution of every indenture of apprenticemake 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.
When the mother shall have the
Jury in probate eourt, decide on
and endorse de
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 espacity of father decided in the probate court, by a jury, before the indenture shall cision on indon- take effect, and an endorsement on the indenture, under the seal of the court, that the same are proved, shall be sufficient evidence
proved true costs
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 true, the person at whose instance such proceedings may have paid by party been had, shall pay all costs attending the same.
court may bind
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.
minors may be
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 of binding such infant, shall be as effectual as if such infant were of full age; and the counterpart of such indenture shall, for the benefit of the infant so bound, be deposited with the clerk of the probate court in which such binding shall take place, for safe keeping.
ture to be depos
ited with clerk of
to be removed from the Territo
SEC. 8. It shall not be lawful for any master to remove an apprentice out of this Territory, and in all indentures by the probate court, for binding out any orphan or poor child as an apprentice, there shall be inserted, among other covenants, a 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 taught 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 male, to be worth forty dollars, and, if a female, to be worth twenty dollars, and ten dollars in current money of the United States.
Children to be
Masters to be
bound for outfit service.
at expiration of
Probate court to indenture.
enforce terms of
SEO. 9. The probate court shall see that the terms of the indenture, and the covenants therein contained, be fulfilled, and that 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 apprentice shall be inserted in the Age to be inserted indenture.
according to law
SEC. 11. All indentures entered into otherwise than according Indentures not to law, shall be utterly void, so far as concerns the apprentice void. therein bound.
Apprentice may complain to probate court.
Cases heard and determined by a
When prebate court may dis
SEC. 12. The probate court shall receive the complaints of apprentices who reside within the county, against their masters, alleging undeserved or immoderate correction, insufficient allowance of food, raiment 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 hear and determine such cases by a jury, and make such order therein as will relieve 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 apprenticeship; and in case any money or other thing has been paid, or contracted to be paid by either party, in relation to such appren ticeship, 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.
Court may hear complaints of masters.
Pensity for wil
ful desertion by an
Costs at the discretion of the court.
Warrants may be
issued for abseonding or un
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 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, 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 ruly 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 sufficient 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 before judge or
SEC. 16. If, upon the return of any such warrant, the probate justice of peace. 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
Costs by whom
answer to the complaint of the master; or for want of bail, to May be imprison commit him to prison until the sitting of the next court, unless the master shall consent to his discharge. The costs of the process, service and commitment, shall be paid, in the first instance, paid. by the master; but the court, upon the final hearing, may order such apprentice to make restitution of such costs, by service, after the expiration of the time for which he shall have been bound.
Penalty for in
ducing him to ab
SEC. 17. Every person who shall counsel, persuade, entice or assist any apprentice to run away or absent himself from the service of his master, shall forfeit not less than twenty, nor more than five hundred dollars, to be sued for and recovered, with costs, by such master, in any court having jurisdiction thereof. SEC. 18. Every person who shall entertain, harbor or conceal Penalty 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.
may bind appren
SEC. 19. The executor, who, by the last will of a father, is directed to bring up his child to some trade or calling, shall have tices. 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.
security againet removal.
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 made. 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.
Master failing to give bond.
Maaner of dis
charge upon removal of master.
Indentures to survive against living partners.
Absenting withqut leave.
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.
Speaker of House of Representatives.
Approved, January 31, 1859.
S. MEDARY, Governor.