Page:The American Cyclopædia (1879) Volume I.djvu/640

 604: APPRENTICE ent or guardian on the other. It is commonly in writing and under seal, and is to be regarded like any other contract of that sort. It has been said that at common law the infant is bound by an engagement of this sort, because it is an agreement that certainly must be for his benefit. But it is probable that this is not the rule, and that the infant is not bound by his contract of apprenticeship more than he is by any other of his contracts. The statutory law may however declare that he shall be bound in such a case, and it usually does. It has also been held in the United States, though otherwise in England, that at common law the parent or guardian may bind the minor with- out his joining in or assenting to the articles. But the statutes of almost all our states ex- pressly require the infant's assent. The long existing statute of New York on the subject may be referred to as fairly illustrating the American law on the subject. By that statute, every male infant and every unmarried female under the age of 18 years may with the con- sent of the proper parties bind himself or her- self in writing to serve as clerk, apprentice, or servant in any trade, profession, or employ- ment, if a male till 21 years of age, and if a female till 18 years of age, or for any shorter term; and such engagement is as binding on the infant as if he or she were of full age. The engagement, however, must be with the consent of the father; and by a statute of 1862, if the mother be living, it is not valid without her written consent also. But if the father be dead, or incapable of giving his as- sent, or have neglected his family, the consent must be given by the mother; or if she be dead, or incapable, or refuse, then by the le- gally appointed guardian ; or if there be none, or he be incapable, then by the overseers of the poor or any two justices of the peace of the town where the infant resides. The con- sent in either instance must be in writing. The executor of a father's last will, who has been directed to bring up the child to some trade or calling, may also bind the infant to an apprenticeship. Superintendents and over- seers of the poor of counties, or overseers of the poor of a town, with the consent of two justices of the peace, or of the mayor, recorder, or an alderman, may also bind out children who are charges on a county, town, or city. By recent statutes idle and truant children may also be bound to apprenticeships by simi- lar officers. The age of the infant must bo stated in the indentures, and will be taken to be the true age ; but public officers authorized to make the contract must inform themselves of the true age fully. Any sum of money agreed tp be paid by the master must be men- tioned in the articles. If the child is appren- ticed by public officers, the indentures must contain an agreement on the part of the mas- ter that he will cause the child to be taught reading and writing, and if a male, arithmetic. Any person coming from a foreign country may bind himself to service if an infant, until 21 years of age ; and if the agreement is made in order to earn the price of his passage money to this country, it shall not be for a longer term than one year, and in this case the inden- ture must be acknowledged by the apprentice on a private examination before the mayor, recorder, alderman, or justice of the peace. An indenture of this sort may be assigned by the master with the consent of either of these officers. No indenture is valid against the ap- prentice unless it is made in the manner here prescribed. If the apprentice absent himself from his service, he must serve double time, though not for more than three years beyond the original term. Complaints by the master of the misbehavior of the apprentice are to be heard by certain officers, and the apprentice may be punished by confinement, or in a proper case the officers may discharge the ap- prentice from his service, and his master from all obligation to him. The apprentice may also be discharged from service by the same officers on his complaint of ill usage by his master ; and in such a case the master may be bound over to answer in a court of sessions. The law in these respects is substantially the same in Michigan, "Wisconsin, Iowa, and Ken- tucky as in New York. By a recent statute of New York (1869) all institutions for the re- ception of minors must, on binding children in their charge to apprenticeships, take bonds to the people, in which the master shall under- take to treat the children kindly. By the stat- ute of New York passed in 1871, it is provided that it shall not be lawful to take as an ap- prentice any minor without first obtaining the consent of his legal guardians ; nor shall any minor be taken as an apprentice unless an in- denture be drawn up according to the require- ments of the act; and the indenture must be under seal, and signed by the employer, the apprentice, and his parents or parent if liv- ing, or if not, then by his legal guardians. The indenture, to be valid, must also contain cer- tain covenants and provisions expressly pre- scribed by the act. The apprentice shall engage to serve not less than three nor more than five years, and shall also covenant not to leave his master during the term of service. The master must covenant to provide the apprentice prop- er board, lodging, and medical attendance ; to teach him every branch of the business for which he is indentured ; and at the" end of the terra to give him a certificate in writing stating that he has served his full time. Any person taking an apprentice without complying with these requirements is guilty of a misdemeanor and liable to a fine of $500. No indenture made under the statute shall be cancelled before the expiration of the term except in case of death, or by an order of a court for good cause. If the apprentice leave his employer without his con- sent or without good cause, and refuse to re- turn, he may be arrested and committed to a jail or house of correction for such term as the