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By HOWARD P. NASH.
I. PROCEEDINGS TO BIND AN APPRENTICE, 2.
1. In General, 2.
2. Orphans or Poor Children Order of Court, 2. II. PROCEEDINGS AGAINST THE MASTER, 3.
1. Complaint by an Apprentice, 3.
a. Generally, 3.
b. Verification, 4.
6. Order Remanding Apprentice to Service, 8. III. PROCEEDINGS AGAINST THE APPRENTICE, 9.
1. Complaint by Master, 9.
7. Order Discharging Apprentice from Apprenticeship, 12.
1. At Common Law, 12.
(a) For Not Serving His Time, 14.
of Master's Place of Business, 16.
aa. For Not Instructing Him, 20.
(1) That Master did Instruct, 24.
2. Under the Codes and Practice Acts, 28.
a. Complaint or Petition on Indentures of Apprenticeship, 28.
(2) Complaint by an Apprentice against His Master, 30. V. ASSUMPSIT FOR NOT PAYING PART OF THE MONEY AGREED TO
BE PAID WITH AN APPRENTICE, 30.
1. Declaration in Case, at Common Law, 31.
For Forms in proceedings by a Master to Recover Money Lost by an Appren
tice at Gambling, see the title GAMBLING. For Forms in proceedings more or less akin to the proceedings in relation to
Apprentices, see the titles MASTER AND SERVANT and PARENT
I. PROCEEDINGS TO BIND AN APPRENTICE.
1. In General.
As a general rule, any minor, with his consent if above the age of fourteen, and without it if below that age, may be bound to some art, trade, or industry; if a boy, until the age of twenty-one; if a girl, until the age of eighteen, or to the time of her marriage within that age.
Such minor may be bound by his father, 1 or, in the event of the father's death, incompetency, or desertion, by his mother, or, if an orphan, by his guardian. In most jurisdictions provision is made for the binding out of poor orphans or abandoned children by either the overseers of the poor, Probate Court, County Court, or some other officer or court. 2. Orphans or Poor Children - Order of Court.
Form No. 2017.
February 1, 1896.2 Comes now, on this day, Oliver Orphan, a resident of the county and state aforesaid, being a minor, and an orphan without visible means of support,3 as well as Samuel Master, a resident of said
1. The forms to be used by parents and conclusion of orders in any parand guardians in binding out minors ticular jurisdiction, including the stateas apprentices, being merely matters of ment of venue, term of court, and the contract not pertaining to court pro- title of the proceeding, etc., consult ceedings proper, are not within the the title ORDERS. scope of this article.
8. Or “whose parents have not the 2. For the formal commencement means to provide for and support him,"
county, a watch maker by trade; and it appearing to the court that the said Oliver Orphan is desirous of being bound and apprenticed to the said Samuel Master until he, the said Oliver Orphan, shall attain the full age of twenty-one 1 years, for the purpose of learning the said trade; and the said Samuel Master in open court consenting that the said Oliver Orphan shall be so bound and apprenticed to him, and acknowledging himself, by the record of this court, as agreeing and being bound to furnish 2 the said minor with a sufficiency of wholesome meat and drink, and of good clothing; to treat him humanely, furnishing him with suitable medicine and medical attendance in case of his sickness; to teach him or to have him taught the elements of reading, writing, and arithmetic; and to use all suitable means to instruct him in the said art and trade of watchmaking; and the said agreement appearing to the court to be in accordance with law, and the said Samuel Master appearing to be a proper and suitable person to have the care and education of the said Oliver Orphan: It is ordered, that the said agreement be and hereby is ratified and confirmed, and by the authority of this court made of full force and effect between the said Samuel Master and Oliver Orphan; and, accordingly, the said Oliver Orphan is hereby bound and apprenticed unto him, the said Samuel Master, upon the conditions aforesaid, until he, the said Oliver Orphan, shall have attained the age of twenty-one 3 years.*
II. PROCEEDINGS AGAINST THE MASTER.
1. Complaint by an Apprentice.
Form No. 2018. To the Honorable the Superior Court of the County of San Mateo,
State of California. *I, Oliver Orphan, apprentice to Samuel Master, watchmaker, of Redwood City in said county, hereby make complaint to you that the said Samuel Master, to whom I am legally bound by indentures of apprenticeship, the term of service in which has not yet expired,1 has cruelly beat,2 bruised, and wounded me the said Oliver Orphan, being his apprentice as aforesaid, to wit, at Redwood City aforesaid, on the tenth day of June, 1895.
or “whose parents refuse to provide prescribed by statute. The officer or for and support him.” As the juris- court may, however, insert any condidiction of the courts over orphans and tions for the benefit of the apprentice poor children is limited and special, which in his or its discretion may be every order for binding a child as an
deemed proper. apprentice should exhibit the facts re- 3. If a girl, “ eighteen years," or quired by law for giving jurisdiction. “ eighteen years, or to the time of her Freeman v. Strong, 6 Dana (Ky.) 283. marriage within that age,” according
1. If a girl, “ until she shall attain to the statutory provision of the par: the full age of eighteen years," or ticular jurisdiction. “until she shall attain the full age of 4. For the formal commencement eighteen years, or to the time of her and conclusion of orders in any parmarriage within that age,” according ticular jurisdiction, including the stateto the statutory provision of the par- ment of venue, term of court, and the ticular jurisdiction.
title of the proceeding, etc., consult 2. Where a public officer or court the title ORDERS. has authority to bind out apprentices, 6. For the formal commencement of the conditions to be inserted in the in- the petition in any particular jurisdic. denture in favor of the apprentice are tion, including the statement of venue,
Oliver Orphan. ( Verification as in Form No. 2019.)
b. Verification. 3
Form No. 2019.
State of California,
Oliver Orphan, the person named in the foregoing complaini,
the term of court, and the.title of the State of Illinois, proceeding, consult the title Peti- Greene County. Tions.
We, Samuel Master, Samuel Short, 1. Where money has been paid, or and William West, of Carrollton, in agreed to be paid, as a compensation said county, acknowledge ourselves for the instruction of the apprentice, to be indebted to the people of the the following words should be inserted state of Illinois in the sum of one in the complaint at this point: “And thousand dollars, to be well and truly who has received the sum of fifty dol- paid, if default shall be made, in conlars as compensation for my instruc- dition following: Information on oath tion," or "And who is entitled to re- having been made to the undersigned, ceive the sum of fifty dollars on the Abraham Kent, justice of the peace first day of January, 1896, as a com- (or judge of the Circuit) (or judge of pensation for my instruction.”
the County Court) of said county, that 2. Here should be given a detailed the said Samuel Master is about to statement of the particular misusage remove from this state one Oliver or cruelty complained of, as, for ex- Orphan, his indentured apprentice, ample, " has misused and ill-treated contrary to the statute in such case me the said Oliver Orphan, being his made and provided; and after due exapprentice as aforesaid, by refusing to amination into the premises, there befurnish me with necessary provisions ing reasonable ground to believe such and clothing,” or “has not made use to be the case : of the best means he could to teach me Now, therefore, the condition of this or have me taught the said trade of recognizance is such that if the said watchmaker, but instead thereof has Samuel Master shall not remove from employed me in other work contrary the state the said Oliver Orphan, his to the covenants of the indenture.” apprentice as aforesaid, then this re
The removal of an apprentice from cognizance shall be void, otherwise of the state is always ground for com- full force and effect. plaint. In some jurisdictions, on com
Samuel Master. (SEAL) plaint under oath to a justice of the
Samuel Short. (SEAL) peace, or to a judge, that the master is
William West. (SEAL) about to remove his apprentice from Taken, subscribed, and acknowl. the state, the justice of the peace or edged, this 10th day of Fanjudge, on finding reasonable ground to uary, 1893, before me. believe that the master is about so to
Abraham Kent, remove the apprentice, may require the Justice of the Peace (or Fudge). master to enter into a recognizance 3. For the form of verification in a with sufficient security. The recog. particular jurisdiction, consult the title nizance is as follows:
being duly sworn, deposes and says that the facts and circumstances stated and set forth by him in said complaint are true.
Oliver Orphan. Subscribed and sworn to before me, this 10th day of June, 1895.
John Hancock, 1 Clerk of the (SEAL)
Superior Court of San Mateo County.
2. Complaint by Third Person.
Form No. 2020.
(Commencing as in Form No. 2018, and continuing down to *.) Comes William West, overseer of the poor (or selectman) of the town of Haddam, and in his capacity aforesaid complaint makes, and gives said justice to understand that on the 10th day of January, 1890, Oliver Orphan, a poor boy of said town of Haddam, then aged twelve years, was by the then overseers of the poor of said town, by indenture in writing, bound as an apprentice to (or, Comes John Orphan, the father of, or Samuel Short, the guardian of, Oliver Orphan, and complaint makes, and gives said justice to understand that on the 10th day of January, 1890, Oliver Orphan, with the consent of his said father, or guardian, bound himself by indenture in writing as an apprentice to) Samuel Master, a watchmaker, of Haddam, with him the said Samuel Master to dwell and serve from the day of the date of the said indenture of apprenticeship until the said Oliver Orphan should attain the full age of twenty-one 2 years, according to the statute in such case made and provided. And that the said Samuel Master, in and by the terms and conditions of said indenture, covenanted and agreed among other things, that he would, during all the term aforesaid, find, provide, and allow unto said apprentice a sufficiency of good meat, drink, apparel, and all other things necessary and proper for an apprentice; and that the said Samuel Master, in violation of said terms of indenture, wholly refuses to provide the said apprentice with necessary provisions and clothing (or allege any other acts of cruelty or misuse on the part of the said master).
Wherefore the said William West, overseer (or selectman) as aforesaid (or John Orphan, the father, or Samuel Short, the guardian, as aforesaid), prays that process may issue against the said Samuel Master to cite him to appear before you to answer to this complaint, according to the statute in such case made and provided. Dated the 10th day of January, 1893.
the town of Haddam. (Verification as in Form No. 2019.)
1. If the complaint were sworn to Kent, Justice of the Peace," no seal before a justice of the peace the jurat being used. would be signed simply
" Abraham 2. See supra, note 3, p. 3.