APPRENTICES. 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. 2. Complaint by Third Person, 5. 4. Recognizance of Master, 6. 5. Order Discharging Apprentice, 7. 6. Order Remanding Apprentice to Service, 8. III. PROCEEDINGS AGAINST THE APPRENTICE, 9. 1. Complaint by Master, 9. 2. Warrant, 9. 6. Order for the Discharge of Master from His Contract, 11. IV. PROCEEDINGS ON AN INDENTURE OF APPRENTICESHIP, 12. a. Declaration in Covenant, 12. (1) Against Father for the Apprentice Absenting Himself, 12. (2) Against the Apprentice, 14. (a) For Not Serving His Time, 14. (b) For Revealing Secrets, 15. (c) For Exercising Trade within a Certain Distance of Master's Place of Business, 16. (3) Against the Master, 18. (a) By the Father of Apprentice for Discharging Him, 18. (b) By the Apprentice, 20. b. Pleas, 24. aa. For Not Instructing Him, 20. bb. For Dismissing Him, 20. cc. For Not Paying Wages, 21. dd. For Not Furnishing Him with Suitable Food, 23. (1) That Master did Instruct, 24. (2) That Master did Provide Board, 25. (3) That Master did Not Discharge Apprentice, 26. (4) That Apprentice Voluntarily Absented Himself, 26. (5) That It was Agreed that Master should Procure a 2 E. of F. P.-1 Substitute, 27. Volume II. 2. Under the Codes and Practice Acts, 28. a. Complaint or Petition on Indentures of Apprenticeship, 28. b. Under the Connecticut Practice Act, 29. (1) Complaint against the Father of an Apprentice by the Master, 29. (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. VI. PROCEEDINGS FOR ENTICING AN APPRENTICE FROM SERVICE, 31. 1. Declaration in Case, at Common Law, 31. 2. Complaint or Petition under the Codes, 32. CROSS-REFERENCES. For Forms in proceedings by a Master to Recover Money Lost by an Apprentice 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 AND CHILD. 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. In the Matter of the Apprenticeship of) In the Probate Court, Oliver Orphan, a minor. 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 guardians in binding out minors as apprentices, being merely matters of contract not pertaining to court proceedings proper, are not within the Scope of this article. 2. For the formal commencement and conclusion of orders in any particular jurisdiction, including the statement of venue, term of court, and the title of the proceeding, etc., consult the title ORders. 3. Or "whose parents have not the means to provide for and support him," county, a watchmaker 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. a. Generally. 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, or "whose parents refuse to provide for and support him." As the jurisdiction of the courts over orphans and poor children is limited and special, every order for binding a child as an apprentice should exhibit the facts required by law for giving jurisdiction. Freeman v. Strong, 6 Dana (Ky.) 283. 1. If a girl, "until she shall attain the full age of eighteen years," or "until she shall attain the full age of eighteen years, or to the time of her marriage within that age," according to the statutory provision of the particular jurisdiction. 2. Where a public officer or court has authority to bind out apprentices, the conditions to be inserted in the indenture in favor of the apprentice are prescribed by statute. The officer or court may, however, insert any conditions for the benefit of the apprentice which in his or its discretion may be deemed proper. 3. If a girl, "eighteen years," or "eighteen years, or to the time of her marriage within that age," according to the statutory provision of the particular jurisdiction. 4. For the formal commencement and conclusion of orders in any particular jurisdiction, including the statement of venue, term of court, and the title of the proceeding, etc., consult the title ORDERS. 5. For the formal commencement of the petition in any particular jurisdic. tion, including the statement of venue, 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. (Verification as in Form No. 2019.) Oliver Orphan. Oliver Orphan, the person named in the foregoing complainɩ, the term of court, and the,title of the proceeding, consult the title PETI TIONS. 1. Where money has been paid, or agreed to be paid, as a compensation for the instruction of the apprentice, the following words should be inserted in the complaint at this point: "And who has received the sum of fifty dollars as compensation for my instruction,” or “And who is entitled to receive the sum of fifty dollars on the first day of January, 1896, as a compensation for my instruction." 2. Here should be given a detailed statement of the particular misusage or cruelty complained of, as, for example, has misused and ill-treated me the said Oliver Orphan, being his apprentice as aforesaid, by refusing to furnish me with necessary provisions and clothing," or "has not made use of the best means he could to teach me or have me taught the said trade of watchmaker, but instead thereof has employed me in other work contrary to the covenants of the indenture." The removal of an apprentice from the state is always ground for complaint. In some jurisdictions, on complaint under oath to a justice of the peace, or to a judge, that the master is about to remove his apprentice from the state, the justice of the peace or judge, on finding reasonable ground to believe that the master is about so to remove the apprentice, may require the master to enter into a recognizance with sufficient security. The recognizance is as follows: State of Illinois, Greene County. SS. We, Samuel Master, Samuel Short, and William West, of Carrollton, in said county, acknowledge ourselves to be indebted to the people of the state of Illinois in the sum of one thousand dollars, to be well and truly paid, if default shall be made, in condition following: Information on oath having been made to the undersigned, Abraham Kent, justice of the peace (or judge of the Circuit) (or judge of the County Court) of said county, that the said Samuel Master is about to remove from this state one Oliver Orphan, his indentured apprentice, contrary to the statute in such case made and provided; and after due examination into the premises, there being reasonable ground to believe such to be the case: Now, therefore, the condition of this recognizance is such that if the said Samuel Master shall not remove from the state the said Oliver Orphan, his apprentice as aforesaid, then this recognizance shall be void, otherwise of full force and effect. Samuel Master. (SEAL) Taken, subscribed, and acknowl- Abraham Kent, Justice of the Peace (or Judge). 3. For the form of verification in a particular jurisdiction, consult the title VERIFICATIONS. being duly sworn, deposes and says that the facts and circumstances stated and set forth by him in said complaint are true. Subscribed and sworn to before me, this 10th day of June, 1895. (SEAL) Oliver Orphan. John Hancock, 1 Clerk of the 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 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. William West, Overseer of the Poor (or Selectman) of the town of Haddam. (Verification as in Form No. 2019.) 1. If the complaint were sworn to before a justice of the peace the jurat would be signed simply "Abraham Kent, Justice of the Peace," no seal being used. 2. See supra, note 3, p. 3. |
