1885, e. 120, ss. 2, 3. For contests over custody of children, see section 1853. For effect of divorce on children see section 1570. For right of parent to determine custody of children by deed or will, see section 1762. For small allowance paid to indigent children by clerk, in certain cases, see section 924. Facts to be passed upon in determining if child shall be restored: Newsome v. Bunch, 142-19, 144-15. Where father of good character had left child with grandparents, but subsequently desired it; held entitled: Newsome v. Bunch, 144-15; Latham v. Ellis, 11630. Father entitled to custody, except when parted with it by deed or is unfitted to care for child: Ibid.

CHAPTER 3.
ALIENS.

182. May take and hold lands. It shall be lawful for aliens to take both by purchase and descent, or other operation of law, any lands, tenements or hereditaments, and to hold and convey the same as fully as citizens of this state can or may do, any law or usage to the contrary notwithstanding.

Code, s. 7; 1870-1, c. 255. As to alien holding land which he acquires by grant, see section 692.

183. Prior contracts validated. All contracts to purchase or sell real estate by or with aliens, heretofore made, shall be deemed and taken as valid to all intents and purposes. Code, s. 8; 1870-1, c. 255, s. 2.

CHAPTER 4.

APPRENTICES.

I. POWER OF CLERK.

184. To apprentice, or send to orphanage. Upon complaint made in writing by three reputable citizens to the clerk of the superior court of any county that there is any infant in such county. subject to any of the conditions enumerated in this chapter, it shall be the duty of the said clerk of the superior court upon ten days' notice to the complainants, and the parents or persons with whom

such infant resides, to examine into the allegations of the said. complaint, upon oath, and if the said clerk of the superior court. shall find upon such examination that the conditions set forth in such complaint are true, it shall be the duty of said clerk in his discretion to procure for said infant admission into some orphan asylum in the state, or to bind out the said infant as an apprentice.

1889, c. 169, s. 2; 1901, c. 628. Mother entitled to child, even though another more suitable: Mitchell v. Mitchell, 67-307; Ashby v. Page, 106-328-unless mother disreputable, Ashby v. Page, 106-328. Facts necessary to be found: Ashby v. Page, 106-328. Under former statutes, held to be prudent for child to be present when bound, see Ambrose v. Ambrose, 61-91; but see Owens v. Chaplain, 48-323. Under former statutes, relation of court to master and apprentice discussed in Beard v. Hudson, 61-180.

185. To determine incapacity, desertion or drunkenness. Incapacity, desertion or drunkenness shall be decided before the clerk of the superior court upon application, as in special proceedings, when necessary.

1889, c. 169, s. 19. Desertion defined: Stout v. Woody, 63-37.

186. Must examine persons as to circumstances; tradesmen of useful art preferred. On application of any person to have an apprentice bound to him, it shall be the duty of the clerk to inform himself of the circumstances of the case, and for this purpose he may cite before him the relatives of the orphan or infant for examination on oath, and he may examine also such other persons as he may deem proper. In the selection of an employer, he shall prefer, so far as may be consistent in other respect with the comfort and interest of the apprentice, some tradesman of a useful art or mystery. No white child shall be apprenticed to any other than a white person.

1889, c. 169, ss. 1, 8. Kind of employer required under former statutes, see Allison v. Norwood, 44-414.

187. May modify; discharge apprentice and re-apprentice. The clerk shall have power, when circumstances require it, upon application of either the employer or the apprentice, to modify the indentures of an apprentice or to discharge him from his apprenticeship; and in case any money or other thing of value has been paid by either party in relation to such apprenticeship, the clerk shall make such order concerning the same as shall be just and reasonable; and he shall have power where an apprentice is discharged to re-apprentice him, when such a course shall seem proper and practicable.

1889, c. 169, s. 13. Cancellation of indenture under former statutes reviewed in Owens v. Chaplain, 48-323.

188. May direct disposition of wages. When money, wages or other thing of value is agreed to be paid to the apprentice, the clerk is empowered to direct such disposition of the same as shall seem to him just and proper; and in the case of money, he may either direct that so much be placed at the disposal of the apprentice as shall be proper, or so much paid to the parents of the apprentice for their use, or so much paid into the clerk's office to the credit of the said apprentice.

1889, c. 169, s. 5.

189. Guardian to be appointed when $100 in clerk's hands. Whenever as much as one hundred dollars shall come into the hands of any clerk of the superior court belonging to an apprentice by reason of the preceding section, it shall be his duty to appoint and qualify a guardian for the estate of said apprentice, and turn the said funds over to said guardian for investment; and the said guardian shall be appointed and qualified and be governed by the same rules and regulations as guardians of said estate.

1889, c. 169, s. 6. For payment by clerk to indigent child of estate less than twenty dollars, see section 924.

II. THE APPRENTICE.

190. Who may be apprenticed. Children who may be apprenticed shall include:

1. All orphans whose estates are of so small value that no person will educate and maintain them for the benefit thereof.

2. All infants whose fathers have deserted their families and been absent six months, leaving them without sufficient support.

3. Any poor child who is or may be chargeable to the county or shall beg alms.

4. Any child who has no father, and 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.

5. All infants whose parents do not habitually employ their time in some honest, industrious occupation.

6. All indigent infants under sixteen years of age who, on account of the neglect, crime, drunkenness, lewdness or other vice of the parents, or person with whom such infants reside, are in circumstances exposing such infants to lead an idle and dissolute

life.

1889, c. 169, s. 2; 1901, c. 628.

191. May make complaint of ill usage, violation of indenture; duty of clerk. Upon the complaint of any apprentice that his

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employer is guilty of cruelty or ill usage toward said apprentice, or refuses him necessary provisions or clothing, or violates any other stipulation of the indenture or of the law toward such an apprentice, the clerk may, by order, compel the appearance of the said employer before him, when he shall examine and determine the complaint, and if the same is well founded, he shall cancel the indenture and discharge such apprentice from his obligation of service, and may proceed to apprentice the discharged infant to some other employer.

1889, c. 169, s. 10; 1762, c. 69, ss. 19, 20. Master criminally liable for punishing apprentice from motives of malice: State v. Dickerson, 98708.

192. Compelled to serve. If an apprentice refuses to serve as required by the indenture or by law, the clerk may, on. application of the employer, compel him by citation or otherwise to appear for inquiry into the facts and if the complaint is well founded and the apprentice persists in such refusal, the clerk may commit him by warrant to the house of correction or to the common jail of the county until he consents.

1889, c. 169, s. 9.

193. Person enticing away apprentice, penalty. If any person shall entice away an apprentice from his employer, he shall pay therefor three dollars for every day the apprentice shall remain out of the service of the said employer; and any person who shall knowingly conceal, harbor or employ such an apprentice shall in like manner pay the employer therefor three dollars per day for every day such apprentice shall be concealed, harbored or employed.

1889, c. 169, s. 15. Enticing away apprentice of another, damages for, under prior statute, see Stout v. Woody, 63-37; McKay v. Bryson, 27216; Hiatt v. Gilmer, 28-450; Hooks v. Perkins, 44-21; Ferrell v. Boykin, 61-9.

III. THE EMPLOYER.

194. Shall provide, what. Whenever an indigent child shall be apprenticed, his employer shall, in the indenture, agree to provide (1) diet, clothes, lodging and accommodations fit and necessary; (2) that the apprentice be taught to read and write and the rules. of arithmetic to the double rule of three; (3) six dollars in cash, a new suit of clothes and a new Bible at the end of the apprenticeship; (4) such other education as may be agreed upon and inserted in the indenture by the clerk; (5) the clerk shall also insert in the indenture the amount of money or other thing of value to be paid to the apprentice by his employer annually during the continuance

of the apprenticeship, so that the indenture will show the compensation to be paid the apprentice for each year's service.

1889, c. 169, s. 4. Under former statute if apprentice could not learn, when properly taught, covenant to teach was not violated, see Wyatt v. Morris, 19-108. Death of master, effect of, under former statute as to covenants treated in Goodbread v. Wells, 19-476. Employer has entire term to comply: Ibid.

195. Annual report made by, to clerk. Employers of apprentices shall be required in the indentures made before the clerk to make a report annually to him as to whether the stipulations in the indenture have been performed or not, as required in the same, in which shall be set forth the amount to be paid, and the amount actually paid said apprentice, and also the progress and general condition of the apprentice, including his moral, mental and physical condition; which report shall be required under the same pains, penalties and regulations as is required of guardians. The said employer shall also, at the end of the apprenticeship, make a final report to the clerk as to the apprenticeship as guardians are required to do.

1889, c. 169, s. 7.

196. Shall not remove apprentice from state; indenture cancelled, when. It shall not be lawful for an employer to remove an apprentice out of this state, and whenever any employer of an apprentice shall wish to remove out of this state, or to quit his trade or business, he shall appear with his apprentice before the clerk of the proper county, and if the clerk be satisfied the employer has done justice to the said apprentice for the time he has had charge of him, he shall have power to discharge such apprentice from the service of such employer and again bind him, if necessary, to some other person.

1889, c. 169, s. 14.

IV. THE INDENTURE.

197. In name of clerk and employer. Indigent children when apprenticed shall be indentured in the name of the superior court clerk of the county where they reside, of the first part, and the employer to whom apprenticed, of the other part.

1889, c. 169, s. 1.

198. For what time apprenticed. Indigent male children may be apprenticed till the age of twenty-one, and females till the age. of eighteen; but said children shall be apprenticed for a less number of years, whenever in the opinion of the clerk the best interests