TITLE 4. [154] Who may bind them. selves as apprentices, &c. For what terms. Who to consent to such bind ing. 9 Barb., ARTICLE FIRST, OF APPRENTICES AND SERVANTS BOUND BY INDENTURES. SRC. 1. How and for what term minors may bind themselves as apprentices, etc. 2. By whom consent to such binding to be given. 3. Consent how signified. 4. Executors, in certain cases, may bind out minors. 5. Who may be bound out by county superintendents of the poor 6. Who may be bound out by overseers of poor of a town. 7. Consent of a justice necessary to binding out Indian children. 8. Age of infants to be inserted in indentures. 9. Money paid, etc., on binding out, to be stated in indentures. 10. Special agreement to be inserted in indentures by overseers, etc. 11. Duplicates of indentures by overseers and superintendents, where to be deposited. 12. Indentures by foreigners being minors. 13. How to be acknowledged and certified. 14. When and how such indentures may be assigned. SECTION 1. Every male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may of his or her own free will, bind himself or herself, in writing, to serve as clerk, apprentice or servant in any profession, trade or employment; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, of for any shorter time; and such binding shall be as valid and effectual, as if such infant was of full age, at the time of making such engagement. 25 Barb., 207; 13 Barb., 286; 12 Barb., 473; 9 Barb., 313; 7 Barb., 153; 2 Barb., 208; 5 Cow., 363, 527; 19 Johns. R., 113; 14 Johns. R., 374; 8 Johns. R., 338; 6 Johns. R., 274; 56 N. Y., 444; 57 Barb., 291; 35 Hun, 33; 39 Hun, 73. [1 R. L., 135, §§ 2, 4 and 14.] § 2. Such consent shall be given, I. By the father of the infant. If he be dead, or be not in a legal capacity to give his consent, or if he shall have abandoned and 313; 3235Cow, neglected to provide for his family, and such fact be certified by a justice of the peace of the town, and endorsed on the indenture, then, 529; 14 John R., 375; 43 N. Y., 45; 56 N. Y., 444; 39 Hun, 73. 2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse, then, 3. By the guardian of such infant duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then, 4. By the overseers of the poor, or any two justices of the peace of the town, or any judge of the county courts of the county, where such infant shall reside. [The same.] § 3. Such consent shall be signified in writing, by the person entitled to give the same, by a certificate at the end of, or endorsed upon, the indentures, and not otherwise. [The same.] § 4. The executors of any last will of a father, who shall be directed in such will to bring up his child to some trade or calling, may bind such child to service, as a clerk or apprentice, in like manner as the father might have done, if living. [The same.] ᎪᎡᎢ. 1. county su perintend 5. The county superintendents of the poor, in the several counties, may bind out any child, under the ages above specified, who When shall be sent to any county poor-house, or who is or shall become [155] chargeable, or whose parent or parents are or shall become charge- ents may able, to such county, to be clerks, apprentices or servants, until such infants. child, if a male, shall be twenty-one years old, or, if a female, shall 3 How. Pr. be eighteen years old; which binding shall be as effectual, as if such child had bound himself with the consent of his father. [L. 1826, 290.] bind out R., 39; 13 270; 35 N. Y., 472; 56 N. Y., 76; 14 Abb. N. S., 414; 60 Johns. R., When overseers 6 Cow., 658; § 6. The overseers of the poor of any town or city, may, in like N. Y., 385. manner, bind out any such child, who, or whose parent or parents, shall become chargeable to such town or city, or who shall have been of poor. sent to any poor-house, other than a county poor-house, with the 1 Redf., consent in writing, of any two justices of the peace of the town, or Abb. N. S., of the mayor, recorder and aldermen of any city, or of any two of them. [1 R. L., 135, §§ 2. 4 and 14.] 316; 14 423. § 7. No child of an Indian woman shall be bound as an appren- Indian tice, under the provisions of this title, except in the presence and children. with the consent of a justice of the peace; a certificate of which consent signed by the justice, shall be filed with the clerk of the town in which the indenture of apprenticeship shall be executed. [The same.] Age of in fants to be inserted in indentures. § 8. The age of every infant so bound shall be inserted in the indentures, and shall be taken to be the true age, without further proof thereof; and whenever any public officers are authorised to 1 Sandf execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully, of the infant's age. [1 R. L., 135, §§ 5, 6 and 7.] 712. paid, &c., § 9. Every sum of money paid or agreed for, with, or in relation Money to, the binding out of any clerk or apprentice, shall be inserted in to be inthe indentures. serted. to be in certain 14 Abb. N. § 10. Whenever any child shall be bound out by the county super- special intendents of the poor of any county, or by the overseers of the agreement poor of any city or town, the indentures shall contain an agreement serted, in on the part of the person to whom such child shall be bound, that cases. he will cause such child to be instructed to read and write, and if a S., 425; 1 male, will cause him to be instructed in the general rules of arith- Tuck., metic; and every such indenture shall also contain an agreement, that the master will give to such apprentice, at the expiration of his or her service, a new bible. [The same.] 361. dentures, § II. The counterpart of any indentures executed by the county Certain insuperintendents of the poor, shall be by them deposited in the office where to be of the clerk of the county; and the counterpart of such indentures deposited. executed by any overseers of the poor, shall be by them deposited in the office of the clerk of their city or town. [1 R. L., 136, § 4; L. 1826, 290.] ers being TITLE 4. § 12. Any person coming from any foreign country beyond sea, Indentures may bind himself to service, if an infant, until he attain the age of by foreigntwenty-one years, or for a shorter term. Such contract for service, minors. if made for the purpose of raising money to pay his passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age; but it shall in no case be for a longer term. [1 R. L., 137, § 8.] [156] 25 Barb., 207. To be acknowl 25 Barb., § 13. No contract made under the last section, shall bind the seredged, &c. vant, unless it be acknowledged by him before some mayor, recorder, or alderman of a city, or before some justice of the peace; nor, unless a certificate of such acknowledgment, and that the same was made freely, on a private examination, be endorsed upon such 204. How as signed. 1 Tuck 361. contract. [The same.] § 14. The contracts specified in the two last sections, may be assigned by the master, by an instrument in writing endorsed thereon, executed in the presence of two witnesses; if such assignment be approved of, in writing, by any magistrate mentioned in the preceding section, and such approbation shall be also endorsed on the contract. [The same.] L. 1871, Chap. 934- An act in reference to apprentices and employers. Consent of legal guardian before taking a minor as apprentice; indentures in writing; by whom executed. SECTION 1. On and after the passage of this act, it shall not be lawful for any person or persons in this state to employ or take as an apprentice any minor person to learn the art or mystery of any trade or craft without first having obtained the consent of such person's legal guardian or guardians; nor shall any minor person be taken as an apprentice aforesaid unless an agreement or indenture be drawn up in writing, in accordance with the provisions of this act, and duly executed under seal by the person or persons employing said apprentice, and also by the parents or parent, if any be living, or by the guardian or guardians of said apprentice, and likewise by said minor person so becoming an apprentice. Contents of indentures. § 2. Said agreement or indenture, in order to make the law valid, shall contain the following covenants and provisions: Must be bound for a term of years. 1. That said minor person shall be bound to serve his employer or employers for a term of not less than three nor more than five years. Shall not leave during term of apprenticeship; may compel return of apprentice. 2. That said minor person so indentured shall not leave his said employer or employers during the term for which he shall be indentured, and if any said apprentice so indentured as aforesaid shall leave his said employer or employers, except as hereinafter provided, the said employer or employers may compel the return of the said apprentice under the penalties of this act. Agreement of employer in indentures; must give certificate in writing stating full service of apprenticeship. 3. That said employer or employers shall covenant and agree in said indenture to provide at all times during the continuance of the same suitable and proper board, lodging and medical attendance for said apprentice, and said employer or employers shall also further covenant and agree to teach or cause to be carefully and skillfully taught to his or their said apprentice every branch of his or their business to which said apprentice may be indentured, and said employer or employers shall be further bound, at the expiration of said apprenticeship, to give to said apprentice a certificate in writing stating that said apprentice has served a full term of apprenticeship of not less than three or more than five years, at such trade or craft as may be specified in said indenture. Non-compliance deemed a misdemeanor; penalty; factory inspector to prosecute. §3. Any person or persons taking an apprentice without complying with the provisions of this act shall be deemed guilty of a misdemeanor; and on conviction thereof before any magistrate or court having jurisdiction, held in the county in which the business of said employer or employers may be conducted, shall be subject to a fine of not less than five hundred dollars, the fine to be paid to the treasurer of the said county, for the use and benefit of said county. It shall be the duty of the factory inspector and the deputy factory inspectors to see to it that the duties and obligations of employers to their apprentices are observed and enforced, to enforce this act, and to prosecute such employers for a failure to perform such duties and obligations, or any violation of this act. [Thus amended by L. 1888, ch. 437.] Indentures, how cancelled; proceedings in case of violation on part of apprentice; punishment for leaving employer; on neglect of apprentice to perform his part of contract, indenture may be cancelled. § 4. Any and all indentures made under and in pursuance of the provisions of this act shall not be cancelled or annulled before the expiration of the term of said indentures, except in case of death; or, by the order of or judgment of the county or supreme court of this state for good cause, and any apprentice so indentured who shall leave his employer or employers without his or their consent or without sufficient cause, and shall refuse to return, may be arrested upon the complaint of said employer or employers, and taken before any magistrate having jurisdiction of misdemeanors, who may cancel said indentures, and on conviction commit said apprentice to the house of correction, house of refuge, or county jail, in and for said county, for such length of time as such magistrate may deem just, or until said apprentice shall have attained the age of twenty-one years, and in case said apprentice so indentured shall wilfully neglect or refuse to perform his portion of the contract as specified in said indenture, then said indenture may be cancelled in the manner aforesaid, and said apprentice so violating said indentures shall forfeit all back pay and all claims against said employer or employers, and said indentures shall be cancelled. May bring action on failure of employer to provide for and teach apprentice; and if proven, indentures to be cancelled and fine imposed. § 5. Should any employer or employers neglect or refuse to teach, or cause to be taught to said apprentice the art or mystery of the trade or craft to which said apprentice has been indentured, or fail at any time to provide suitable and proper board, lodging and medical attendance, said apprentice individually, or his parent or parents, guardian or guardians, may bring an action against said employer or employers, to recover damages sustained by reason of said neglect or refusal; and, if proved to the satisfaction of the court, said court shall direct said indentures to be cancelled, and may impose a fine on said employer or employers, not exceeding one thousand and not less than one hundred dollars, and said fine shall be collected and paid over to said apprentice or his parent or guardian for his sole use and benefit. Indentures conflicting with this act invalid. § 6. Any indentures made and executed, wherein parts conflict with or are not in accordance with the provisions of this act, shall be invalid and without any binding effect. 35 Hun, 32. Repeal. § 7. All acts or parts of acts inconsistent herewith are hereby repealed. [For provisions relating to binding out indigent children by charitable institutions, see part 1, ch. 20, tit. 21B.] TITLE 4. [156-158] [158] Indentures, when in valid. 9 Barb., 313; 8 Johns. R., County superintendents and overseers to be guar. dians of servants. Their du ties as such. [159] [160] Journey. men and appren be restrain their trade, ARTICLE SECOND. OF PERSONS HELD IN SERVICE. [This entire article repealed by L. 1886, ch. 340.] ARTICLE THIRD. GENERAL PROVISIONS. SEC. 26. Indentures, etc., invalid, unless made as herein prescribed, 27. County superintendents and overseers, to be guardians of servants. 39. Journeymen and apprentices not to be restrained in using their trade, etc. 41-42. [Repealed.] 43. This title to apply to mistresses, etc., as well as males. 26. No indenture or contract for the service of any apprentice shall be valid as against the person whose services may be claimed, unless made in the manner before prescribed in this title. 328; 57 Barb., 294; 39 Hun, 77. [1 R. L., 137, §§ 5, 6, 7, 10, 11 and 12.] § 27. The county superintendents of the poor, and the overseers of the poor of the respective cities or towns, shall be the guardians of every person bound or held in service, in their respective cities or towns, to take care that the terms of the contract of service be fulfilled, and that such person be properly used; and it is hereby made their special duty to inquire into the treatment of every such person, and redress any grievance in the manner prescribed by law. § 39. No person shall accept from any journeyman or apprentice, any contract or agreement, nor cause him to be bound by oath or tices not to otherwise, that after his term of service expired, such journeyman or ed in using apprentice shall not set up his trade, profession or employment, in any particular place, shop, house or cellar; nor shall any person 95; 35 Hun, exact from any journeyman or apprentice, after his term of service expired, any money or other thing, for using and exercising his trade, profession or employment, in any place. &c. 20 J. & S., 421. Penalties. [161] Applica [1 R. L., 135, § 1.] § 40. Every security given contrary to the provisions contained in the last section, shall be void; any money paid, or valuable thing delivered, for the consideration, in part or in whole, of any such agreement or exaction, may be recovered back by the person paying the same, with interest; and every person accepting such agreement, causing such obligation to be entered into, or exacting money or other thing as aforesaid, shall forfeit one hundred dollars, to the apprentice or journeyman from whom the same shall have been received. [The same.] [Sections 41 and 42 repealed by L. 1886, ch. 593.] § 43. The provisions of this title shall apply as well to mistresses, tion of this female guardians, apprentices and wards respectively, as to masters, males. male guardians, apprentices and wards. title to fe |