3d. Who may bind poor apprentices. ers of Poor Be it enacted, that the Commissioners of the Poor shall have power Commissionto bind out to service illegitimate children, and children of paupers, may. in all cases where such children are likely to become chargeable to the district, or are liable to be demoralized by the vicious conduct and evil example of their mothers, or other persons having the charge of them; and it shall be the duty of the Commissioners of the Poor in each and every district of this State, upon information made to them that any legitimate child above the age of five years is likely to become chargeable to the district, or from the vicious conduct and evil example of the mother of said child, or other person having it in charge, is likely to become demoralized and brought up in vice and idleness, to cause such child to be bound to service in charge of some person of good character, a female child until she attains the age of sixteen years, and a male child until he attains the age of seventeen years. Act 1830, 6th S. L., 410. By the Act of 1831, 6th S. L., 432, the term for which a female may be bound, is extended to the age of eighteen, or until she marries, To what age and the male to the age of twenty-one years. 4th. When and how indentures may be assigned. On good reason shown for the transfer of an apprentice, or if the master or mistress be dead. The indenture may be assigned in the first case by the master or mistress, and in the latter by the executor or administrator. The assignment should be before a magistrate, Must be who should certify under his hand and seal the presence and appro. magistrate. bation of the party whose assent would be necessary to bind said apprentice. Act 1839, p. 22. 5th. Relative duties of Master and Apprentice. before corrected. service due. An apprentice owes obedience to all the lawful commands of his master; and if he be disobedient, he may be moderately corrected by May be the master, though any unnecessary violence or degradation would be illegal; nor can the authority be delegated; 1 Chit., 71. So the whole service of the apprentice is due to the master; and if the whole apprentice absent himself from the master's service, his earnings are the master's; Burn's Justice, 101. If an apprentice desert his master and work for another, the master may sue as for hire; Lightly vs. Clauston, 1 Taun., 112. It is the duty of the master to instruct the Duty of apprentice; but his liability for food, clothing, lodging, and so forth, will depend on the terms of the binding; and a stipulated amount in Master. Not liable for medical attendance. money is frequently given in lieu of all other liabilities. Upon an ordinary covenant to furnish an apprentice meat, drink, clothing, lodging and washing, the master is not bound to furnish medical attendance, and would not be liable for a physician's bill, unless he was employed at the instance of the master. Percival vs. Noviter, 1 N. & M. 452. By the Act of Assembly of 1841, page 210, every person to whom any male white apprentice, liable to militia duty is bound, is required to furnish him during the time of his servitude, with the arms and equipments prescribed by the Act of Congress, and to compel him, duly armed and equipped, to attend all drills and musters as he may be required by law, and in default of his attendance, or deficiency of his arms, the master shall be liable to the fine imposed on a private. If the master has done his duty in this respect, and the apprentice fail to appear, or appear without such arms and equip. ments, two weeks shall be added to his term of servitude for every such failure, and if he embezzle, sell, or make away with his arms or of an appren- equipments, besides being liable for the value thereof, he is liable to indictment, and on conviction, to a fine not exceeding fifty dollars, and to imprisonment not exceeding one month. To furnish arms for muster. Punishment tice failure. trates to determine. Appeal to 6th. Matters of difference between Master and Apprentice. On complaint made by an apprentice, charging his or her master or mistress with misuse, or by the master or mistress against such Two Magis- apprentice, before any two magistrates of the district, setting forth the cause of such complaint, it shall be the duty of such magistrates to make such order between the parties as the equity and justice of the case may require, subject nevertheless to the right of either party to appeal from such order to the Court of Common Pleas for the district, at the next ensuing term; A. A. 1839, p. 22. Concerning which, it is to be inquired how far the general terms of this act extends the power of the magistrates. Observe that the Act of 1740, P. L., 177, gives the same general power with the right of appeal to the chief justice, and two assistant judges; with the further proviso, that if it seem fit to them, they may discharge the apprentice, or administer to him due punishment and correction. Whether they may punish. Now, since the Act of 1839 is silent in these particulars, and makes the jurisdiction of the Common Pleas only appellant in the matter, it may well be inferred that the power of punishing the apprentice, or of discharging him from his indentures, is extended by it to the magis trate. See Belcher et ux vs. Commissioners; 2 Mc. 23. If it appear for cruelty. that the treatment of an apprentice by the master or mistress has been Master indictable cruel, he or she should be bound over to the Sessions; 1 Chit. 72. If any accident happen to an apprentice which renders him incapable of serving his master, it has been ruled that this is no ground for discharging the master from the apprentice. Str. 99. by these presents, by and with the consent and approbation of doth voluntarily, and of self Apprentice unto own free will and accord, put mystery, and after the manner of an apprentice to serve the said from the date hereof, for, lawful commands, every where, readily obey : said apprentice, keep, said and during, and unto the end and During all which term, the said faithfully shall serve, secrets shall do no damage to nor see it done by said others, without letting or giving notice thereof to goods, nor lend them unlawfully to any; nor contract matrimony within the said term. At cards, dice, or any said taverns, or play-houses; but in all things behave faithful apprentice ought to do, during the said term. And the said shall use the utmost of endeavor to teach, or cause to be taught, or instructed, the said apprentice in the trade or mystery and procure and provide for of a drink sufficient meat, during the said term of In witness whereof, the said parties have interchangeably set their hands and seals hereunto. Dated the day of in the year of our Lord one The simplest form is by assignment on the indenture, as follows: I, A. B. (master or mistress, or executor or administrator of C. D., master or mistress) of E. F., the within named apprentice, by and with the consent and approbation of B. D., his father, or mother, or guardian, and so forth, as the case may be, for divers good causes and considerations, we hereunto moving, do hereby assign, transfer, and set over unto A. S., all right, title, duty, and term of service, which I have in the said apprentice, by virtue of the written indenture; the said A. S. binding himself well and truly to perform all the duties and obligations required of the master by the within indenture. Complaint of an apprentice to two justices of his master. The information and complaint of A. P., apprentice to A. M., of in the said district, carpenter, taken and made (say on oath if he is not above fourteen years of age) before us, two of the justices assigned to keep the peace in and for the district aforesaid, the in the year day of who saith, that he the said A. P., about twelve months ago last past, became bound an apprentice by indenture to A. M. of in the district of , carpenter, that at several times since he entered upon the said apprenticeship, the said A. M. hath misused and ill treated him the said apprentice, and particularly (here recite the circumstances in particular of the ill treatment complained of.) Taken and signed the day and year aforesaid before us. H. P. } A. P. Warrant against the Master for misusing his Apprentice. District. ss. By H. P. and R. S., two of the justices assigned to keep the in and for the district aforesaid-To all and singular the constables of the said district. Whereas complaint hath been duly made unto us, by A. P. apprentice unto A. M. of in the said district, carpenter, that the said A. M. hath misused and evil entreated him the said A. P. by cruel punishment (and beating him, the said A. P. without just cause, or by not allowing to him the said A. P. sufficient meat, drink and apparel, as the case may be.) These are, therefore, to command you, to cause the said A. M. personally to appear before us, at the house of day of at the hour of on the in the morning of the same day, to answer to the said complaint; and also to cause the said apprentice to appear before us at the same time and place, to make good his said complaint. Hereof fail not, as you will answer the contrary at your peril. Given under our hands and seals this day of R. S. [L. S.] Complaint of the Master against his Apprentice to two justices. District. } SS. The complaint of A. M. of carpenter, taken on oath, before us justices assigned to keep the peace in the day of who saith, that A. P., apprentice by indenture to him the said A. M., hath in the service of his apprenticeship, been guilty of several misdemeanors, miscarriages and ill behavior, and hath been refractory and disobedient to him, the said A. M., and particularly (here recite the circumstances in particular of the ill behavior complained of.) A. M. Taken and signed the day and year aforesaid, before us. H. P. Warrant against the Apprentice on complaint of the Master. District. s SS. By H. P. and R. S., two of the justices assigned to keep the peace in and for the district aforesaid. |