APPEALS IN ORLEANS AND JEFFERSON.

1861-139.

cases of appeal

20. [SEC. 58.] In all cases wherein any person or persons may appeal from the decision of any of the Justices of the Peace of the Deposit of $10 parish of Orleans, the said person or persons so appealing shall at to be made in the time of filing the appeal in the Third District Court of New from Justices' Orleans, deposit the sum of ten dollars, as costs of the Clerk of said court.

Courts.

lant liable for difference between deposits and actual costs.

21. [SEC. 59.] Should the costs in the case so appealed amount to more than the sum so deposited, the said appellant or appellants Clerk and appelshall be liable to said Clerk for the difference, and in the event of the costs of the appeal in any case not amounting to the said sum of ten dollars, the said Clerk shall be liable to refund to the person making the deposit the balance of said sum.

parish of Jeffer

son.

22. [SEC. 60.] In the Second Judicial District Court for the parish of Jefferson no execution shall issue in cases where an appeal 1868–59. lies until ten days, not including Sundays, after the judgment has Appeals in the been notified to the party cast in the suit, or until ten days, not including Sundays, after the signing the judgment where no other notice is necessary, within which delay a party may take a suspen sive appeal on filing petition and appeal bonds as provided by law. 23. [SEC. 61.] Appeals to the Supreme Court may be taken from any of the actions provided for in the foregoing sections, the 1868-199. same as in other cases. But all such cases shall take preference when the intrusion they come before the Supreme Court over all other, cases in the order of trial, and shall be made returnable to the Supreme Court, either in New Orleans or at one of its sessions in the country, on motion of either of the parties.

Appeals under

act.

APPRAISEMENT.

1. [SEC. 1.] The fees allowed to experts and appraisers appointed by the court of probate jurisdiction to assist in taking inventories of 1870-66. succession are hereby fixed at, and shall not exceed in any case the sum of four dollars for each expert or appraiser for each vacation tories. held in taking said inventory.

Fees of appraisers and experts in taking inven

ures void.

CONSTITUTIONAL PROVISION.

ART. 130. All contracts, made and entered into under the preCertain indent- tended authority of any government heretofore existing in this State, by which children were bound out without the knowledge or consent of their parents, are hereby declared null and void; nor shall any child be bound out to any one for any term of years, while either one of its parents lives, without the consent of such parent, except in cases of children legally sent to the House of Correction.

1806-44.

Statute of Revi

1. [SEC. 75.] All and every person or persons who may be bound to serve either as an apprentice in any art, mystery or occusion, 1870, modi-pation, or as a servant for the sole purpose of ordinary or hard labor, Apprentices re- shall be bound to serve the term of time expressed in their indentures respectively; provided, always, that if the party so bound as

fied by Code.

quired to serve their time.

Assent of pa

rent, tutor or

curator, if there

sary; otherwise

aforesaid be under the age of twenty-one years, he must be bound with the assent of his parent, tutor or curator, or in case there be no such person in the parish where the apprentice or servant resides, then by and with the assent of the Mayor of the city of New Orleans, be one, necesin the parish of Orleans, or of the Parish Judges of their respective Mayor of the parishes throughout the State; provided, nevertheless, if the party 80 bound be a female, that the term of years of her apprenticeship shall expire when she arrives at the age of fifteen years, and, if a male, at the period at which he shall arrive at the age of eighteen years.

leats in the par

city of New Or

or

of the Parish other parishes.

Judge in the

Indenture to be

tracting parties.

2. [SEC. 76.] All indentures shall be signed and delivered by the contracting parties in the presence of two witnesses, one of whom signed by conshall be either the parent, tutor or curator (if such exist), before the Mayor or Judge, as herein provided; and if the party indented has In what case the no parent, tutor or curator, and is not of sufficient age and under- Mayor or Judge standing to consent and sign for himself, then the Mayor or Judge, apprentice. as the case may be, shall sign the indenture for him.

Indentures of apprenticeship shall be drawn in the following form, viz:

day of

This indenture, made the in the year of our Lord witnesseth, that for divers good causes and considerations, A. B., of the parish of and State of Louisiana, (if under the age of twenty-one years, say with the consent of his parent, tutor or curator, or if none such exist, then with the consent and approbation of the Mayor or Judge, as herein provided), hath bound and put himself apprentice unto C. D., of the parish of

and

State of Louisiana, to learn the art, trade, mystery or occupation
of, which the said C. D. now uses, and to dwell and continue
with the said C. D. from the day of the date hereof until the full end
and term of
years, during all which period said A. B., appren-
tice, shall faithfully serve the said C. D., and obey his lawful com-
mands, and not depart the said service without the said C. D.s'
consent. And the said C. D., in consideration of the sum of
dollars in hand paid and of the services herein agreed to be ren-
dered, binds himself to teach or cause to be taught the said A. B.
in the said art, trade, mystery or occupation aforesaid, with all
things thereunto belonging, and to furnish the said A. B. with good
and sufficient food, meat, drink, washing, lodging and apparel, and
medical attention in case of sickness; and the said C. D. further
binds himself to give the said A. B. the opportunity of instruction in
the rudiments of an English education by sending him to school or
otherwise.

In witness whereof, the said A. B. and C. D., in the presence of

to sign for the

Form of indenture of apprenticeship.

and witnesses of lawful age and domicile, have hereunto set their hands the day and year first above written.

E. F.

G. H.

A. B.

C. D.

Form of indent

Indentures of servitude shall be made in the following form, viz:
This indenture, made the

are of servitude Lord

in case of cruel treatment or

absence.

day of

in the year of our

witnesseth, that A. B. (if under twenty-one years of age, say with consent, etc., as in the preceding form), of the parish and State of Louisiana, for and in consideration of the

years

of
sum of
to him in hand paid by C. D., of the parish and State
aforesaid, and also for divers other good causes, hath bound and put
himself servant to the said C. D., to serve him, the said C. D., from
the day of the date hereof, for and during the term of
thence next ensuing, during all which time the said A. B. binds
himself faithfully to serve, and that honestly and obediently in all
things as a good and dutiful servant ought to do; and the said C. D.
binds himself to find and provide the said A. B. sufficient meat, drink,
lodging, apparel, and suitable medical attention in case of sickness;
and the said C. D. further binds himself to give the said A. B. the
opportunity of instruction in the rudiments of an English educa-
tion by sending him to school or otherwise.

In witness whereof, the said A. B. and C. D., in the presence of and -- witnesses of lawful age and domicile, have hereunto set their hands the day and year first above written.

E. F.
G. H.

A. B.

C. D.

3. [SEC. 77.] If any master or mistress shall abuse or cruelly or Mode of redress evilly treat, or shall not discharge his duty toward his apprentice or servant; or if said apprentice or servant shall abscond or absent himself from the service of his master or mistress without leave, or shall not do or discharge his duty to his master or mistress, then said master or mistress, or apprentice or servant, being aggrieved, shall apply to the Parish Judges in the several parishes where the parties reside throughout the State, except the parish of Orleans, and in the parish of Orleans to one of the District Judges, for redress, who, after giving due notice to the party against whom the complaint is lodged, and bringing said party by warrant or otherwise before him, shall take such order and direction between the said master or mistress, and apprentice or servant, as the equity and justice of the case may require.

Redress in case apprentice ab

sconds or absents himself.

4. [SEC. 78. Whenever any apprentice or bound servant shall abscond or absent himself from the service of his master or mistress

without leave, upon due proof being made to the satisfaction of the Parish or District Judge, as the case may be, the said Judge shall have full power to compel him to return to service, or to pay such damages to his said master or mistress as may seem to the said Judge equitable and just, and to impose such other punishment as the justice of the case may require.

denture requir

tice to be taught

the rudiments

5. [SEC. 79.] In any case where any person shall be bound, either as an apprentice or servant, who shall be under the age of Clause of intwenty-one years, there shall be a clause in their indentures binding ing the apprenthe master or mistress to teach or cause to be taught the said apprentice or servant to read and write, as also to instruct him or cause him to be instructed in the fundamental principles of arithmetic.

of an education.

indenture, in

what cases and

by whom made.

6. [SEC. 80.] Whenever it shall be made to appear to the Judge, upon proper proof made before him, that the master or mistress or Cancellation of apprentice persistently neglects or refuses to comply with his obligations, it shall be competent for the said Judge to cancel the indenture, giving such damages to the innocent party, and imposing such punishment upon the offending party, as he may deem equitable and just.

report lists of

sons unable to

themselves.

7. [SEC. 81.] It shall be the duty of Sheriffs, Justices of the Peace and other civil officers of this State, to report to the Parish Sheriffs, etc, to Judge of their respective parishes, and in the parish of Orleans (left orphans or perbank) to the Mayor of the city of New Orleans, and on the right provide for bank to the President of the Police Jury, on the first Monday of each month, for each and every year, all persons under the age of fifteen years, if females, and eighteen, if males, who are orphans, or whose parent, parents or tutor have not the means, or who refuse to provide for and maintain said minors; and, thereupon, it shall be the duty of the Parish Judge, Mayor or President of the Duty of Parish Police Jury aforesaid, to examine whether the party or parties so, reported from time to time, come within the purview and meaning of this act, and if so, to apprentice said minor or minors, in manner and form as prescribed by law.

Judges.

mined when

8. [SEC. 83.] In all cases, where the age of the minor can not be ascertained by record testimony, the Parish Judge, Mayor or Age, how deterPresident of the Police Jury, aforesaid, shall fix the age, according doubtful. to the best evidence before him.

9. [SEC. 84.] All acts of indenture made and entered into, in accordance with the provisions of this act, shall be deposited with and recorded by the Recorder of Mortgages for the parish in which they may be passed, in a book provided for that purpose, and

all

Indentures to be

deposited with Recorders of book kept for

and recorded by

Mortgages in a

that purpose.