3. Summons to Master.1 State of Connecticut, Form No. 2021. Middlesex County. SS. To any constable of said county, Greeting: Complaint has been made to me, the undersigned, justice of the peace in and for the said county, upon the oath of Oliver Orphan, apprentice of Samuel Master, of Haddam, in said county, watchmaker, that said Samuel Master to whom the said Oliver Orphan (or upon the oath of William West, or person signing the complaint, that Samuel Master in said county, watchmaker, to whom one Oliver Orphan) is lawfully bound by indentures of apprenticeship, the term of service in which has not yet expired, has cruelly beat, bruised, and wounded him the said Oliver Orphan (or state the other cruelty or misusage alleged in the complaint). Now, therefore, you are hereby commanded to summon the said Samuel Master to appear before me at my office in the town of Haddam, on the tenth day of July, 1895, at ten o'clock in the forenoon of that day, that I may hear, examine into, and determine the said complaint. Given under my hand this third day of July, 1895, at Haddam, aforesaid. Abraham Kent, Justice of the Peace. 4. Recognizance of Master.2 State of Connecticut, SS. Form No. 2022. We, Samuel Master and Samuel Short, of Haddam, in said county, acknowledge ourselves to be indebted to the State of Connecticut in the sum of two hundred and fifty dollars, to be well and truly paid, if default shall be made, in the condition following: Complaint having been made to the undersigned, Abraham Kent, a justice of the peace of said county, by Oliver Orphan (or person signing the complaint), against the said Samuel Master for the misusage of Oliver Orphan, his apprentice, the said parties were summoned to appear before the said justice, and after due examination into the premises the difficulty between the said parties could not be reconciled or compounded: Now, therefore, the condition of this recognizance is such that if the said Samuel Master shall personally appear at the next term of the Court of Common Pleas (or District Court, or Superior Court, as the case may be) to be held in and for the said county, then and there to answer to the complaint aforesaid, and to do and receive what shall by the court be then and 1. For forms of citations and sum- 2. For the form of recognizance in mons in the various jurisdictions, con- any particular jurisdiction, consult sult the titles CITATIONS and SUM- the title BAIL AND RECOGNIZANCE. MONS. there enjoined upon him, and shall not depart the court without leave, then this recognizance shall be void, otherwise of full force and effect. Samuel Master. (SEAL) (SEAL) Taken, subscribed, and acknowledged, the 10th day of January, 1893, be fore me, Abraham Kent, Justice of the Peace. Samuel Short. 5. Order Discharging Apprentice. Form No. 2023. (Title and venue as in Form No. 2017.)1 Complaint on oath was made to this court by Oliver Orphan, apprentice to Samuel Master, of Redwood City, in said county, watchmaker, that the said Samuel Master, to whom the said Oliver Orphan was lawfully bound by indenture of apprenticeship (or, Complaint on oath was made to this court by William West against Samuel Master, of Redwood City, in said county, watchmaker, that the said Samuel Master, to whom one Oliver Orphan was lawfully bound by indenture of apprenticeship), the term of service in which was still unexpired, had cruelly beat, bruised, and wounded him the said Oliver Orphan, being his apprentice as aforesaid (or state the other cruelty or misusage mentioned in the complaint), and the said Samuel Master and Oliver Orphan (or Samuel Master, Oliver Orphan, and William West), by virtue of our citation thereupon issued, have appeared before us, and upon due examination of proofs and allegations of the parties* it satisfactorily appears to us that the said Samuel Master is guilty of the premises so charged against him: Now, therefore, it is ordered that the said Oliver Orphan be and hereby is discharged from the service of the said Samuel Master, anything in his indentures of apprenticeship as aforesaid to the contrary notwithstanding.3 And it is further considered by this court that the said Oliver Orphan should recover from the said Samuel Master the costs and disbursements incurred in this complaint, amounting to the sum of thirty dollars, and for the recovery of this sum it is ordered that execution issue. (Concluding in the usual manner.)1 1. For the formal parts of orders generally, consult the title ORDERS. 2. See supra, note 1, p. 4. 3. Where money has been paid, or agreed to be paid, as a compensation for the instruction of the apprentice, these words should be inserted in the order at this point: "And it is further ordered that the said Samuel Master refund to John Orphan (or to the personal representatives of John Orphan), the father (or to Mary Orphan, the mother) (or to Samuel Short, the guardian) of the said Oliver Orphan, the sum of fifty dollars (or the sum of thirty dollars, being a part of the aforesaid sum of fifty dollars) paid by the said John Orphan to said Samuel Master as a compensation for the instruction of the said Oliver Orphan;" or, "and it is further ordered that John Orphan (or the personal representatives of John Orphan), the father (or Mary Orphan, the mother) (or Samuel Short, the guardian) of the said Oliver Form No. 2024. (Title and venue as in Form No. 2017.) Complaint on oath having been made to Abraham Kent, a justice of the peace of said county, by Oliver Orphan, an apprentice, against Samuel Master, his master, that the said Samuel Master had cruelly beat, bruised, and wounded him the said Oliver Orphan, being his apprentice as aforesaid (or, Complaint on oath having been made to Abraham Kent, Esq., a justice of the peace for said county, by William West, or the person signing the complaint, against Samuel Master, of Haddam, in said county, watchmaker, that the said Samuel Master, to whom one Oliver Orphan was lawfully bound by indenture of apprenticeship, had cruelly beat, bruised, and wounded him the said Oliver Orphan, being his apprentice as aforesaid), the said parties were summoned and appeared before the said justice, and after due examination into the premises the difficulty between the two parties could not be compounded or reconciled, whereupon the said Samuel Master was recognized personally to appear at this term of the Court of Common Pleas of the said county to answer the complaint aforesaid, and to do and receive what should by the court be then and there enjoined upon him: And now, the said parties having been heard by their respective counsel, it is ordered and decreed by this court that the indentures of apprenticeship of the said Oliver Orphan be and the same are hereby canceled and declared of no effect, and that the said Oliver Orphan be and is forever discharged from the same.1 And it is further considered (continuing and concluding as in Form No. 2023). 6. Order Remanding Apprentice to Service. Form No. 2025. (Commencing as in Form No. 2023, and continuing down to *) it satisfactorily appears to us that the said Samuel Master is not guilty of the premises so charged against him: Now, therefore, the said Oliver Orphan is hereby commanded to return unto his said master, and to serve him, the said Samuel Master, the remainder of the time expressed in his indentures, according to the terms and conditions thereof. And it is further considered by this court that the said Samuel Master should recover from the said Oliver Orphan (or from the person 2 signing the complaint) the costs and disbursements incurred in this complaint, amounting to the sum of Orphan, be and he (or she) is hereby forever discharged of and from his (or her) agreement to pay to the said Samuel Master the aforesaid sum of fifty dollars on the first day of January, 1896, as a compensation for the instruction of the said Oliver Orphan, and that the securities given therefor be forthwith delivered up or canceled." 1. See supra, note 3, p. 7. 2. If the complaint were made by an overseer of the poor, or other public official, he would not be liable for the costs unless the complaint was made without probable cause. thirty dollars, and for the recovery of this sum it is ordered that execution issue. (Concluding in the usual manner.)1 Form No. 2026. (Commencing as in Form No. 2023, and continuing down to *) the said Oliver Orphan is hereby commanded to return unto his said master, and to serve him, the said Samuel Master, the remainder of the time expressed in the indentures, according to the terms and conditions thereof. And it is further considered (continuing and concluding as in Form No. 2025). III. PROCEEDINGS AGAINST THE APPRENTICE. 1. Complaint by Master. Form No. 2027. (Commencing as in Form No. 2018, and continuing down to *) I, Samuel Master, of Redwood City, in said county, watchmaker, hereby complain to you that Oliver Orphan, an apprentice lawfully bound to serve me, the said Samuel Master, whose term of service is still unexpired, refuses to serve me (or state any other misconduct) as by law and the terms of his indenture of apprenticeship he is required. Dated the 10th day of June, 1895. (Verification as in Form No. 2019.) 2. Warrant.2 Form No. 2028. (2 Rev. Swift's Dig. 805.) Samuel Master. To the Sheriff of Middlesex County, or his deputy, or to either of the constables of Haddam in said Middlesex county, greeting: By authority of the State of Connecticut you are hereby commanded forthwith to arrest the body of the above named Oliver Orphan, and him bring before the subscriber, a justice of the peace for said county, at Haddam, to answer to the matters contained in the foregoing complaint, and be thereon dealt with according to law. Hereof fail not, and make lawful service and return. Abraham Kent, Justice of the Peace. 3. Order Remanding Apprentice to Service. Form No. 2029. (Title and venue as in Form No. 2017.) On examination of Oliver Orphan, charged with the offense of 1. For the formal conclusion of orders generally, consult the title OR DERS. 2. For the form of warrant in any particular jurisdiction, consult the title WARRANT OF ARREST. having absented himself, an apprentice, without leave, from the service of his master, Samuel Master, watchmaker, of this county, it appearing that the said Oliver Orphan was on February 1, 1896, lawfully bound and apprenticed by the Probate Court of said county to the said Samuel Master for a term of ten years, which term had not yet expired, the said Oliver Orphan is hereby commanded to return unto his said master and to serve him the said Samuel Master the remainder of the time expressed in his indentures, according to the terms and conditions thereof.1 (Concluding in the usual manner.)2 4. Order Punishing Apprentice. Form No. 2030. (Title and venue as in Form No. 2017.) Complaint on oath was made to this court by Samuel Master, of Redwood City, in said county, watchmaker, that Oliver Orphan, his lawfully indented apprentice, did wilfully and contemptuously disobey the commands and resist the authority of the complainant (or state the misconduct charged in the complaint), and the said Oliver Orphan and Samuel Master, by virtue of our citation thereupon issued, have appeared before us, and upon due examination of proofs and the allegations of the parties it appears that the said Oliver Orphan is guilty in the manner and form alleged in the complaint : Now, therefore, it is considered and ordered by us that the said Oliver Orphan be committed to the House of Correction in said town (or to the common jail in said county), there to be confined at hard labor for the term of thirty days, unless sooner released by our order. (Concluding in the usual manner.)2 5. Mittimus.3 Form No. 2031. (2 Rev. Swift's Dig. 806.) To the Sheriff of Middlesex county, or his deputy, or to either of the constables of Haddam, in said Middlesex county, greeting: Whereas Oliver Orphan, of Haddam, an indented apprentice to Samuel Master, of Haddam, was on the 25th day of January, 1896, found guilty by me, the subscriber, of disobeying the commands 1. In some jurisdictions the court may order an absconding apprentice to serve a certain length of time in addition to the term of service mentioned in the indenture. In such cases the following clause should be added at this point: " It is further ordered that the said Oliver Orphan serve the said Samuel Master for the space of ten months in addition to the term men tioned in the said indenture, the said ten months to begin immediately upon the expiration of the term mentioned in the indenture." 2. For the formal parts of orders generally, including the conclusion, consult the title ORDERS. 3. For forms of mittimus in various jurisdictions, consult the title COMMIT MENT. |