Acts repealed, SEC. 15. All acts and parts of acts coming within the purview of this act are hereby repealed: Provided, no defect in any proceeding heretofore had shall be cured, or affected by the repealing clause of this act. This act to take effect on the first day of June next. APPROVED, Jan. 11, 1827. In force 1st Males under APPRENTICES. AN ACT respecting Apprentices. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That if any male per21, and females son within the age of twenty-one years, or female within under 18 may the age of eighteen years, now is, or shall hereafter be be apprenticed bound by an indenture of his or her own free will and and the consent accord, and by and with the consent of his or her father, of their parent or in case of the death of his or her father, with the conor guardian. with their own Mother the guardian of il dren. sent of his or her mother or guardian, to be expressed in such indenture, and signified by the signature and seal of such parent or guardian affixed to such indenture, and not otherwise, to serve as a clerk, apprentice or servant in any art or mystery, service, trade, employment, manual occupation or labor, until he or she arrive, if male, to the age of twenty-one, if female to the age of eighteen years, as the case may be, or for a shorter term, then the said clerk, apprentice or servant so bound as aforesaid shall serve accordingly. Provided, That in all cases of legitimate chil- illegitimate children, the mother, or in case of her death, the guardian shall be considered the proper person to give the consent required in this section, and, provided further, that it shall be lawful for any male infant under the age of twenty-one years, or any female under the Infants having age of eighteen years, and who shall have no parent or guardians may guardian living in this state, or whose parents shall be bind themselves dead, by and with the approbation of the judge of prowith the appro- bate, or of any two justices of the peace of the county judge of prowhere such infant shall reside, to bind himself or herself bate or two jus- as a clerk, apprentice or servant as aforesaid, which approbation shall be endorsed on the indenture, and every such indenture shall be valid and binding; and one copy thereof shall be filed in the office of the judge of probate for safe keeping. no parents or -bation of the tices of the peace. SEC. 2. When the father is not in legal capacity to give the consent aforesaid, or when he shall have wilfully dren. abandoned his family for the space of six months without If the father is costs. poor children. SEC. 3. It shall be lawful for any two overseers of the When overSta Fies poor, in any county of this state, by and with the consent seers of the of the judge of probate, or for any two justices of the poor may bind a 451 peace, in any county of this state, to bind out any poor child, who is or shall be chargeable to the county, or shall beg for alms, or shall be unable by reason of infancy or inability, to take care of and support himself or herself, or whose parents are or shall be chargeable to the county, or shall beg for alms, or the child of any poor and needy family, when the father is a habitual drunkard, or otherwise unable or unwilling to support his family, or if there be no father, where 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, to be apprentices as aforesaid, according to their degree and ability, until such child, if a male, shall arrive at the age of twenty-one years; if a female to the age of eighteen years, and the indentures or articles of agreement for binding any such infant shall be as effectual to all intents and purposes, as Indentures to if such infant had bound himself or herself. One copy be filed in the of such indentures, or articles of agreement, shall be filed probate office. in the office of the judge of probate for safe keeping. And it shall be the duty of the justices of the peace or judge of probate, to see that the terms of the said indentures and contracts be fulfilled, and that such child be not ill used. Covenants to be dentures. SEC. 4. In all indentures and contracts hereafter made, inserted in infor the binding or putting out of any child as a clerk, apprentice or servant, there shall always be inserted among other covenants, a clause to the following effect: "That the master or mistress, to whom such child shall be bound as aforesaid, shall cause such child to be taught to read and write, and the ground rules of arithmetic; and shall also give unto such apprentice, a new bible, and two new suits of clothes, suitable to his or her condition, at the expiration of his or her term of service:" Proviso, as to Provided, however, That when such apprentice is a negro or mulatto child, it shall not be necessary to insert in said indentures, that such negro or mulatto shall be taught to write, or the knowledge of arithmetic. negroes and mulattoes. Age to be inserted in inden tures. Indentures ta SEC. 5. The age of any infant who shall be bound to serve as a clerk, apprentice or servant, according to the preceding sections, shall be inserted in his or her indentures. SEC. 6. All indentures, covenants, promises, and barken contrary gains, for having, taking or keeping any clerk, apprentice or servant, hereafter to be made or taken, otherwise than is limited and prescribed by this act, shall be utterly void in law, as against such clerk, apprentice or to this law to be void. The judge of two justices of the peace to receive com prentices, And summon the master or pear before them. servant. SEC. 7. The judge of probate, or any two justices of probate or any the peace, shall at all times receive the complaints of apprentices, who reside within the jurisdiction of such judge or justices, against their masters or mistresses, plaints of ap- alleging undeserved, or immoderate correction, unwholesome food, insufficient allowance of food, raiment or lodging, want of sufficient care or physic in sickness, want of instruction in their trade or profession, or the violation of any of the agreements or covenants in indentures of apprenticeship contained, or that he or she mistress to ap- is in danger of being removed out of the jurisdiction of this state; and shall cause such masters or mistresses to be summoned before them, and shall on the return of the summons, whether such master or mistress appear or not, hear and determine such cases, in a summary way, and make such order thereon, as in the judgment of the said judge of probate, or two justices of the peace, will relieve the party injured in future; and shall have authority, if said judge or two justices think proper, to discharge such apprentice of and from his or her apprenticeship or service. And in case any money or But if such ap- other thing, shall have been paid, given, or contracted or agreed for by either party in relation to the said apjudge of probate prenticeship or service, shall make such order concerning the same, as the said judge or justices of the peace shall deem just and reasonable. And if the said apprentice so discharged shall have been bound originally by a judge of probate or two justices of the peace, it shall be prentice was bound by the or justices of the peace, he may be rebound. the duty of the court granting the discharge, again to bind him or her, if said court shall judge proper. warrant against SEC. 8. The said judge of probate, or any two justices Upon comof the peace shall, on the complaint of masters or mis-plaint of master tresses, issue a warrant against any apprentice for deser- or mistress the judge of probate tion, without good cause, or for any misdemeanor, mis- or two justices carriage or ill behavior, and may punish such apprentice of the peace or servant according to the nature and aggravation of may issue a his or her offence, by imprisonment not exceeding ten the apprentice, days; and in addition to the above punishment, where the offence shall be desertion without good cause, the court may order the said apprentice or servant guilty thereof, to make restitution by the payment of a sum not exceed him to make ing eight dollars for each and every month he or she may restitution. be so absent, to be collected as other debts, after such servant or apprentice shall become of full age. And may order The Costs may be awarding of costs on proceedings under this and the pre-awarded. ceding sections, shall be in the discretion of the court. court. An appeal to the circuit court from any decisions made Appeal allowed under this or the preceding sections, shall be allowed to to the circuit either party, upon the party appealing, entering into a bond, with good and sufficient security, in the penalty of one hundred dollars, conditioned to prosecute such appeal to effect, and to abide by and perform the decision of the circuit court in the premises: which court shall hear and decide such appeal, upon the same principles as the said judge of probate or justices ought to have heard and decided the original complaint. The decision of the cir- Its judgment ficuit court shall be final and conclusive in the premises, and shall not be subject to appeal or writ of error. bond above mentioned, shall be entered into before the clerk of the circuit court, who shall thereupon proceed in said appeal as is directed by law, in cases of appeal from the decisions of justices of the peace in other cases. The nal. tice to run away SEC. 9. Every person who shall counsel, persuade, en- Penalty for adtice, aid or assist any clerk, apprentice or servant, to run vising apprenaway or absent himself or herself from the service of his or assault his or her master or mistress, or to rebel against, or assault master. his or her master or mistress, shall forfeit and pay a sum not less than twenty, nor more than five hundred dollars, to be sued for and recovered by action on the case, with costs, by such master or mistress, in any court having jurisdiction thereof. SEC. 10. Every person who shall entertain, harbor or conceal any clerk, apprentice or servant, knowing such clerk, apprentice or servant to have run away, or to have absented himself or herself from the service of his or her master or mistress without leave, shall forfeit and pay one Penalty for har- dollar for every day's entertaining, harboring or concealboring runaway ing as aforesaid; to be sued for and recovered by action apprentices. of debt with costs, by such master or mistress, in any court having jurisdiction thereof. Executor may bind out in a certain case. Not to be remo state. in such cases. SEC. 11. The executor or executors who are, or shall be by the last will and testament of a father, directed to bring up his child or children to some trade or calling,. shall have power to bind such child or children, by indenture, in like manner as the father if living might have, done, or shall raise such child or children according to such directions. SEC. 12. It shall not be lawful for any master or misved out of the tress, to remove any clerk, apprentice or servant bound to him or her as aforesaid out of this state; and if at any time it shall appear to any judge, or justice of the peace,. upon the oath of any competent person, that any master or mistress is about to remove, or cause to be removed, any such clerk, apprentice or servant out of this state, it shall be lawful for such judge or justice, to issue his warrant, and to cause such master or mistress to be brought before Power and duty him, and if upon examination, it appear that such apprenof judge of pro- tice, clerk or servant, is in danger of being removed bate and justices of the peace without the jurisdiction of this state, the judge or justice may require the master or mistress to enter into recognizance, with sufficient security, in the sum of one thousand dollars, conditioned that such apprentice, clerk or servant, shall not be removed without the jurisdiction of this state, and that the said master or mistress will appear with the apprentice, clerk or servant before the circuit court, at the next term thereof, and abide the decision of the court therein; which recognizance shall be returned to the circuit court, and the said court shall proceed therein, in a summary manner, and may discharge or continue the recognizance, or may require a new recognizance, and otherwise proceed according to law and justice. But if the master or mistress, when brought before any judge or justice, according to the provisions of this section, will not enter into a recognizance as aforesaid, if required so to do, it shall be lawful for such judge or justice to commit the custody of such apprentice, clerk or servant to some other proper person, who will enter into recognizance as aforesaid. tress may surrender appren SEC. 13. Whenever any master or mistress of any Master or mis- clerk, apprentice or servant, bound by the court as aforesaid, shall wish to remove out of this state, or to quit his or her trade or business, it shall and may be lawful for him or her, to appear with his or her apprentice, before the probate court of the proper county; and such court tice. |