« ForrigeFortsett »
of record, of the court of the county or corporation in which the minor resides is necessary unless the minor, being 14 years of age, gives his consent in writing. An incorporated association, asylum, or school instituted for the support and education of destitute children, may bind out such children as have been placed in its charge. Overseers of the poor of a county or corporation may, if allowed by order of a court thereof, bind out any minor found begging in such county or corporation, or who is likely to become chargeable thereto.
The term of apprenticeship must continue until the apprentice attains the age of 21 years if a boy and 18 years if a girl. In the case of a minor placed in an asylum, school, etc., he can only be bound for the period for which he was placed in such institution.
An apprentice must be taught, in addition to his trade, reading, writing, and common arithmetic including the rule of three. The money which the master is to pay for any year except the last, must at the end of the year for which it is payable, be paid to the father or mother, or part to each as the court may direct, or it may be reserved to be paid to the apprentice at the end of the term with interest. The money which the master is to pay for the last year must be paid at the end thereof to the apprentice.
It is unlawful for any person to entice, take, or carry away an apprentice, or knowingly to employ, conceal, or harbor an apprentice who has deserted the service of his master. No apprentice may be taken out of the county by the master without the leave of the county court. If a master takes an apprentice out of the county and remains more than one month, the apprentice ceases to be bound by the indenture.
Source: Code of 1888, sections 2581 to 2596.
The county commissioners may bind out a minor likely to become chargeable to the county, either because of its being an orphan or because its parents or other relatives are unable or refuse to support it.
Source: Codes and Statutes of 1897, section 379.
A minor may be bound out by the father; if there be no father, hy the guardian, or, if there is neither father nor guardian, by the mother. The consent, entered of record, of the county court of the county where the minor resides is necessary, unless the minor, being 14 years of age, gives his consent in writing. The clerk of a county may bind out any minor who is found begging therein or who is likely to become chargeable thereto. Male inmates of the Reform School may be bound out by the directors of said school.
The term of apprenticeship must be until 21 years of age in the case of a boy and 18 years in the case of a girl.
Besides teaching the apprentice a trade the master is required to instruct him in reading, writing, and common arithmetic. The money which a master is to pay for any year except the last must, at the end of the year for which it is payable, be paid to the father, the mother, or part to each as the court may direct, or it may be reserved to be paid to the apprentice at the end of his term with interest. The money for the last year must be paid to the apprentice.
It is unlawful to conceal or harbor an apprentice who has deserted his master. The master is not permitted to take the apprentice out of the county without the leave of the county court, and if he does so without leave and keeps the apprentice out of the county for more than one month, the continuance of the apprenticeship is optional with the apprentice.
Source: Code of 1899, chapter 81, sections 1 to 14.
A minor may bind himself out of his own free will with the consent of the father, or, if he is dead or not in legal capacity to give consent or shall have abandoned and neglected to provide for his family and such fact be certified by a justice of the peace of the town and indorsed on the indentures, then of the mother; if she is dead or not in a legal capacity to give consent, then of the guardian; if there are no parents living or none in legal capacity to give consent and no guardian, then of the supervisors or any two justices of the peace of the town where the minor resides. If a minor is illegitimate the consent of the mother is necessary whether its patative father is living or not. Minors who have become or are likely to become chargeable to any town may be bound out as apprentices by the supervisors. The managers of the industrial school for boys may bind out those committed to their care with the consent of their parents or guardians, if they have any.
An apprentice may be bound, if a male, until the age of 21 years, and if a female, until the age of 18 years, or until her marriage within that time, or for any shorter period.
The master must obligate himself, in the indenture, to provide for instructing the apprentice in some trade or profession, for teaching him to read and write, for instructing him in the general rules of arithmetic, and for such other instruction, benefit, and allowance as may be agreed upon. At the end of the term he must give the apprentice a new Bible. All considerations of money or other things paid or allowed by the master upon any indenture of apprenticeship, must be paid or secured to the sole use of the minor.
It is unlawful to accept from an apprentice any contract or agreement, or to cause him to be bound by oath or otherwise that, after his term of service has expired, he shall not set up his trade, profession, or employment in any particular place, or to exact from an apprentice, after his term of service has expired, any money or other thing for using and exercising his trade, profession, or employment in any place. No indenture is binding upon the minor after the death of the master.
Source: Annotated Statutes of 1898, sections 1511, 2377 to 2394, 4961, 4964.
A Federal act passed January 12, 1895, authorizes the Public Printer to employ such number of apprentices, not to exceed 25 at any one time, as in his judgment is consistent with the economical service of the office.
DIGEST OF CONVICT-LABOR LAWS.
The United States and every political division thereof, with the exception of Indian Territory, has by legislative action adopted regulations and directions as to the employment of convicts during the term of their detention. Six systems of employment are generally recognized, as follows:
The lease system.—Under this system the contractors assume practically the entire control of the convicts including their maintenance and discipline, subject, however, to the regulations fixed by statute. In general, the prisoners are removed from the prisons and are employed in outdoor labor, such as mining, agriculture, railroad construction, etc., though manufacturing is sometimes carried on. The nature and duration of the employment are, within the restrictions of the law, fixed by the lease.
The contract system. The employment under this system is usually within the prison shops or yards, discipline and control remaining in the hands of the officers, only the labor of the convicts being let to and directed by the contractors for manufacturing purposes. The State usually furnishes shop room, and sometimes also provides power and machinery.
The piece-price system.—Not only the discipline of the convicts, but the direction of their labor as well, is retained by the State under this system, the contractors furnishing the material to be made up and receiving the finished product, an agreed price per piece being paid for the labor bestowed.
The public-account system.---There is no intervention of outside parties under this system, the employment of the convicts being in all respects directed by the State, and the products of their labor being sold for its benefit.
The State-use system. This system is similar to the above, except that such articles are produced as will be of service to the State in supplying and maintaining its various institutions, and are appropriated to such use instead of being put on the general market.
The public-works-and-ways system.- Under this system, convicts are employed in the construction and repair of public buildings, streets, highways, and other public works.
Following is a statement in brief of the principal points covered by the laws of each State. The term “county convicts" is used with reference to those sentenced to terms in a county jail or workhouse, and “State convicts” to those serving terms in a State institution.
Control.- A board of inspectors, appointed by the governor, has control of all State convicts, and of all county convicts employed outside the county of sentence. This board prescribes the nature, conditions and places of employment of convicts, makes rules for their control, and must inspect biweekly their quarters, clothing, and general condition.
The county commissioners retain control of county convicts employed within the county of sentence. A superintendent of public works may be appointed to have charge of the convicts employed by a county on its roads, bridges, etc.
Systems of employment. --All systems named above are authorized, employment on public works and ways being used only for the working of male county convicts.
Regulations.-All contracts must be prepared under the supervision of the attorneygeneral of the State and be approved by the governor. Labor must be of the kind and at the place named in the contract, and no rehiring is allowable except upon recommendation of the board of inspectors, approved by the governor. No one may be hired to a relative, nor to one personally hostile or of inhumane disposition.
Not less than twenty convicts may be hired to any one person or kept in any one prison. This limitation does not apply to mines and quarries, nor to county convicts employed in the county of conviction. Each contractor must keep his convicts in a prison which has been approved by the board.
Convicts employed in mines must be, and those employed elsewhere may be tasked, and after performing their allotted tasks, they may be allowed to work for themselves, the proceeds of their labor to be disposed of according to the rules of the board.
Mining and farming on State lands, and the erection of State factories are mentioned.
No labor may be required on Sundays, Christmas Day, the Fourth of July, and Thanksgiving Day.
Physically disabled convicts, or those injured by such labor, are not to be worked in mines, nor may any task be required of a convict for which he has been declared unfit by the physician inspector.
Convicts must be separated according to the grade of their offenses, and according to sex and race. Those under 16 years of age must be confined and worked only in a reformatory located on property owned by the State, to which county convicts may also be sent.
Female guards are to be employed for female convicts. Cruel and excessive punishments are forbidden; corporal punishment is permitted.
Each convict must be furnished at discharge, by the person having him in possession or control at the time, with a suit of clothing, transportation to the county seat of the county of sentence, and 50 cents in money for each day's travel required for the journey. Detention of a convict after expiration of sentence is punishable by fine and imprisonment.
The same laws, unless otherwise expressly provided, govern both county and State convicts.
Sources: Code of 1897, sections 4431 to 4548; Acts of 1900–1901, No. 1081; Acts of 1903, Nos. 73, 479, 500.
ARIZONA. Control.—The governor, the auditor of the Territory, and a citizen appointed by the governor form a board of control with full charge of penal institutions. This board formulates rules of government and makes inspections at least quarterly.
The keepers of the several county jails, with the consent of the supervisors of the county, have the direction of the employment of county convicts.
Systems of employment.--The provision as to State convicts is not clear, but the contract system is apparently contemplated. County convicts may be employed on public works and ways.
Regulations.—Discharged convicts receive $5, their earnings, if any, and transportation for a journey not to exceed 300 miles.
County convicts perform work on streets and highways under the supervision of the road overseers. Labor either within or without the jail must be performed every day except Sunday.
Sources: Revised Statutes of 1901, sections 1195 to 1199, 3563 to 3595.
Control.-- The State auditor, secretary of state, the commissioner of mines, manufactures, and agriculture, and the governor constitute a board of commissioners for the management of the penitentiary and its inmates, and must make visits at least monthly and inquire into the discipline and employment of convicts.
County convicts labor under orders issued by the court sentencing them. The county court may arrange for their employment, employing a superintendent to have immediate charge of such as labor on highways and other county improvements.
Systems of employment.-State convicts are to be employed, preferably under the public-account system; goods made by them may be taken for State use.
The contract system is allowed, but the lease system is prohibited.
County convicts may be employed under the lease, contract, public-account, or public-works-and-ways system.
Regulations.- Employment in mechanical and agricultural pursuits, the clearing of timber and the mining of coal on State lands and the acquisition and operation of a quarry are authorized for those convicts employed on public account. But persons physically disqualified or under 18 years of age may not be employed in mining. The employment of convicts in the construction of State railroad and telegraph lines is also authorized. Ten hours constitute a day's labor.
Convicts employed on farms may be required to aid in the repair of roads in the vicinity for a number of days not greater than is required of free labor.
No convict may be hired as a domestic servant to any person outside the prison walls.
Punishment must be within the limitations prescribed by the board.
County convicts not employed on public works and ways or on the county farm may be employed at any lawful labor, and if no resident of the county offers to contract for such labor, they may be hired to a resident of another county.
Goods. The penitentiary is to be credited with the value of the goods, at market price, furnished to other departments and institutions of the State.
Stone, wood, and surplus coal produced by convict labor are to be disposed of as the board may direct.
Sources: Digest of 1894, sections 883 to 932, 5496 to 5564; Acts of 1897, Nos. 33, 38; Acts of 1897, extra session, No. 1420; Acts of 1899, Nos. 111, 152.
Control.— A board of five directors appointed by the governor is charged with the management of the State penitentiaries, and the employment of convicts. Monthly inspections by the board are directed.
Boards of county supervisors have jurisdiction of the employment of county convicts.
Systems of employment.-- The public-account, State-use, and public-works-and-ways systems are adopted. The letting of contracts for prison labor is forbidden.
Regulations. The manufacture of jute fabrics and the crushing of rock for road material are provided for. At least twenty convicts must be employed on the public roads at the State prisons.
Prison rules prescribe the number of hours of labor required in each and every day during a convict's term of imprisonment.
Punishments may be inflicted only by the order and under the direction of wardens.
Discharged prisoners receive their earnings, if any, and if this sum is not sufficient for present needs, each one receives $5, a suit of clothing, and transportation to the place of sentence or other place of equal cost of travel.
County convicts may be employed on public works and ways, or in other places for the benefit of the county.
Goods. ---No convict-made goods may be sold in the State except those whose sale is specially sanctioned by law.
The sale of jute and hemp grain bags is at a price fixed by the prison directors on a basis prescribed hy statute.
Crushed rock is sold on orders for highway and other purposes, at a price of not less than 30 cents per ton, preference being given to orders from the State bureau of high ways.
Sources: Constitution; Penal Code of 1885, page 344; Acts of 1889, chapter 26+; Acts of 1891, chapter 216; Acts of 1893, chapter 42; Acts of 1895, chapter 208; Acts of 1897, chapter 97; Acts of 1901, chapter 160; Acts of 1903, chapter 116.
Control.—The governor appoints a board of three commissioners who make rules for the government and discipline of the State penitentiary, and must visit it at least quarterly.
County convicts sentenced to hard labor perform such labor at the direction of the jailer, under the supervisory control of the county commissioners.
Systems of employment. -The lease, contract, public-account, and public-works-andways systems are provided for.
Řegulations. The labor of State convicts must be such as to least conflict with the free labor of the State, and is to be performed under the superintendence of the warden. They must be classified, and must labor daily, except Sundays, for an average of not more than ten hours.
Convicts from without the State may not be employed by any one within the State.
Discharged convicts are to receive $5, a suit of clothing, and transportation to any point in the State.
County convicts must labor daily except Sundays, and may be employed on public highways or other works; or they may be leased for employment in quarries and mines in the county of sentence or an adjacent county.
Goods.—The products of convict labor are to be disposed of for the benefit of the State. No convict-made goods or materials may be brought into the State by any public officer for use in the erection or repair of any public building.
Dealers in prison-made goods must give bond and procure an annual license, the fee for which is $500. Prison-made goods offered for sale in the State must bear a mark showing they are prison-made.
Sources: Statutes of 1891, sections 1445, 1446, 3403 to 3465, 4163, 4174; Acts of 1903, chapter 149.
Control.-The governor appoints seven directors who have charge of the prison and of the employment of its inmates, and must visit it twice in each quarter.
County commissioners and the selectmen of towns are charged with the employment of convicts coming under their care.
Systems of employment.-Convicts may be employed under such system as the board of directors may determine. The public-account system is evidently contemplated, and probably the contract system also.
Regulations. --Such number of convicts as the board of directors may fix may be employed outside the prison walls, but within 2 miles thereof, under the charge of some officer of the prison.
No State or county convict may be employed in the manufacture of tobacco or of any article to be used in the mouth of any human being.
Fetters, stripes not to exceed ten, solitary confinement, and a bread-and-water diet are allowed forms of punishment.
Convicts working out fines in the State prison are allowed $100 per annum; those in jails are allowed $1 per day:
Sources: General Statutes of 1902, sections 2897 to 2976.
Control.- The State maintains no penal institution. Convicts sentenced for terms of six months or longer may be sent to other States for detention, on such terms as the governor may make.
The levy court of each county appoints annually a board of three commissioners to have control of the county jail or workhouse and of the employment of the inmates thereof.
Systems of employment. -The lease, public-account, State-use, and public-works-andways systems are authorized.
Regulations.-Convicts sentenced to terms of six months or longer and not sent outside the State may be hired out; or they may be employed on roads or public works. Convicted tramps may be put to work on streets and highways, or hired to private persons for a period not exceeding one month.
Newcastle County is authorized to operate a stone quarry for the preparation of macadam. Eight hours is a day's work in this employment.
Solitary confinement and a bread-and-water diet are prescribed punishments.
Goods.—Macadam prepared at the Newcastle County quarry is to be distributed among the various hundreds of the county as they may require; the surplus may be sold at public sale. Source: Revised Code, edition of 1893, chapters 8, 54, 133.
H. Doc. 733, 58–2—3