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expressed in the indentures and testified by his signing the same. The county court may bind out a child who is, or whose parents are, chargeable to the county: The superintendent of the Reform School may, with the consent of the minor, bind out any minor committed to said institution.
Apprentices may not be bound for a longer term than until majority, which in the case of males is 21 and of females 18 years of age. Children under 14 years of age may be bound out until that age, without their consent.
A pauper minor bound out by the county court must be taught to read, write, and cipher, and must be given such other instruction as the court may deem reasonable. The death of the master discharges the apprentice. Source: Annotated Codes and Statutes of 1902, sections 5291 to 5315.
Minors may be bound out with the assent of a parent, guardian, or next friend. The justices of the orphans' court in the respective counties shall have full power, at the instance and request of executors, administrators, guardians, or tutors, to order and direct the binding out of minors. The overseers of the poor may, with the approbation and consent of two or more magistrates of the same county, bind out any poor child whose parents are dead or are found by said magistrates to be unable to maintain it. All corporations organized for the purpose of providing homes for friendless or destitute children may bind out a child committed to their charge, whose maintenance is unprovided for by its parents or guardians. The directors of almshouses may bind out any child in their charge. The managers of the House of Refuge of Philadelphia and of the House of Refuge of Western Pennsylvania may bind out, with his consent, any minor committed to their care. The courts of common pleas and the orphans' court of any county may decree, to officers of any benevolent or charitable institution that may have cared for and maintained a minor child for a period of one year either wholly or partly at its expense, power to bind out the same, provided that due notice must first be given to the parent,
Males may be bound out until 21 and females until 18 years of age.
It is unlawful for any person knowingly to harbor and conceal for more than twenty-four hours an apprentice who has run away from the service of his master.
Sources: Brightly's Purdon's Digest, 1895, page 95, section 6; page 117, sections 1 to 15; page 998, sections 8, 25; page 1704, section 45; Brightly's Digest, 1903, page 55, sections 1, 2.
A minor may be bound out by the father, or, if he is dead, by the mother when sole; or, being under the age of 14, by the legal guardian. A minor, if he is 14 years of age and has no parent, may bind himself out with the approbation of his guardian, or, if he has no guardian, by and with the approbation of the town council of the town where he resides. The overseers of the poor of a town, with the advice and consent of the town council, may bind out children of parents who are lawfully settled in and have become chargeable to the town; children of parents so settled, whose parents, whether they receive alms or are chargeable or not, shall be deemed by said overseers unable to maintain them; children of parents residing in the town who are there supported at the charge of the State; children of parents or a parent, residing in a town, who have no legal settlement in the State and are adjudged by the town council to be unable to maintain them, and children in a town without estate sufficient for their maintenance, who have no parents residing therein, and who have no legal settlement in the State. Such children may be bound out to any citizen or to any incorporated institution for the care of children, within the State or within the States of Massachusetts or Connecticut, to the Providence Children's Friend Society, to the Home for Friendless Children in Newport, or to the Providence Shelter for Colored Children.
Minors may be apprenticed until 21 years of age in the case of males and 18 years in the case of females, or until married within that age.
The master must obligate himself to cause the apprentice to receive instruction in reading, writing, and ciphering, and such other instruction as may be fit and reasonable. All considerations of money, clothes, etc., must be given to or secured to the sole use of the apprentice. The death of the master discharges the apprenticeship. Source: General Laws of 1896, chapter 79, section 14; chapter 198, sections 1 to 20.
A minor may be bound out with the approbation of the father, mother, or guardian, or, if the minor has neither father, mother, nor guardian, of the grandfather, grandmother, or brother, sister, uncle, or aunt of mature age, in the order as above, or, if the minor has none of the above relatives, of the trial justice. Said approbation must be certified on the indentures by a trial justice under his hand and seal. A poor child chargeable to a county, and an illegitimate child likely to become chargeable to a county or to become demoralized by the vicious conduct and evil example of its mother or other person having charge of it, may be bound out by the county commissioners.
Males may be bound as apprentices until the age of 21 and females until 18 years of age or until married within that age. Poor children bound out by the county commissioners may be apprenticed until the age of 16 years in the case of males and 14 years or until married within that time in the case of females. Source: Civil Cole of 1902, sections 788, 2705 to 2714.
SOUTH DAKOTA. A minor may bind himself out. The consent is necessary of both the father and mother; if the father is dead, of the testamentary guardian or executor, or, if no such guardian or executor has been appointed, then of the mother; if the father lacks capacity to consent or has abandoned or neglected to provide for his family, of the mother; if the mother is dead or lacks capacity to consent, of the father; if there is no parent of capacity to consent and no executor, of the guardian; if there is no such parent, executor, or guardian, then of the officers of the poor of the town or county, of any two justices of the peace of the county, or of the probate judge. A child who is, or whose parents are, chargeable to a county or city poorhouse, or who is in such poorhouse, may be bound out by the proper officers of the poor with the written consent of a justice of the peace. The State board of charities and corrections may bind out inmates of the State Reform School for Juvenile Offenders.
Male apprentices may be bound until 21 and female apprentices until 18 years of age, or for a shorter time. A minor capable of becoming a citizen of the State and coming from any other country, State, or Territory, and binding himself out for the purpose of paying his passage, may be bound for a term not exceeding one year, although such term extends beyond his majority.
An apprentice must be taught reading, writing, and the general rules of arithmetic, or must be sent to school three months in each year for the period of the indenture. At the expiration of his term the master must give him a new Bible.
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, shop, house, or cellar, 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. Upon the death of the master, the executors or administrators inay assign the indenture with the written consent of the apprentice, acknowledged before a justice of the peace. If the apprentice refuses such consent, the probate or district court may authorize such assignment without his consent.
Source: Revised Codes of 1903, Civil Code, sections 163 to 181; Code of Criminal Procedure, section 705.
TENNESSEE. The county court may bind out, in the name of the State, an orphan whose estates are of such small value that no person will educate or maintain him for the profits thereof, a base-born child, and any child totally abandoned by the father and for whom he fails to provide support and maintenance. In the last case above, the consent of the mother must be given in open court unless she is unable to provide for the maintenance of the child.
Orphan children may be bound out until the age of 21 years if males and 18 years if females. In the case of base-born children the age limit is 21 years for either sex.
Masters are required to teach orphan apprentices, or cause them to be taught, to read and write and cipher as far as the rule of three, and to make fit and necessary provision for their diet, clothes, lodging, and accommodations. Upon the completion of the apprenticeship the master is required to pay his apprentice $20 in addition to the stipulations in the contract, and to furnish him with one good suit of clothes.
A master is not permitted to remove an apprentice out of the State without the assent of the court.
Source: Code of 1884, sections 2129, 3422 to 3437.
TEXAS. The county court may bind out an orphan who is without sufficient estate for his maintenance and education, a child whose parents have suffered him to become a charge upon the county, and a child whose parents, not being a charge on the county, shall consent in writing to his apprenticeship, which consent shall be signed by them and filed and entered of record in such court.
Males may be bound out until 21 and females until 18 years of age or until married within that age.
An apprentice must, if practicable, be sent to school at least three months in each year during the continuance of the apprenticeship and while he is within the scholastic age. Sufficient food and clothing, and the necessary medicine and medical attention must be furnished. Moderate chastisement, as may be necessary and proper, may be inflicted upon the apprentice by the master.
It is unlawful for a master to take an apprentice out of the county without the order of the county judge.
Source: Revised Civil Statutes of 1895, articles 23 to 46.
UTAH. A minor may be bound out by a parent or guardian, and if the minor is over 12 years of age the indentures must also be signed by him. The probate court or selectinen may bind out an idle, vicious, or vagrant minor child without its consent and without the consent of its parents or guardian, if said parents or guardian neglect, refuse, or otherwise fail in properly controlling the actions and education of such child, and do not train it up in some useful avocation; also a child whose parents, from habitual drunkenness and vicious and brutal conduct, etc., are not deemed suitable persons to retain the guardianship or control the education of it. The board of trustees of the State Industrial School may bind out children as apprentices with their consent or the consent of their parents or guardians.
Apprentices may be bound until the attainment of the age of legal majority, which is 21 years in the case of males and 18 years in the case of females.
The master is required to send the apprentice to school while between the ages of 8 and 14 years, at least twenty weeks in each year, and to clothe him in a comfortable and becoming manner.
The removal of the master from the State discharges the apprenticeship.
VERMONT. A minor may be bound out by the father, or, if he is dead or incompetent, by the mother or legal guardian; or, if there is no parent competent to act and no guardian, he may bind himself with the approbation of the selectmen of the town where he resides. If illegitimate he may be bound by his mother, but the power of a mother to bind out her children, whether legitimate or illegitimate, shall cease upon her subsequent marriage. The overseers of the poor may bind out the minor children of a poor person who has become chargeable to a town, or who is supported in whole or in part at the charge of such town, and minor children who are themselves chargeable to the town. The trustees of the reform school may bind out children committed to said school. ,
Children under 14 years of age may be bound out until that age. A minor over 14 years of age, whose consent is expressed in writing in the indenture, may be bound during minority, orifa girl, until married before becoming of age. The age of majority is 21 years for males and 18 years for females. Inmates of reform schools may be bound only for the terms for which they were committed.
Considerations of money or other things paid or allowed by the master upon a contract of apprenticeship must be paid or secured to the sole use of the apprentice. Parents, guardians, selectmen, and overseers are required to inquire into the treatment of apprentices bound by them respectively, and defend them from cruelty, neglect and breach of contract on the part of the master.
No indenture of apprenticeship is binding upon the minor after the death of the master.
Source: Statutes of 1894, sections 2829 to 2854, 3187 to 3189, 5189.
VIRGINIA. A minor may be bound out by the guardian, or, if there is no guardian, by the father, or, if there is neither guardian nor father, by the mother. The consent, entered
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, by 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 gnardian, 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 putative 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,