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and Wayne, and the boroughs of Pine Grove, Tremont, Minersville, Pottsville, York- 12 May 1887 § 1.
ville, Saint Clair, Port Carbon, Mount Carbon, Palo Alto, Auburn, Cressona,
Schuylkill Haven and Orwigsburg shall constitute the fourth district, and elect
three members.

The county of Snyder shall elect one member.
The county of Somerset shall elect two members.

The county of Sullivan shall elect one member.

The county of Susquehanna shall elect two members.

The county of Tioga shall elect two members.

The county of Union shall elect one member.

The county of Venango shall elect two members.
The county of Warren shall elect one member.

The county of Washington shall elect three members.

The county of Wayne shall elect two members.

The county of Westmoreland shall elect four members.

The county of Wyoming shall elect one member.

The county of York shall elect four members.

P. L. 98. Apportionment.

Ibid. § 2.

S. The representatives shall be chosen by the qualified electors of the city of Philadelphia and the several counties of this commonwealth at the time, places, when and how and in the manner prescribed by the constitutions and laws of this commonwealth. chosen. Representatives shall be chosen at the general election in November, Anno Domini one thousand eight hundred and eighty-eight, to serve for two years, and biennially thereafter.

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1 Sm. 83.

1. The justices of the said orphans' court in the respective counties shall, by 27 March 1713 § 7. virtue of this act, have full power and authority, *** at the instance and request of the said executors, administrators, guardians or tutors, to order and direct the Minors may be binding or putting out of minors, apprentices to trades, husbandry or other em- bound apprentices, ployments, as shall be thought fit.(y)

by order of orphans' court.

2. Provided always, That none of the said orphans' courts shall have any power Ibid. § 12. to commit the tuition or guardianship of any orphans or minors, or bind them Masters to be of apprentices to any person or persons, whose religious persuasion shall be different the same religious from what the parents of such orphan or minor professed, at the time of their persuasion. decease, or against the minor's own mind or inclination, so far as he or she has discretion or capacity to express or signify the same; or to persons that are not of And persons of good repute, so as others of good credit, and of the same persuasion, may or can good repute. be found.

3. It shall be lawful for the overseers of every district,(z) with the approbation 18 June 1836 § S. and consent of two or more magistrates of the same county, (a) to put out as

(y) This power is expressly reserved to the orphans' courts, by the act 29 September 1770, § 5. 1 Sm. 311. (z) The 45th section of this act defines the meaning of the word "district." See post," Poor "29, and Er parte McDonald, 7 Leg. Gaz. 333.

(a) It is not necessary that the infant should join

P. L. 542.

in the indenture. Commonwealth v. Jones, 3 S. & R. 158. In Philadelphia, under the act of 15 March 1828, § 15, the guardians of the poor have authority to bind out a child who has received public assistance from their out-door officers, although not in the almshouse or children's asylum. Commonwealth v. Farley, 3 Clark 49. They have no power to bind out a child

18 June 1886 § 8.

P. L. 542.

Of the binding of

poor children.

25 May 1878 § 1. P. L. 152.

Children may be bound to charitable

institutions.

29 Sept. 1770 § 1. 1 Sm. 809.

Term of indentures.

23 May 1887. P. L. 168.

apprentices all poor children whose parents are dead, or by the said magistrates found to be unable to maintain them, (b) so as that the time or term of years of such apprenticeship, if a male, do expire at or before the age of twenty-one years, and if a female, at or before the age of eighteen years.

4. All corporations, organized under any general or special law of this commonwealth, for the purpose of providing homes for friendless or destitute persons or children, shall be, and are hereby authorized to receive such children, upon indenture from the guardians, overseers or directors of the poor of any municipality; and also to bind out and provide suitable homes for all children committed to their charge, when maintenance is unprovided for by their parents or guardians.(c)

5. All and every person or persons that shall be bound by indenture, (d) to serve as an apprentice (e) in any art, mystery, occupation or labor, (g) with the assent (h) of his or her parent, (i) guardian or next friend, (k) [or with the assent of the overseers of the poor, and approbation of any two justices,] (1) although such persons, or any of them, were or shall be within the age of twenty-one years (m) at the time of making their several indentures, shall be bound to spend the time in their respective indentures contained, so as such time or term of years of such apprentice, if a female, do expire at or before the age of eighteen years, and if a male, at or before the age of twenty-one years, as fully, to all intents and purposes, as if the same apprentices were at full age at the time of making the said indentures, any law, usage or custom to the contrary notwithstanding. (n)

6. In all cases where, by any law of this commonwealth, the guardian for the relief and employment of the poor of any city, district or township, are authorized When the mother, to bind any orphan to any city, the said binding may be made by the mother, guardian or next friend of the said orphan, and shall be of the same force and

&c., of orphan may bind.

that has not become chargeable to the public. Commonwealth v. Martin, 1 Pears. 30. See "Almshouses" 6.

(b) They cannot bind out a child that has grandparents of ability to maintain it. Whiting's Case, 3

Pitts. 129.

(c) A writing without seal is not an indenture. Commonwealth v. Wilbank, 10 S. & R. 416. Phelps v. Railroad Co., 39 L. I. 149. See 1 Bouv. Inst. 161. It must be executed by the infant. Commonwealth v. Moore, 1 Ash. 123. Where the binding is by the overseers, and the infant is not a party to the indenture, assumpsit is the proper remedy for a breach on the part of the master. Pollock v. Chapman, 8 W. N. C. 433.

(d) See tit. "Infants."

(e) An indenture to serve merely, but not to learn any trade, occupation or labor, is not valid. Respublica v. Keppele, 2 Dall. 197; s. c. 1 Y. 233. The terms "servant" and "apprentice" are not synonymous. Altemus v. Ely, 3 R. 307. The court have always frowned upon every attempt to bind children out as servants. Commonwealth v. Baird, 1 Ash. 268. Commonwealth v. Hemperly, 4 Clark 440. (g) A binding, as a waiter, is good. Commonwealth v. Vanlear, 1 S. & R. 252. Housewifery is a mystery, within the meaning of the act. Commonwealth v. Jennings, 1 Bro. 197. See Commonwealth v. Dodge, 6 W. N. C. 214.

(h) An indenture executed without such consent is not binding on the infant. Guthrie v. Murphy, 4 W. 80. Commonwealth v. Vanlear, 1 S. & R. 248. It may be expressed by sealing the indenture, or by subscribing as a witness. Commonwealth v. Leeds, 1 R. 194. But such execution of the indenture creates no covenant. Commonwealth v. Eglee, 6 S. & R. 342. Commonwealth v. Leeds, 1 R. 194. And does not render the guardian liable in case of a breach. Velde v. Levering, 2 R. 269. Leech v. Agnew, 7 P. S. 21. McAdams's Executors v. Stillwell, 13 Ibid. 90. The assent must be at the time of the binding. Commonwealth v. Crommie, 8 W. & S. 339.

(i) A mother, though married to a second husband, is a parent, within the meaning of the act. Commonwealth v. Eglee, 6 S. & R. 340. Commonwealth v. Leeds, 1 R. 195. And the mother may bind the children of an habitual drunkard. Commonwealth v. Cox, 1 Ash. 71. But her assent is not sufficient, where the father is living with her at the time of the binding. Commonwealth v. Crommie, 8 W. & S. 339. Commonwealth v. Martin, 1 Pears. 30.

(k) A sister may act as next friend, though a feme covert, and the binding be to her own husband. Commonwealth v. Leeds, 1 R. 191. And a half-sister. Commonwealth v. Roach, 1 Ash. 27. But a minor sister is incompetent. Commonwealth v. Penott,

Bright. 189. The person who acts as next friend need not be a relative, but must be some one who knows and acts for the best interest of the minor, and this may be shown by the terms of the indenture; therefore, an indenture executed by one, as next friend, who had but a casual acquaintance with the minor, did not consult him as to the binding, or make the contract, but executed it at the request of the master, and which contained no provision for schooling, was held invalid. Commonwealth v. Swartz, Com. Pleas, Phila., 19 August 1848; S. P. Commonwealth v. Atkinson, 8 Phila. 375. The master to whom the child was formerly bound, is not a proper next friend within the Commonwealth v. Kendig, 1 S. & R. 366. It is not necessary that the person who acts as next friend should receive an appointment as such from legal authority. Commonwealth v. Roach, 1 Ash. 27. But he should be one who, by his age, condition and conduct, gives evidence of a proper discretion, and more than ordinary interest in the welfare of the minor. Commonwealth v. Atkinson, 8 Phila. 375. Where

act.

the parent of a child lives at a distance, and has long relinquished his protection, a binding by next friend is good. Commonwealth v. Kendig, 1 S. & R. 366.

(1) Supplied supra 3. The overseers can only bind when the child becomes a charge. Commonwealth v. Vanlear, 1 S. & R. 250. Commonwealth v. Martin, 1 Pears. 30. Aldermen have the same power as justices. Commonwealth v. Vanlear, 1 S. & R. 248.

(m) A child of any age may be bound. Brotzman v. Bunnell, 5 Wh. 128. A person of full age, binding himself to learn a trade, is not subject to the provisions of this act giving summary jurisdiction in disputes between master and apprentice. Pidgeon's Case, 1 Bro. 374. Commonwealth v. Sturgeon, 2 Ibid. 205. 1 Bouv. Inst. 162. Contrà, Commonwealth v. St. German, 1 Bro. 24.

(2) A binding to a feme covert is void, although the husband may have given his assent to it; for, not being a party to the indenture, he is not responsible on the covenants. Commonwealth v. Medwinter, Com. Pleas, Phila., RANDALL, J. 2 Chit. R. 284. 1 Bouv. Inst. 159. An indenture executed by one of two partners on behalf of the firm, is invalid. Taylor's Ĉase, 1 Bro. App'x, lxxiii. An indenture which does not contain a covenant to give the apprentice a reasonable education, is void. Commonwealth v. Penott, Bright. 189. Commonwealth v. Atkinson, 8 Phila. 375. (But see infra 6.) Unless it should appear that the education of the apprentice had been sufficiently attended to before. Commonwealth v. Leeds, 1 R. 191. And an indenture wherein the master, in lieu of the common covenants for boarding, &c., agreed to pay him a certain sum per week, for at least nine months in each year, was held to be valid. Commonwealth v. Conrow, 2 P. S. 402.

effect, and as binding upon the said orphan, as if the indenture were executed by the guardians of the poor.(0)

28 May 1887. P. L. 168.

March 1865 § 1.

P. L. 410.

7. No indenture of apprenticeship shall hereafter be cancelled or deemed void, 17 by reason of the want of any covenant on the part of the master, to assume the guardianship of, or to school or educate the apprentice: Provided, It shall appear, Form of indenon the face of the indenture of apprenticeship, that said apprentice had arrived at tures in Philathe of seventeen years, at or before the execution thereof; or in case said ap- gheny counties. delphia and Alleage prentice should not have reached said age, that satisfactory proof was given to the magistrate, at the time of binding, that the apprentice has received such an education, in reading, writing and arithmetic, as to render further schooling unnecessary; nor shall any such indenture be deemed void, by reason of any covenant, on the part of the master, to pay a certain sum, from time to time, to the father, mother, guardian or next friend of said apprentice, or to said apprentice alone, in case of the decease of the father or mother, in lieu of the maintenance, clothing and medical expenses of said minor, or that the care, guardianship or maintenance of said minor was committed to the father, mother, guardian or next friend, or some near relation of said minor, when not employed by his or her master, in and about his work: Provided, That this act shall apply only to the city of Philadelphia and the county of Allegheny.

P. L. 52.

8. Any person who shall, either in an individual capacity, or as a member of any 28 April 1876 § 1. association, attempt, by any unlawful means whatever, to prevent any mechanic, employer or person having charge of any manufacturing business, from taking as Penalty for prean apprentice any minor whose parents or guardians are desirous of apprenticing venting the taking said minor, or where such minor is without parents or guardians and desires to of apprentices. apprentice himself or herself, shall be guilty of a misdemeanor; and on conviction thereof in the proper court of quarter sessions, shall be sentenced to pay a fine not exceeding one hundred dollars, or to imprisonment not exceeding three months, or both, or either, at the discretion of the court.

II. Of the remedies for misconduct.

9. If any master or mistress shall misuse, abuse, evilly treat,(p) or shall not 29 Sept. 1770. § 2. discharge his or her duty towards his or her apprentice, according to the cove- 1 Sm. 309. nants in the indentures between them made, or if the said apprentice shall abscond In case of misconor absent him or herself from his or her master or mistress's service without leave, or duct, complaint to shall not do and discharge his or her duty to his or her master or mistress, accord- tice of the peace. be made to a jusing to his or her covenants (9) aforesaid, the said master or mistress, or apprentice, being aggrieved in the premises, shall or may apply to any one justice of the peace of any county or city where the said master or mistress shall reside, who, after giving notice to such master or mistress, or apprentice, if he or she shall neglect

or refuse to appear, shall thereupon issue his warrant for bringing him or her, the Duty of the jussaid master, mistress or apprentice before him, and take such order and direction tice. between the said master or mistress, and apprentice, as the equity and justice of the case shall require; and if the said justice shall not be able to settle and accommodate the difference and dispute between the said master or mistress, and apprentice, through a want of conformity in the master or mistress, then the said justice shall take a recognizance of the said master or mistress, and bind him or her over to appear and answer the complaint of his or her said apprentice, at the next county court of quarter sessions to be held for the said county or city, and take such order with respect to such apprentice, as to him shall seem just; and if through want of conformity in the said apprentice, he shall, if the master or mistress, or apprentice request it, take a recognizance of him or her, with one sufficient surety, for his or her appearance at the said sessions, and to answer the complaint of his or her said master or mistress, or commit such apprentice, for

(0) See act 5 May 1855, § 3, P. L. 430, and see post, title "Marriage."

(p) A master has authority to inflict punishment on his apprentice, and he is not liable for an unjust punishment, arising from an error of judgment; but if he inflict punishment for the purpose of gratifying a cruel and revengeful disposition, and not for the correction and reformation of the apprentice, it is an abuse of his power, and his authority in that case is no protection. Commonwealth v. Hodgson, Lewis' C. L. 103. A master has no right to require menial duties of his apprentice. Commonwealth v. Hemperly, 4 Clark 440. He is not, however, liable to indictment for every mistaken exercise of his authority; the remedy is under the act of 1770. Ibid. Neither parent, guardian nor master have the right to exercise any arbitrary control over an infant, as to his religious principles. Commonwealth v. Farley, 3 Clark 49.

(q) Where by the terms of an indenture the master covenanted to pay to the father of the apprentice a certain weekly sum "towards the support of the said apprentice," it was held, that the master was bound

to make the weekly payments to the father during the sickness of the apprentice, and whilst he was unable to work for the master. Corfield v. Fitler, Com. Pleas, Phila., 10 Dec. 1845. The master stands in loco parentis, and is bound by his contract to support the apprentice in sickness. Anon., Binns' Justice (8th ed.) 148. And see Guardians of the Poor of Philadelphia v. Overseers of Bristol, 6 S. & R. 563. Where an apprentice is bound to a master to learn a trade, the master is bound to teach him the whole of that trade, in all its branches; and the keeping of an apprentice to a subordinate branch, however such division of labor might expedite and perfect the whole work when completed, is a violation of his covenant, and a sufficient cause for cancelling the indentures. Commonwealth v. Aitken, Com. Pleas, Phila., 22 Dec. 1845. And see Ellen v. Topp, 6 Exch. 424. The master cannot remove the apprentice from the state, without power to do so in the indentures, or the nature of the employment justify it. Commonwealth v. Edwards, 6 Binn. 202; S. P. Commonwealth v. Deacon, 6 S. & R. 526.

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1 Sm. 809.

Jurisdiction and authority of the quarter sessions.

29 Sept. 1770 § 2. want of such surety, to the common jail or workhouse of the said county or city respectively; and upon such appearance of the parties, and hearing of their respective proofs and allegations, the said court shall, and they are hereby authorized and empowered, if they see cause, to discharge (r) the said apprentice of and from his or her apprenticeship, and of and from all and every the articles, covenants and agreements in his or her said indenture contained; the said indenture of his or her said apprenticeship, or any law or custom to the contrary notwithstanding; but if default shall be found in the said apprentice, then the said court is hereby authorized and empowered to cause, if they see sufficient occasion, such punishment, by imprisonment of the body and confinement at hard labor, to be inflicted on him or her, as to them in their discretion, they shall think his or her offence or offences shall deserve. (s)

29 Sept. 1770 § 8.

1 Sm. 811. Proceedings

apprentices.

III. Of absconding apprentices.

10. If any apprentice of any of the arts, trades, mysteries, occupations or labor aforesaid, shall depart or abscond(t) from his or her master or mistress's service, into any other county of this province, or into the city of Philadelphia, it shall and against absconding may be lawful to and for any justice of the peace of such county or city to issue his warrant to any constable within his county or city, to apprehend, take and have the body of such apprentice before him, or some other justice of his county; and upon such appearance, and hearing of the complaint and defence of the parties, if default be found in the said apprentice, then and in such case, the said justice of the peace before whom such warrant shall be returned, shall commit him or her to the common jail of the county where his or her said master or mistress shall reside, unless he or she will consent to return home, or shall find sufficient surety to appear at the next sessions, to be held for the county where such master or mistress shall reside, and answer the complaint of the said master or mistress, and not to depart the same without leave.

Ibid. § 4. Penalty for harboring them.

11 April 1799 § 1. 8 Sm. 385.

Apprentices to be liable when of age.

11 March 1834 § 21. P. L. 122.

11. If any person or persons whatsoever shall harbor, conceal or entertain(u) any such apprentice, knowing him to be such, during the space of twenty-four hours, without his or her master or mistress's consent, and shall not give notice thereof to his or her said master or mistress, every such person or persons, offending in the premises, shall pay to the said master or mistress the sum of twenty shillings, for every day he shall so harbor, conceal or entertain such apprentice, to be recovered in a summary way, as debts under five pounds are by law directed to be recovered, if the same shall not exceed five pounds; if otherwise, to be recovered by action of debt, to be brought at the suit of the party injured, in any court of common pleas within this province.

12. If any apprentice shall absent himself or herself from the service of his or her master or mistress, before the time of his or her apprenticeship shall be expired without leave first obtained, every such apprentice, at any time after he or she arrives at the age of twenty-one years, shall be liable to, and the master or mistress, their heirs, executors or administrators, are hereby enabled to sustain all such. actions and other remedies against him or her, as if the said apprentice had been of full age at the time of executing his or her indenture of apprenticeship.

13. No innkeeper or tavern-keeper shall receive, harbor, entertain or trust any person under the age of twenty-one years, or any apprentice or servant, knowing Penalty for harbor him to be such, or after being warned to the contrary by the parent, guardian, ing or entertaining master or mistress of such minor, apprentice or servant, under penalty, for the first apprentices by inn- or second offence, of three dollars, over and above the forfeiture of any debt conkeepers.

tracted by such minor, apprentice or servant, for liquors or entertainment; and for the third offence, under penalty of fifteen dollars, and the forfeiture of his license, and of being for ever incapable of receiving a license to keep a public inn within this commonwealth.

(r) The court will discharge an apprentice for acts of the master injurious to his mind and morals. Commonwealth v. St. German, 1 Bro. 24. Commonwealth v. Dodge, 6 W. N. C. 214. An indenture may be vacated by the consent of all parties to it. Graham v. Graham, 1 S. & R. 330. And is determined by the death of the master, unless, by its terms, it extend to his executors or administrators. Commonwealth v. King, 4 S. & R. 109. The court will discharge the apprentice, if the indentures have been procured by fraud or collusion. Commonwealth v. Leeds, 1 R. 191. But after an acquiescence by the parents for several years in the binding of a child, there must appear to be a palpable violation of the law, to induce the court to annul the indentures. Commonwealth v. Farley, 3 Clark 49.

(s) Where an apprentice absconds, or the master ill-treats him, the proper mode of proceeding is under this act; but where the indenture itself is intrinsically defective, the remedy is by habeas corpus. Commonwealth v. Atkinson, 8 Phila. 375.

(t) If an apprentice enlist in the army, the court will not, upon a habeas corpus, issued at the relation of the master, remand the apprentice to his custody, if he be unwilling to return, but will leave the master to his suit against the officer who enlisted the apprentice. The habeas corpus act is intended to secure personal liberty, not to decide disputes about property. Commonwealth v. Robinson, 1 S. & R. 353. Commonwealth v. Harris, 7 Penn. L. J. 283.

(u) The harboring made penal by this act requires some other ingredient besides a mere kindness or charity rendered to the fugitive. The intention or purpose which accompanies the act, must be to encourage him in the desertion of his master, to further his escape, and impede and frustrate his reclamation. The meaning of the words "harbor" and "conceal are not synonymous; there may be a harboring without a concealment. Van Metre v. Mitchell, 2 Wall. Jr. C. C. 311. Oliver v. Weakley, Ibid. 324. 3 Am. L. J. 168.

IV. Assignment of apprentices.

14. When any master or mistress shall die, before the term of apprenticeship 11 April 1799 § 2. shall be expired, the executors or administrators of such master or mistress, pro

3 Sm. 386.

vided the term of the indenture extended to executors and administrators, shall and of the assignment may have the right to assign over(v) the remainder of the term of such apprentice- of the indentures. ship to such suitable person, of the same trade or calling mentioned in the indenture, as shall be approved of by the court of quarter sessions of the county where the master or mistress lived, and the assignee to have the same right to the service of such apprentice, as the master or mistress had at the time of his or her death; and also, when any master or mistress shall assign over his or her apprentice to any person, of the same trade or calling mentioned in the indenture, the said assignment shall be legal, provided the terms of the indenture extended to assigns, and provided the apprentice, or his or her parent or parents, or guardian or guardians, shall give his, her or their consent to such assignment, before some justice of the peace of the county where the master or mistress shall live.

V. Foreign apprentices.

15. If any person shall bring or cause to be brought into this commonwealth 13 June 1836 § 26. any black or colored indented servant, such person, his or her heirs, executors, P. L. 547. administrators and assigns, shall respectively be liable to the guardians or over- Persons bringing seers of the city or district to which such black or colored person shall become negro servants chargeable, for such necessary expenses as such guardians or overseers may be from another state put to for his or her maintenance, support and interment, together with the costs their support. thereon.

(r) The consent of the parent or guardian, as well as that of the apprentice, is necessary to an assignment of an indenture. Commonwealth v. Vanlear, 1 S. & R. 248. It must be certified by the justice, or expressed in writing before him, and attached to the instrument at the time of the assignment. Commonwealth v. Jones, 3 S. & R. 158. An indenture binding an apprentice to a man, his heirs and assigns, without naming executors, cannot be assigned by his executors. Commonwealth v. King, 4 S. & R. 109. And where

to be liable for

an apprentice was bound to two copartners, or the survivor of them, and in case of dissolution he was to have the right to elect which of the partners he would serve; and on a dissolution, one of the partners assigned to the other all his interest in the indentures, the court held, that to make the election of the apprentice valid, it must be done with the consent of the parent or guardian, and that the dissolution abrogated the indenture, the parent not consenting to the election. Commonwealth v. Leeds, 1 Ash. 405.

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