SEC. 4081. No minor bound unless by indenture.-No minor shall be bound, as aforesaid, unless by an indenture of two parts, sealed and delivered by both parties, and when made with the approbation of the probate court, or the judge thereof in vacation, its approbation shall be certified in writing, indorsed upon each part of the indenture.

SEC. 4082. Indenture, where deposited-One part of the indenture shall be kept for the use of the minor, by his parent or guardian, when executed by them respectively; and when made with the approbation of the probate court, shall be deposited with the clerk, and be safely kept in his office for the use of the minor.

SEC. 4083. Age of apprentices to be inserted.-The age of every apprentice shall be inserted in the indentures; and all indentures entered into otherwise than as herein provided, shall be, as to all apprentice under age, utterly void.

SEC. 4084. Covenants in indenture.—In all indentures by the probate court for binding out any orphan or poor child as an apprentice, there shall be inserted, among other covenants, a clause to the following effect: That the master to whom such minor is bound, shall cause to be given to such minor a common school education, and at the expiration of such apprenticeship shall give such apprentice a new bible and two new suits of clothes, to be worth fifty dollars, and twenty dollars in current money of the United States.

SEC. 4085. Indenture void on death of master.-No indenture of apprenticeship or service, made in pursuance of this chapter, shall bind the minor after the death of his master, but the apprenticeship or service shall be thenceforth discharged, and the minor may be bound out

anew.

SEC. 4086. Treatment of apprentices.-Parents and guardians and the probate court shall inquire into the treatment of the children bound by them, respectively, or with their approbation, and of all who shall have been bound by or with the approbation of their predecessors in office, and defend them from all cruelty, neglect and breach of contract on the part of their masters.

SEC. 4087. Complaints by and against apprentices, how inquired into. The probate court shall hear the complaints of apprentices who reside within the county, against their masters, alleging undeserved or. immoderate correction, insufficient allowance of food, raiment or lodging, want of instruction in their trade or calling, or that they are in danger of being removed out of this State, or the violation of the indenture or apprenticeship, and may hear and determine such cases by a jury or otherwise, and make such order therein as will relieve the party injured in future.

SEC. 4088. Proceedings when apprentice quits service.-The probate court shall also be empowered, upon complaint being filed by the master, that an apprentice has, without cause, left his service, to cause the same to be inquired into by a jury or otherwise, and make such order or orders in the premises as may be just and proper.

SEC. 4089. Power of court to discharge apprentice. The probate court shall have power, when circumstances require it, to discharge an apprentice from his apprenticeship; and, in case any money or other thing has been paid, by either party in relation to such apprenticeship, the court shall make such order concerning the same as shall seem just and reasonable. If the apprentice so discharged shall have been originally bound by the probate court, it shall be the duty of the court, if they judge necessary, again to bind such apprentice, if under age.

SEC. 4090. Master liable to action in covenants in indenture.Every master shall be liable to an action on the indenture for the breach of covenant on his part therein contained; and all damages recovered in such action, after deducting the necessary charges in prosecuting the same, shall be the property of the minor, and shall be applied and appropriated to his use by the person who sha'l recover the same, and shall be paid to the minor, if male, at the age of twenty-one years, and if female, at the age of eighteen years, or at the time of her marriage within that age.

SEC. 4091. Limitation of action.-If such action is not brought during the minority of such apprentice, he may commence such action in his own name, at any time within two years after he becomes of age, and not after.

SEC. 4092. Proceedings against apprentice.-If any such appren.tice shall be guilty of any gross misbehavior, or refusal to do his duty, or willful neglect thereof, his master may make his complaint to the probate court of the county in which he resides, setting forth the circumstances of the case, to which complaint shall be attached a citation, signed by the clerk of such court, requiring the apprentice and all persons who have covenated on his behalf, to appear and answer to such complaint, which complaint and citation shall be served on them in the usual manner of serving civil process.

SEC. 4093. Power and duties of courts.-The court shall proceed to hear and determine the cause, with or without a jury, and after a full hearing of the parties, or of the complainant alone, if the adverse party shall neglect to appear after due notice, the court may render judgment or decree that the master be discharged from the contract of apprenticeship or service, and for the costs of the suit; such costs to be recovered of the parent or guardian of the minor, if there be any,

who

signed the indenture, and execution be issued therefor accordingly; and if there be no parent or guardian liable for such costs, execution may be issued therefor against the minor, or the amount thereof may be recovered in an action against him after he shall arrive at full age; and any minor discharged as aforesaid may be bound out anew.

SEC. 4094. Parties to indenture liable to master, when.-The parties to such indentures shall also be liable to the master, in an action on the indenture, for the breach of any covenant on their part therein contained, committed before the master was so discharged from such indenture.

SEC. 4095. Apprentice, when liable.-If any such apprentice shall willfully absent himself from the service of his master, or shall run away, so that the master shall be deprived of his services during the remainder of the term, or any part thereof, for which he was bound to serve, or shall violate any of the stipulations in said indenture, the master may recover such damages as he has sustained thereby, in an action against such minor; provided, there is no other person liable in such indenture thereof.

SEC. 4096. Proceedings under discharge, etc..-When any apprentice, or master, shall be discharged from any indenture, in pursuance of the provisions of this chapter, and any sum of money shall have been paid or agreed for by either party on the execution of said indenture, the court may, at the time they discharge such person from the indenture, also order such sum of money, or any part thereof, as the equity of the case may require, to be refunded, if paid to him who advanced the same, or his personal representative; and if not paid, they may, by order, discharge the same, and direct any securities that may have been given therefor to be delivered up or canceled.

SEC. 1097. Penalty for enticing apprentice away.-Every person who shall counsel, persuade, entice or assist any apprentice to run away or absent himself from the service of his master, or to rebel against or assault his master, shall forfeit not less than twenty nor more than five hundred dollars, to be used for, and recovered, with costs, by such master, in any court having jurisdiction thereof.

SEC. 4098. For harboring.-Every person who shall entertain, harbor or conceal any apprentice, knowing such apprentice to be a run away, or to have absented himself from the service of his master without leave, shall forfeit one dollar for every day's entertainment, harboring or concealing, to be sued for and recovered, with costs, by such master, in any court having jurisdiction thereof.

SEC. 4099. Apprentices shall not be moved out of the State.-It shall not be lawful for any master to remove an apprentice out of this

State. Whenever any master of an apprentice shall wish to remove out of this State, or to quit his trade or business, he shall appear with his apprentice before the probate court of the proper county, and if the court be satsified the master has done justice to the said apprentice, for the time he has had charge of the same, such court shall have power to discharge such apprentice from the service of such master, and again bind him, if necessary, to some other person.

SEC. 4100. Provisions of this chapter, apply to whom.-The provisions of this chapter shall apply as well to mistresses, female guar. dians, apprentices and wards, respectively, as to masters, male guardians, apprentices and wards.

SEC. 4101. Common law right not affected by this chapter.-Nothing contained in this chapter shall prevent or affect the right of a father, by the common law, to assign or contract for the service of his children for the term of their minority, or any part thereof.

LIENS OF CONTRACTORS, MEN AND LABORERS AGAINST RAILROADS.

SEC. 3200. Lien on railroads for work and labor and materials.All persons who shall do any work or labor in constructing or improving the road bed, rolling stock, station houses, depots, bridges or culverts of any railroad company, incorporated under the laws of this State, or owning or operating a railroad within this State, and all persons who shall furnish ties, fuel, bridges or materials to such railroad company, shall have, for the work done and labor performed, and for the materials furnished, a [lien upon the road bed, station houses, depots, bridges, rolling stock, real estate and improvements of such railroad, upon complying with the provisions hereinafter mentioned; provided, such work and labor is performed, and such materials are furnished, under and in pursuance of a contract with such railroad company, its agents, contractors, sub contractors, lessees, trustees or construction company, organized for the uses and purposes of such railroad company, or having in charge the building, construction or improvement of such railroad or any part thereof.

SEC. 3201. Such lien to have precedence over other incumbrances.— The lien aforesaid shall attach to the buildings, erections, improvements, road-bed and property mentioned, from the date of the com. mencement of such work and labor, or from the time such materials were furnished or delivered, and shall be prior to all mortgages or incumbrances placed upon the property affected by this lien, subsequent to the passage of this article.

SEC. 3202. Lien to be filed with circuit clerk.-It shall be the duty of all persons claiming the benefit of such lien, within ninety days

next after the completion of the work, or after the materials were furnished, to file in the office of the circuit clerk of any county through which said railroad is located, a just and true account of the amount due, after all just credits have been given, which account shall state the amount claimed as due, the general nature of the work, amount of labor performed, or of materials furnished, the dates when the work was done, and when materials were furnished, and the place or places at which said labor and work was performed, or said materials were furnished, the name or names of the parties with whom the contract for said work or furnishing said material was made, and also the name of the railroad against which said lien is intended to apply; and it shall be the duty of all persons claiming said lien, within said ninety days, to serve a copy of the above account on the person or corporation owning or operating or having charge of said road or of the property to which said lien attaches.

SEC. 3203. Clerk to file abstract of lien.-It shall be the duty of the circuit clerk to indorse upon every account the date of its filing and make an abstract thereof, in a book by him to be kept for that purpose, and properly entered and indexed, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, and the name of the railroad against which the lien is filed; and it shall be the duty of circuit clerks in whose office such accounts and liens may be filed, within five days thereafter, to forward to the Secretary of State a true copy of said accounts and liens and judgments rendered thereon by the circuit courts in which the case has been tried.

SEC. 3204. Secretary of State to file lien in his office.-It shall be the duty of the Secretary of State to file in his office such accounts and liens, when received, and to prepare and keep in his office a book in which shall be entered an abstract of all accounts and liens filed as aforesaid, which abstract shall be so arranged and indexed as to show. in a convenient form, the names of all parties claiming liens, the amount claimed by each, the railroad to which same applies, the date of the filing, and if discharged, when the same was done.

SEC. 3205. Actions on liens to be brought in ninety days.-All actions under this article shall be commenced within ninety days after filing the lien, and prosecuted without unnecessary delay to final judg ment; and no lien shall continue to exist, by virtue of the provisions of this article, for more than ninety days after the lien shall be filed, unless, within that time, an action shall be instituted thereon as hereinbefore prescribed.