Guardian's discharge. Insane persons. S 138. A guardian appointed by a court is not entitled to his discharge until one year after the ward's majority. Matter of Van Horne, 7 Paige, 46. $139. A person of unsound mind may be placed in an asylum for such persons, upon the order of the county judge of the county in which he resides, as follows: 1. The judge must be satisfied, by the oath of two reputable physicians, that such person is of unsound mind, and unfit to be at large; 2. Before granting the order, the judge must examine the person himself, or if that is impracticable, cause him to be examined by an impartial person; 3. After the order is granted, the person alleged to be of unsound mind, his or her husband or wife, or relative to the third degree, may demand an investigation before a jury, which must be conducted in all respects as under an inquisition of lunacy. This section, which is new, is designed to remedy the present loose and dangerous state of the law which allows a commitment for lunacy without judicial intervention. TITLE IV. MASTER AND SERVANT. SECTION 140. Who may bind themselves as apprentices. 141. Who to consent to such binding. 142. Parent or guardian, when liable for breach of indenture. 143. Pauper children may be bound to service. 144. Special provision as to Indian children. 145. Age of infants to be inserted in indentures. 146. Pecuniary consideration to be inserted. 147. Special agreement to be inserted in certain cases. 148. Certain indentures, where to be filed. 149, 150. Indentures by foreigners, being minors. 151. How assigned, 152. Indentures, when invalid. 153. County superintendents and overseers to be guardians of servants. 154. Penalty on apprentices absenting themselves from service 156, 157. When the executor or administrator of a deceased 158. Assignment by court. $140. Male minors, and unmarried females under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may bind themselves, by a writing called an indenture, as fully as if they were of age, to serve as clerks, apprentices or servants in a particular calling, until majority (except in the case of females, who cannot bind themselves further than until the age of eighteen), or for any shorter time. 2 R. S., 154, § 1. Who may selves as ap bind them prentices. consent to such bind. ing. $141. Consent to an indenture of apprenticeship Who to must be given by a certificate at the end thereof, or indorsed thereon, signed: 1. By the father and mother of the apprentice; 2. If the father lacks capacity to consent, or has abandoned or neglected to provide for the family, or is dead, and no testamentary guardian or executor has been appointed by him, with power under the will to bring up the child to a calling, and a certificate of such fact is indorsed on the indenture by a justice of the peace of the town, then by the mother; 3. If the father is dead, and such guardian or executor has been appointed by him, then by such guardian or executor; 4. If the mother is dead, or lacks capacity to consent, then by the father; 5. If there is no parent of capacity to consent, and no such executor, then by the guardian; or, 6. If there is no such parent, executor or guardian, then by the officers of the poor of the town or county, Parent or guardian, when liable for breach of inden ture. Pauper children may be bound to service. Special pro vision as to dren. or by any two justices of the peace of the town, or by the county judge. 2 R. S., 154, §§ 2, 3, 4. Modified in accordance with Laws 1862, 345, ch. 172, § 6. $142. A parent, executor or guardian, consenting to an indenture, is not liable for a breach thereof by the apprentice, unless the indenture or consent expresses an intention to bind him therefor. Ackley v. Hoskins, 14 Johns., 374; Blunt v. Melcher, 2 S 143. Any child who is chargeable, or whose parents are chargeable, to a county, town, or city poor house, or who is in such poor house, may be bound to service until attaining twenty-one years, or if a female, until attaining eighteen years, by the officers of the poor of such county, town or city, as effectually as by the child himself with the parents' consent; but such binding, by the officers of a town. or city, must be with the consent, in writing, of two justices of the peace of the town, or of the mayor, recorder and aldermen of the city, or any two of them. 2 R. S., 155, § 6. S 144. No child of an Indian woman can be bound, Indian chil- under this Title, except in the presence, and with the consent of a justice of the peace; and his certificate of consent must be filed with the clerk of the town where the indenture is executed. Age of in fants to be inserted in 2 R. S., 155, § 7. S 145. In every indenture of apprenticeship the indentures. age of the apprentice must be stated, and such statement is presumptive evidence thereof; and before an officer executes an indenture, or consents thereto, he must inform himself of the age of the apprentice. 2 R. S., 155, § 8. The statement of the age in the indenture may be contradicted by proof (Drew v. Peckwell, 1 E. D. Smith, 408; Banks v. Metcalfe, 1 Wheel Cr. Cas., 381; Matter of Brennan, 1 Sandf., 711). considera $146. If there is any pecuniary consideration for Pecuniary an indenture of apprenticeship on either part, it must tion to be be stated therein. inserted. 2 R. S., 155, § 9. agreement to be incertain serted in S147. The indenture of an apprentice, executed Special by officers of the poor, must bind the master to cause him to be taught reading, writing, and the general rules of arithmetic, and to give him a new bible at the expiration of his term of service. 2 R. S., 155, § 10; slightly modified. $148. Every officer executing an indenture of apprenticeship must file a counterpart thereof with the clerk of the county, town or city of which he is an officer. 2 R. S., 155, § 11. $149. An immigrant minor may bind himself to service, until he attains majority, or for a shorter term, in such manner as may be prescribed by the law of the country in which the contract is made. If the indenture is made for the purpose of enabling him to pay his passage to this country, it may be for the term of one year, although such term extends beyond his majority; but in no case for a longer term. cases. Certain inwhere to be dentures, deposited. Indentures ers, being by foreign minors. $150. Every indenture under section 149 must be 18. acknowledged by the minor on a private examination before a mayor, recorder, or alderman of a city, or a justice of the peace, and a certificate of the acknowledgment must be indorsed upon the indenture. 2 R. S., 156, §§ 12, 13. signed. $151. The master, under an indenture specified in How as section 149, may assign it, by writing indorsed thereon, and with the approval, also indorsed, of a magistrate mentioned in section 150. 2 R. S., 156, § 14. The requirement of two witnesses Indentures, when invalid. County superíntendents and overseers to be guardians of servants. Penalty on apprentices absenting from ser vice. $152. No indenture or contract for the service of an apprentice is binding upon him, unless made as herein before prescribed. 2 R. S., 158, § 26. $153. The county superintendents of the poor, and the overseers of the poor of cities and towns, must see that every apprentice or other servant in their respective counties, cities or towns, is properly treated, and that the terms of the contract are fulfilled in his favor; and it is their duty to redress any grievance of such persons in the manner prescribed by law. 2 R. S., 158, § 27. $154. If an apprentice, for whose instruction the themselves master receives no pecuniary compensation, willfully absents himself from service without leave, he may be compelled to serve double the time of such absence, unless he makes satisfaction for the injury; but such additional term of service cannot extend more than three years beyond the original term. 2 R. S., 158, § 28. No servant or apprentice bound by any re striction as $155. No person may accept from an apprentice or servant, an agreement, oath or promise not to to time and exercise his vocation in any particular place; nor may any person exact from an apprentice or servant, any consideration for exercising his vocation in any place after his term of service has expired. place where he shall work when free. Penalty. When the executor or $156. Any consideration exacted contrary to the last section, may be recovered back with interest, and every person accepting such agreement or exacting such consideration, is liable to the apprentice or servant in a penalty of one hundred dollars. 2 R. S., 160, $$ 39, 40. $157. The executors or administrators of the masadministra ter of any apprentice bound by officers of the poor, ceased mas- may assign the indenture, with the written consent tor of a de |