| 1786.
CHAP.
XLIII. |
LAWS of MARYLAND.
art or trade, and in all cases to supply comfortable and suitable cloathing
and
maintenance; and the said justices shall have the like power to bind
out the children
of persons so extremely poor, that such children suffer want, and also
the
children of beggars or pensioners, and also illegitimate children,
and the children
of persons out of this state, where sufficient sustenance is not afforded,
in like
manner, and on the like terms; provided, where any child shall be bound
out,
summons shall issue for the mother, if living and in the county, and
if she appears,
her inclination, as far as is reasonable, shall be consulted as to the
choice
of the master or mistress to whom the child shall be bound; and where female
children are bound out to married men, as the qualities of their wives
make a
leading motive for such preference, and the care of the wives benefit
chiefly the
girls, such apprentice girls shall serve out the residue of their time
with the widow
on the death of the husband, and the widow shall make good the terms
on
the part of the master, unless she carries the apprentice to court
in a reasonable
time, and delivers her up; and any one or two justices may take children
who
are destitute, and suffer for the want of support, or the children
of beggars, and
place them in the care of proper persons till their next county court,
when they
shall be put out apprentices as aforesaid; provided always, that where
any child
shall be before the court for the purpose of being bound out, that if any
relation,
or other person, will give good and sufficient security in fifty pounds,
for the due
and comfortable maintenance of such child, and providing sufficient and
proper
cloathing for him or her till of age, as aforesaid, and also for the reasonable
schooling of such child, the court shall not proceed to bind such child
apprentice. |
Father may
bind his
child, &c. |
III. And be
it enacted, That any father may bind out his child apprentice on
reasonable terms, for any time not longer than till the full age of such
child,
that is to say, boys to twenty-one, and girls to sixteen years of age. |
|
IV. And,
whereas apprentices contracts are often drawn very inartificially, and
sometimes rest only in parole, and notwithstanding the proper execution
thereof
on the part of the masters, greatly to the benefit of the apprentices,
such youths
are persuaded away from service at a time of life they most need government,
and
before they are perfected in the art of their trades; and lately many apprentices
have run away before the time of their apprenticeship hath expired, much
to the
injury of masters, and to the great discouragement of taking and instructing
others; Be it enacted, That the justices
of the county courts, on the petition
of any master, or apprentice legally bound to serve, or any apprentice
de facto,
may inquire into, hear and determine, the contract or agreement made
by or
with the court, the apprentice, his father, mother, or any other near relation,
and may discharge such apprentice for the ill behaviour of his master,
or because
of imposition or the hardness and unreasonableness of the terms, or may
discharge
the master from his contract because of an incorrigible temper, or for
a
cause of ill behaviour of the apprentice, or in case the contract, whether
defective
or not, hath been partly executed, may award and compel the terms, or any
part of the terms, of the master or apprentice, to be performed as justice
and
equity may require; and the master of any apprentice de facto may
detain him
in service till discharged by the county court, and may maintain any such
action
against strangers as if such apprentice had been legally bound to serve;
and if
any apprentice legally bound to serve, or apprentice de facto, shall
run away from
his master, any county court may, in the time for which he is to serve,
or at
any time within three years thereafter, award such compensation to be made
by
such apprentice to his master, by serviced or payment of money, as justice
and
equity may require, and may enforce payment of the money awarded by attachment
of contempt against his person, or fieri facias against his goods. |
Apprentices
not to be carried
out of the
state, &c. |
V. And be it
enacted, That no master shall carry his apprentice bound within
this state out of the same; and any justice of the peace, on being credibly
informed,
that any master designs to carry or remove his apprentice out of this
state, may require and take a recognizance of such master, with reasonable
and
proper security, to be forfeited in case he shall directly or indirectly
carry or remove
such apprentice out of this state, and on such master's refusal to enter
into |
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