Execution of Powers. II. APPOINTMENTS IN EXECUTION OF POWERS. 191. By a Wife, of Real Property, by Grant, to Take Effect upon Her Death. date on the day of the brother , merchant, parts, bearing THIS INDENTURE, made this day of 18 between C. B., of wife of A. B., clergyman, party of the first part; D. E., of of the said C. B., party of the second part; and F. G., of party of the third part: WHEREAS, by an indenture in 18 made between the said C. B., by her then name of C. M., of the first part [here proceed to recite the settlement, or other deed, by which the power to appoint was reserved, and any facts on which its execution depends; continuing :] Now THIS INDENTURE WITNESSETH that the said C. B., the party hereto of the first part, by virtue of the power of appointment limited to her in the before-recited instrument, and of all and every other power and authority in that behalf given or reserved, in her vested, or her in any wise thereto enabling, doth limit and appoint all that [etc., describing the real property] to the use of the said F. G., for the term of his natural life, to take effect immediately after the death of the said party of the first part. And the said party of the first part doth, by this [here describe the formalities prescribed by the instrument creating the power, and by law-e.g., thus:] her deed in writing, under seal, and executed and delivered in the presence of one subscribing witness, whose name it is intended shall be written hereon as a witness attesting the same, and by her, the said C. B., to be duly acknowledged according to law, and with the consent of the said party of the second part hereunto, testified by his uniting in the execution of these presents as a party thereto, declare, limit, and appoint the said [trustees] and their successors and heirs, and all other persons seized of the said premises, or any part thereof, to stand seized of the same described real property, herein before limited to the use of the said C. B. as aforesaid, to the use of the said F. G. for and during the term of his natural life, to take effect immediately after the decease of the said party of the first part. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Executed and delivered in the presence of [Signature of witness.] 192. The Same, by Will. C. B. [Seal.] D. E. [Seal.] [Insert in the will-see forms in chapter of WILLS]-And further declare it to be my will as follows-that is to say: Whereas [here recite the settlement or other instrument by which the power to appoint was reserved, and any facts on which its execution depends; continuing :] Now, therefore, I do will, devise, and direct, and by virtue of the power of appointment limited to me in the before-recited instrument, and of all and every other power and authority in that behalf given or reserved, in me vested, or me in anywise thereto Execution of Powers. enabling, do limit and appoint, all that [etc., describing the real property] to the use of the said F. G., for the term of his natural life, to take effect immediately after my death. And I do by this my last will and testament in writing [and under seal], and executed, acknowledged, and published in the presence of two subscribing witnesses, whose names it is intended shall be written hereon as witnesses attesting the same according to law, and with the consent of the said party of the second part, hereunto testified and certified by him by a writing indorsed hereon, under his hand and seal [and duly to be proved or acknowledged according to law], declare, limit, and appoint the said [trustees] and their said successors and heirs, and all other persons seized of the said premises, or any part thereof, to stand seized of the same described real property hereinbefore limited to the use of the said C. B. as aforesaid, to the use of the said F. G., for and during the term of his natural life, to take effect immediately after my decease. 193. Consent, to be Indorsed on the Foregoing(b). To all to whom these presents may come: Know ye, that I, D. E., of brother of C. B., the testator described in, and who executed the within will, do hereby consent to and approve of, and testify and certify my consent and approval to, the appointment declared and limited in the paragraph of said will, according to the terms thereof. IN WITNESS WHEREOF, I have hereunto set my hand [and seal], this day of 18 In presence of [Signature of witness.] D. E. [Seal.] 194. By a Wife, for the Sale of Stocks, under a Power Reserved to Her in a Marriage Settlement. day of 18 9 To all persons to whom these presents shall come, C. B., wife of A. B., of sends greeting: WHEREAS, by indenture tripartite, bearing date the made between the said C. B., by her then name and addition of C. M., of spinster, of the first part, the said A. B. of the second part, and W. M. and J. B. of the third part, it was agreed by the said parties that the said W. M. and J. B., amongst other things, should stand possessed of shares of the capital stock in the Bank of in the said indenture mentioned [to have been transferred on the day of the date thereof, to the said W. M. and J. B. by the said C. B], and all dividends, interest, and profits thereon, in trust for the sole and separate use of the said C. B., free from the interference, control, debts, contracts, and engagements of the said A. B., and in trust, from time to time to pay to, or permit the said C. B., during her lifetime, to enjoy, sell, give away, spend, or dispose of the same, or any part thereof, in like manner to all intents as the said C. B. might have done if she had remained sole and unmarried; and in trust, to transfer the (b) Where the consent of a third person it should be expressed in the appointis required to the execution of a power, ment, or should be indorsed thereon. Execution of Powers. Apprenticeship. same to such person or persons as she, the said C. B., by her last will and testament, or any other writing or writings, under her hand and seal, properly attested, should direct and appoint: NOW KNOW YE, that the said C. B., by virtue and in pursuance of the said powers and limitations, and in pursuance of every other power and author ity in that behalf given or reserved, in her vested, or her in any wise thereto enabling, doth direct and appoint the said W. M. and J. B., as soon as conveniently may be, at the market price, to sell and dispose of shares of the said capital stock, standing in their names as aforesaid; and the moneys arising by such sale, together with the dividends or profits accrued thereon, after deducting the costs and charges of such sale, to pay to her, the said C. B., to her sole and separate use, according to the limitations, trusts, and true intent of the said indenture. of IN WITNESS WHEREOF, I have hereunto set my hand and seal, this In presence of [Signature of witness.] day C. B. [Seal.] 195. Reservation of Power to Revoke and Appoint Anew, which may be Inserted in an Appointment. PROVIDED ALWAYS, nevertheless, that it shall be lawful for the said C. B. at any time during her natural life, whether covert or sole, by any deed or writing under her hand and seal, duly attested by a subscribing witness [or, by her last will and testament, or other writing in nature thereof, duly attested by two subscribing witnesses], according to law, to alter, change, revoke, make null and void, the said use and uses, estate and estates, hereby limited or created, of and in the said property hereinbefore described, or any part thereof; and by the same deed or writing [or, by such last will and testament, or writing in the nature thereof], attested as aforesaid, to create, limit, appoint, or declare any other use or uses, estate or estates, trust or trusts, of and in the same premises, and every or any part thereof, in such manner and form as the said C. B. shall think fit and convenient. CHAPTER VI. APPRENTICES. APPRENTICES are a species of servants, so called from Apprendre, to learn; and the term is usually taken to mean a minor, bound for a term of years, or until he attains majority, by indenture or sealed contract, to serve a master, by whom he is to be both maintained and instructed. In general, and without any statute regulation, a contract of service made by a minor will not be held valid unless, in the particular case, it appears, in its terms and in the circumstances under which it was made, to be reasonable and General Principles. beneficial to the minor.(c) But a father, who is entitled to the services of his minor son, and for whom he is obliged to provide, may assign those services to others, for a consideration to enure to himself, and may contract that his minor son shall labor in the service and employment of others for any term which does not exceed the period of the child's emancipation from the father, which may take place as well on the father's death as on the son's arriving at the age of twenty-one years. The Statute. This subject was regulated in England by a statute enacted in the time of Queen Elizabeth, (d) which prescribed the modes in which such contracts should be made, and declared all contracts by which minors should be bound in service to be illegal, unless made pursuant to the statute. This statute has been in part adopted in most of the States in this country as the basis of a system of apprenticeship, the general features of which are, that a minor, with the consent of his father,-or, if the father is dead or incapacitated to act, or has abandoned the family, the consent of the mother; or, if she cannot act or refuses, that of the guardian; or, if there is no guardian, that of certain magistrates designated by statute,-may be bound to service, by writing, to a master, who shall by the contract undertake to maintain the apprentice, and to teach him his trade. Various special provisions for the security of either party are made by different statutes in the different States." Unless the statute declares other contracts than those so made to be void, others may be valid also, but if broken can only be enforced by action at law; whereas contracts made pursuant to the statute may be summarily and specifically enforced, by either party, by an application to the proper magistrate, who may punish a refractory or unfaithful apprentice or an unjust master; and in proper cases may discharge the apprentice, and compel the master to refund any money he received with him. The following forms are appropriate to the provisions of law in the State of New York, and may easily be modified by the practitioner, to conform to the statute provisions of his own State. As to the necessity of an internal revenue stamp upon these instruments, see the chapter on STAMPS. 1. THE CONTRACT OF APPRENTICESHIP. 196. Indenture with consent of father 197. Indenture with consent of mother. 198. Consent of father or mother..... 199. Justice's certificate, where the consent is by the mother PAGE 88 89 89 89 200. Indenture with consent of guardian...... 89 201. Consent of guardian, where parent's consent is not given.. 90 90 208. Consent of magistrates, where parent's or guardian's consent is not given..... 90 204. Agreement by the father, to answer for the fidelity of the apprentice: to be indorsed on the indenture.... 90 209. Master's complaint touching misdemeanor or ill-behavior of apprentice... 92 210. Warrant on the foregoing complaint. 211. Commitment of apprentice for misdemeanor or ill-behavior...... (c) Nickerson v. Easton, 12 Pick., 110. (d) 5 Eliz., ch. 4, § 41. 92 92 Indentures of Apprenticeship. 212. Discharge of apprentice from service, and of the master from his obligations 213. Complaint by apprentice.... 214. Summons on the foregoing complaint... 215. Discharge of the apprentice on the foregoing complaint I. THE CONTRACT OF APPRENTICESHIP. 196. Indenture with Consent of Father. THIS INDENTURE, made this day of of the town of aged PAGE 92 93 93 93 18 ; witnesseth: That C. B., and State of now father, hereon indorsed,* himself [or, herself] to and State of in the in the county of years, (a) with the consent of A. B., his does hereby, of his [or, her] own free will, bind serve Y. Z., of the town of in the county of as apprentice [or, clerk, or, servant] in the trade of a blacksmith [or other trade, profession, or employment, according to the fact], and to learn the said trade, profession, or employment, until the said C. B. shall have attained the age of twenty-one years, which will be on the day of year 18 [or, for the term of years from this date], during all which time the said apprentice shall serve the said master faithfully, honestly, and industriously, his secrets keep, and lawful commands everywhere readily obey; at all times protect and preserve the goods and property of the said master, and not suffer or allow any to be injured or wasted. He [or, she] shall not buy, sell, or traffic with his own goods or the goods of others, nor be absent from the said master's service, day or night, without leave; but in all things behave as a faithful apprentice ought to do, during the said term. And the said master shall clothe and provide for the said apprentice in sickness and in health, and supply him [or, her] with suitable food and clothing; and shall use and employ the utmost of his endeavors to teach, or cause the said apprentice to be taught or instructed in, the art, trade, or mystery of [stating trade, etc., as above]; and also cause the said apprentice, within such term, to be instructed to read and write [and, if a male, add: and in the general rules of arithmetic]; and at the expiration of the service, give the said apprentice a new Bible.(b) [If money is paid with the apprentice, insert here:] And the said Y. Z. acknowledges that he has received, with the said C. B., from the said A. B. [naming the father or mother], the sum of dollars, as a compensation for his instruction, as above mentioned. (c) Or, if wages are to be paid for the service of the apprentice, insert:] And the said Y. Z. further agrees to pay to the said C. B. the following sums of money-viz., for the first year of his service, dollars; for the second (a) The statute of New York requires the age to be stated, and makes the statement sufficient evidence on the point (2 Rev. Stat., 155, §8); but it is only primafacie evidence, and it may be contradicted by proof of the true age. Drew v. Peckwell, 1 E. D. Smith, 408; Matter of Brennan, 1 Sandf., 711. (b) The provision, as to instruction and giving the Bible, is required by the statute in case of children bound out by officers of the poor. 1 Rev. Stat., 155, § 10. (c) If money is paid or agreed for, the sum must be mentioned in the indentures. 2 Rev. Stat., 155, § 9. |