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AND for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, (d) each unto the other, firmly by these presents.

IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals, the day and year first above written.

[Signature and seal of apprentice.] [Signature and seal of master.]

197. Indenture with Consent of Mother.

THIS INDENTURE, made this

C. B., of the town of now aged

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years, with the consent of A. B., his mother, his father having abandoned and neglected to provide for his family [or, being dead, or, being insane and not in a legal capacity to give his consent], as hereon certified by a justice of the peace of the said town, said consent being also indorsed hereon [Thence continue as in the preceding form from the *].

198. Consent of Father or Mother.

I do hereby consent to, and approve of, the binding of my son [or, daughter], C. B., as in the above [or, within] indenture mentioned. Dated the day of

, in the year 18

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[Signature.]

199. Justice's Certificate, Where the Consent is by the Mother.

I, J. K., a justice of the peace of the town of

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in the county of

do certify that A. B., the father of the infant named in the within indenture, is dead [or, is not in legal capacity to give his consent thereto; or, has abandoned and neglects to provide for his family]. Dated the. day of [Signature] Justice of the peace.

18

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200. Indenture With Consent of Guardian.

THIS INDENTURE, made this day of

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18 witnesseth That C. B.,

and State of

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of the town of in the county of with the consent of M. N., his duly-appointed guardian, his father and mother being dead [or, his father being dead and his mother refusing her consent; or, not being in legal capacity to give consent], as appears by such consent hereon indorsed [Thence continue as in Form 196 from the* to the end].

(d) The father or guardian may render as above to his consent indorsed, and by himself personally liable for the fidelity his signing and sealing, with the master of the apprentice, by being designated as and apprentice. a party to be bound, instead of referring

Indentures of Apprenticeship.

201. Consent of Guardian, Where Parents' Consent is Not Given.

I, M. N., the duly appointed guardian of C. B., the infant in the within indenture named, do certify that the father and mother of the said C. B. are dead [or, that the father of the said C. B. is dead, and that the mother of the said C. B. refuses her consent to the said indenture of apprenticeship; or, is not in legal capacity to give her consent to the said indenture of apprenticeship]; and that I do hereby, as his guardian, consent to, and approve of, the binding of the said C. B. in and by the said indenture.

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the consent of the overseers of the poor of said town [or, of two justices of the peace of said town; or, of J. K., the county judge of said county], hereon indorsed [Thence continue as in Form 196 from the * to the end.]

203. Consent of Magistrate, Where Parents' or Guardian's Consent is Not Given.

We, the undersigned, overseers of the poor of the town of [or, two justices of the peace of the town of ; or, I, the undersigned, county judge of county], where the within-named C. B. resides, do certify that the said C. B. has no parent living [or, no parent in legal capacity to give consent to the within indenture; or, no father living, and his mother is not in legal capacity to give consent to the within indenture; or vice versa], and that he has no guardian; and that we, the said overseers [or, justices; or, I, the said county judge] do hereby consent that the said C. B. may bind himself [or, herself] by the said indentures.

[Signatures and titles.]

204. Agreement by the Father to Answer for the Fidelity of the Apprentice, to be Indorsed on the Indenture.

In consideration of the covenants and agreements to be performed by Y. Z. to and with my son, C. B., specified and contained in the within indenture, and in consideration of $1 to me in hand paid, I do hereby bind myself to the said Y. Z. for the true and faithful performance and observance by the said C. B. of all the matters and things by him covenanted and agreed to be performed and observed in and by the said indenture [and that he shall well and truly serve the said Y. Z.](e)

IN WITNESS WHEREOF, I have hereunto set my hand and seal, the

day

of

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(e) As to the effect of inserting such a clause as this last, see chapter of BONDS, infra.

Complaint against Apprentice.

II. PROCEEDINGS ON A VIOLATION OF THE CONTRACT.

205. Master's Complaint Against Apprentice for Refusing to Serve.

To J. K., a justice of the peace of the county of

corder, or, alderman of the city of

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[or, mayor, or, re

I, Y. Z., of the town of in said county, blacksmith, hereby make complaint to you that C. B., an apprentice lawfully bound to serve me, whose term of service is still unexpired, and with whom I have not received, nor am I entitled to receive, any sum of money as a compensation for his instruction, refuses to serve according to the law and the terms of his indenture; WHEREFORE, I apply for a warrant against him, pursuant to the statute. Dated the day of

*

COUNTY OF

18 .

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[Signature.]

Y. Z., above named, being duly sworn, says that the facts and circunstances stated and set forth in the above complaint are true.

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WHEREAS, Complaint has been made to me, J. K., one of the justices of the peace of said county [or other magistrate], upon the oath of Y. Z., of in said county [or, city], blacksmith, that C. B., an apprentice lawfully bound to serve the said Y. Z., whose term of service is still unexpired, and with whom the said Y. Z. has not received, nor is entitled to receive, any sum of money as a compensation for his instruction, * refuses to serve the said Y. Z., as by law and the terms of his indenture of apprenticeship he is required. † Now, THEREFORE, you are hereby commanded forthwith to apprehend the said C. B., and bring him before me, at my office in to answer to the said Y. Z., and be dealt with according to law. GIVEN under my hand, this day of

18

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[Signature and title of magistrate.]

208. Commitment of Apprentice Refusing to Serve.

[As in preceding form to the t, thence continuing thus:] And the said C. B., by virtue of my warrant thereupon issued, has been brought before me, to be dealt with according to law; and whereas, after due proof before me of the facts as above stated and set forth, the said C. B. still persists in such refusal to serve the said Y. Z. Now, THEREFORE, you are hereby commanded, in the name of the People of the State of New York, to take and convey the said C. B. to the common jail of said county, and deliver him to the keeper thereof, who is commanded to receive the said C. B. into the said

Commitment of Apprentice.

common jail, there to remain until he shall consent to serve the said Y. Z. according to law.

GIVEN [etc., as in the preceding form].

209. Master's Complaint Touching Misdemeanor or Ill-behavior of

Apprentice.

[As in Form 205 to the *, except that it is to be addressed to two such magistrates; thence continuing thus:] has been guilty of misdemeanors and ill-behavior towards me, the said Y. Z., as follows, viz., [here set forth the particulars]; WHEREFORE, I apply for a warrant against him, pursuant to the

statute.

[Date.]

[Add Verification, as in Form 206.]

210. Warrant on the Foregoing Complaint.

[Signature.]

[As in Form 207 to the *, except using the word "us," and naming two magistrates; thence continuing thus:] has been guilty of misdemeanors and ill-behavior towards me, the said Y. Z., as follows, viz., [Set forth the particulars, as in the complaint.] Now, THEREFORE, you are hereby commanded forthwith to apprehend the said C. B., and bring him before us, at the office of G. H., in the town of that we may hear, examine into, and determine the said complaint, and deal with the said C. B. according to law.

GIVEN under our hands, this

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211. Commitment of Apprentice for Misdemeanor or Ill-behavior. [As in Form 207 to the *, except using the word “us,” and naming two magistrates; thence continuing thus:] has been guilty of misdemeanors and ill behavior towards him, the said Y. Z., as follows, viz. [as in the complaint]: and the said C. B., by virtue of our warrant thereupon issued, has been brought before us, and upon due examination of the proofs and allegations of the parties, it satisfactorily appears to us that the complaint is well founded, and that the said C. B. is guilty of the premises charged against him as aforesaid. Now, THEREFORE, you are hereby commanded, in the name of the People of the State of New York, to take and convey the said C. B. to the common jail of said county, and deliver him to the keeper thereof, who is commanded to receive the said C. B. into the said common jail, there to remain in solitary confinement, and to be employed at hard labor, for the term of [any term not exceeding one month]. GIVEN [etc., as in Form 210].

212. Discharge of the Apprentice from Service, and of the Master from His Obligations.

[As in Form 207 to the*, except using the word "us," and naming two magistrates; thence continuing thus:] has been guilty of misdemeanors

Complaint against Master.

and ill-behavior towards him, the said Y. Z., as follows, viz. [as in the complaint]: and the said C. B., by virtue of our warrant thereupon issued, has been brought before us; and, upon due examination of the proofs and allegations of the parties, it satisfactorily appears to us that said complaint is well founded, and the said C. B. is guilty of the premises charged against him as aforesaid. Now, THEREFORE, we do hereby discharge the said C. B. from the service of the said Y. Z., and the said Y. Z. from all and every of his obligations incurred under and by virtue of the indentures of apprenticeship of the said C. B.

GIVEN [etc., as in Form 210.]

213. Complaint by Apprentice.

To J. K. and L. M., two of the justices of the peace of the county of

[or other two magistrates]:

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I, C. B., apprentice to Y. Z., of the town of in said county, blacksmith, hereby complain to you, that the said Y. Z., to whom I am lawfully bound by indentures of apprenticeship, the term of service in which hath not yet expired, and who has not received, nor is entitled to receive, any sum of money as a compensation for my instruction, has cruelly beat, bruised, and wounded me, the said C. B., being his apprentice as aforesaid [or, has misused and ill-treated me, the said C. B., being his apprentice as aforesaid, by refusing to furnish me with necessary provisions and clothing, or other violation]; to wit, at , aforesaid, on the day of 18 ; wherefore, I apply to have the said Y. Z. summoned before you, pursuant to the statute.

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WHEREAS, Complaint has been made to us, the undersigned, justices of the peace in and for the said county, upon the oath of C. B., apprentice of Y. Z., of in said county, blacksmith, that the said Y. Z., to whom the said C. B. is lawfully bound by indentures of apprenticeship, the term of service in which has not yet expired, and who has not received, nor is entitled to receive, any sum of money as a compensation for the instruction of the said C. B., has [here state the charge in the complaint].* Now, THEREFORE, you are hereby commanded to summon the said Y. Z. and C. B. to appear before us, at the office of G. H., in the town of

day of

instant, at o'clock in the

on the
may hear, examine, and determine the said complaint.

GIVEN [etc., as in Form 210].

noon, that we

215. Discharge of the Apprentice on the Foregoing Complaint.

[As in the preceding form to the*, continuing thus:] And the said Y. Z by virtue of our summons thereupon issued, has been brought before us,

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