within sixty days after judgment, and the party appellant first pays or tenders payment to the officer making such levy, of all legal fees which shall have accrued on said levy. P. G. L., (1860,) art. 5, sec. 58. 1849, ch. 78, sec. 1. 91. If the justice of the peace rendering any judgment appealed from, goes out of office, by death or otherwise, before an appeal bond has been executed by the party appealing, such appeal bond may be executed before any other justice in the same county or city, and such bond shall have the same effect as if executed before the justice rendering the judgment appealed from. 1867, ch. 164. 92. Before any of the circuit courts of this State, or the Baltimore city court, shall proceed to hear or try cases brought to their respective courts, by appeal from the judgments of justices of the peace, they shall first be satisfied that all costs incurred on the judgment and proceedings before the justice aforesaid, have been paid by the appellant. B. & O. R. R. Co. v. Waltemeyer, 47 Md. 328. 1870, ch. 56. 93. Where any judgment of a justice of the peace, imposing any fine or penalty for the violation of any law or ordinance, shall be affirmed upon appeal, the court to which such appeal is taken shall have the power to commit the defendant or appellant in case of non-payment of such fine or penalty and costs; provided, that no person shall be imprisoned under this section for a longer period than thirty days for any one offence. Amendment on Appeal from Justices of the Peace. 94. All civil actions and civil proceedings, including the writ, summons, docket entries and the names of the parties, on appeal from a justice of the peace, before a circuit court for any county or the Baltimore city court, may be amended so as to bring said action to trial on its merits, in the same manner and to the same extent as now allowed in cases originating in courts of law; and amendments in any of the said courts shall be allowed and made in the discretion of said court, as if said actions, writs and proceedings had originated therein. 1884, ch. 416. 95. In all cases of amendment of actions and proceedings at law, under the preceding section, the allowance of continuances and of costs shall be in the discretion of the court, as the case may be, so as to accomplish the ends of justice. ARTICLE VI. APPRENTICES. 1. Jurisdiction of orphans' court. 17. Trustees of the poor may also bind. 2. Appeal to circuit court or superior 18. Trustees to file indenture with regcourt. ister of wills. 3. When orphans' court may fine 19. Trustees may cite pauper or vagrant children before them. master. 4. May discharge apprentice and bind 20. Father may bind out his children. him to new master. 21. Manufacturers or mechanics may 5. May release master. take apprentices. 9. Apprentice not to be taken out of 22. Children of female convicts, how State. bound. 7. Cruel treatment of apprentice, 23. Apprentices in country to perform work in harvest. remedy for. 8. Payment by master of fine im- 24. Enticing apprentices, penalty and posed upon apprentice. 9. Replevin by master for apprentice. 25. 10. Court may bind orphan children. 11. Also, children of pauper parents. 12. Parents to be summoned. damages for. Court may compel master and apprentice to keep terms of apprenticeship. 26. Absconding apprentices. 13. When court shall not bind chil- 27. Authority of widow of master. 16. Two justices of the peace may also 30. Valuation of unexpired term. bind. When and how made. 1842, ch. 25. 1847, ch. 163. P. G. L., (1860,) art. 6, sec. 1. 1. The orphans' court may hear and determine all matters in dispute between masters and apprentices; may grant releases to apprentices; may re-bind apprentices that may be released for cause or otherwise, and shall have jurisdiction in all matters pertaining to masters and apprentices. Lammott v. Maulsby, 8 Md. 5. P. G. L., (1860,) art. 6, sec. 2. 1842, ch. 25. 1847, ch. 163. 2. Either party feeling himself aggrieved by the decision or judgment of the orphans' court under the provisions of the preceding section, may appeal to the circuit court for the county, or superior court of Baltimore city; provided, such appeal be made within thirty days after the decision or judgment of the orphans' court. Ibid. sec. 3. 1793, ch. 45. 3. If it shall appear to the court that the contract has been violated on the part of the master or mistress, or that the complaint of such apprentice is well founded, the court may proceed to fine the said master or mistress according to the offence, a sum not exceeding twenty-five dollars for the first offence; and for the second offence, any sum not exceeding fifty dollars. Ibid. sec. 4. 1793, ch. 45. 4. The orphans' court may, in their discretion, discharge any apprentice because of imposition, or of the ill behavior of the master or mistress, or of the hardness or unreasonableness of the terms of the contract, and shall provide such apprentice a new master, of the same trade or occupation as the first; and if the original contract was hard and unreasonable, such new contract shall be made as the court shall direct; and such new master shall be bound to do and perform the contract in the same manner that the original master ought to have done, and shall also pay unto the original master such sum of money as shall be adjudged reasonable by any two or three persons of the same trade or occupation, to be appointed by the court. Ibid. sec. 5. 1793, ch. 45. 5. Upon petition of any master or mistress, the orphans' court may discharge him or her from his or her contract, because of an incorrigible temper, or of the ill behavior of an apprentice. Ibid. sec. 6. 1793, ch. 45. 6. No master or mistress of an apprentice bound within this State, shall send or carry his or her said apprentice out of the State. Any justice of the peace, on being credibly informed, or having from his own observation good reason to suspect, that any master or mistress designs to carry or remove his or her apprentice out of this State, (except mariners,) shall require and take recognizance of such master or mistress, with reasonable and proper security, to be forfeited in case he or she shall directly or indirectly remove or carry such apprentice out of this State.. And on such master or mistress' refusal to enter into recognizance, with security as aforesaid, such justice shall discharge such apprentice from his or her master, and provide another master as heretofore directed by this article. P. G. L., (1860,) art. 6, sec. 7. 1793, ch. 45. 7. If any judge or justice of the peace shall be informed, or shall know from his own observation, of any cruel or improper usage from any master or mistress to his or her apprentice, he may require and take a recognizance of such master or mistress, with reasonable and proper security, to be forfeited in case the said master or mistress shall not appear at the orphans' court of the county or city on a day to be therein named, to answer and abide the determination of the said court upon any complaint that may be exhibited by such apprentice; or in default thereof, may take away such apprentice from his master or mistress, and place the said apprentice so cruelly used, under the care of some other person, who shall be bound to have the apprentice before the next circuit court or criminal court, to abide such determination as shall be made. Ibid. sec. 8. 1793, ch. 45. 8. If any apprentice shall be convicted of any offence in consequence of which judgment shall be entered against him for any fine or penalty and costs, the court by which such judgment shall be rendered shall adjudge and enter on their records the time for which such apprentice shall serve his master or mistress after the expiration of his apprenticeship, in case the master or mistress will pay the fine or penalty and costs; and if the said master or mistress pay the said fine or penalty and costs, the said apprentice shall be obliged to serve during the time adjudged by the said court. P. G. L. (1860,) art. 6, sec. 9. 1825, ch. 65. 9. In all cases where an apprentice hath been taken from, or detained against the will or consent of his master or mistress, the master or mistress may recover possession of such apprentice by action of replevin, as the owner of a chattel may recover possession thereof. Ibid. sec. 10. 1793, ch. 45. 10. The orphans' courts in the several counties and the city of Baltimore, may bind out as an apprentice to some manufacturer, mechanic, mariner, handicraftsman, or other person, at their discretion, any orphan child, the increase or profits of whose estate (whether real or personal) is not sufficient for the maintenance, support or education of such orphan. Ibid. sec. 11. 1793, ch. 45. 11. The said courts may also bind out as apprentices such children as are suffering through the extreme indigence or poverty of their parents, the children of beggars, illegitimate children, and the children of persons out of the State to whom sufficient sustenance is not afforded. Ibid. sec. 12. 1793, ch. 45. 12. When any child is about to be bound out, the parent or parents of such child (if living in the county) shall be summoned to appear before the court, and the inclination of the said parents, so far as is reasonable, shall be consulted in the choice of the person to whom the said child shall be bound. Ibid. sec 13. 1793, ch. 45. 13. When any child shall be brought before the court for the purpose of being bound out as an apprentice, if any relation or other person will, with good and sufficient security, enter into bond in the penalty of two hundred and fifty dollars for the due and comfortable maintenance, and for the providing sufficient and proper clothing for such child till of age, as hereinafter mentioned, and also for the reasonable schooling and education of such child, then the court shall not proceed to bind out such child. Johnson e. Brannaman, 10 Md. 496. |