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and all legal demands against the ward, although the same may not be then due, may be filed, and shall be entitled to a div. idend, allowing interest for the anticipated payment, in the same manner as other demands actually due.
Sec. 16. Courts of probate are authorized in the settlement of the accounts of any guardian by them appointed, to make all reasonable allowances for such sums as the guardian from time to time shall have paid for the comfortable support of his ward, and family if any there be, and also a reasonable compensation to the guardian aforesaid for his services under this act.
Sec. 17. It shall be the duty of guardians of minors to take special charge of their education ; and it shall also be the duty of the guardians of idiots, lunatics, persons non compos, and persons adjudged to be incapable of managing their own estates, to take the like charge of the education of the children of such persons, unless guardians shall be especially appointed for such children; and the estates of such persons, and also the estates of minors, shall be liable for the education of such minors and children aforesaid, in the same manner as for their support and maintenance, and may be disposed of accordingly.
Sec. 18. In case where a guardian of the property only is appointed, the property of the minor in the hands of the guardian shall not be chargeable with any debt against such minor contracted during the life of his father, if such father shall, in the opinion of the court of probate, be of sufficient ability to maintain such minor; and in case any part of the property of such minor is deemed necessary as aforesaid for his support or education, the same shall be paid out by the guardian for that purpose, under the advice and direction of the court of probate.
Sec. 19. Every person authorized by law to make a will, shall have a right to appoint by his will a guardian or guardians for his children during their minority; and every guardian so appointed shall, before he proceed to act as such, give bond with sufficient sureties, and be accountable in the same manner as if he had been appointed by the court of probate, unless the testator shall otherwise specially provide in his will.
An Act to secure to Masters and Apprentices and Minor Ser
vants, bounden by deed, their mutual privileges.
SECTION 1. Minors may be bound as apprentices. 4. Apprentice absconding or neglecting
or servantsfemales to the age of his duty, to be apprehended on a juseighteen years or marriage, and males tice's warrant and returned to his to the age of twenty-one years, by fa- master, or committed to jail. ther, and in certain cases by mother, 5. Master may complain to court of comby guardian, or by themselves.
mon pleas against an apprentice guil2. Binding to be by indenture, and all ty of gross misbehaviour, and be dis
considerations allowed by the master charged from his contract, after noto be for sole use of the minor.
tice to the apprentice and others cov3. Parents and others binding out mi- enanting in his behalf.
nors, to protect them from ill usage- 6. Indenture of apprenticeship void on court of common pleas may discharge the death of the master,
minors bound, in case of ill usage. It is enacted by the General Assembly, as follows:
SECTION 1. Every minor, within the age of twenty-one years, may be bounden by deed, as a servant and apprentice, by his father, and in case of his decease, by his mother, when sole, or being within the age of fourteen years, by his guardian legally appointed; and if fourteen years of age and having no such parent, may of his voluntary accord, with the approbation of his guardian, or in case of no such guardian, by and with the approbation of the town council of the town where such minor belongs or resides, bind himself by deed, as an apprentice or servant; females to the age of eighteen years or to the time of their marriage within that age, and males to the age of twenty-one years.
Sec. 2. In every case there shall be two deeds of the same form and tenor executed by both parties, one to be kept by each ; and all considerations which shall be allowed by the master in any contract of service or apprenticeship shall be secured to the sole use of the minor thereby engaged; and all contracts that shall be made by any parent or guardian, or by any for him pursuant to this act, shall be good and effectual in law against all parties, and the minor thereby engaged, according to the tenor thereof.
Sec. 3. It shall be the right and duty of all parents and guardians, and of town councils for the time being, where the town council shall give their approbation as aforesaid, binding minors as aforesaid, to enquire into the usage of apprentices and servants, bounden as aforesaid, and to defend them from the cruelty, neglect or breach of covenant of their masters; and such parents, guardians or town councils for the time being, may complain to the court of common pleas in the county where such master is an inhabitant, against him,
for any personal cruelty, neglect or breach of covenant, and the court, after having duly notified the party complained against, shall proceed to hear and determine such complaint; and if the said complaint shall be supported, the court may render judgment, that the said minor be discharged from his apprenticeship or service, with costs against the master, and award execution accordingly; in which case the deed of service or apprenticeship shall be deemed void, from the time of rendering judgment, and the minor may be bounden out anew; but if such complaint shall not be supported, the court shall award costs to the respondent, against the parent, guardian or town council, where the complaint of the town council shall be without probable cause, and issue execution accordingly.
Sec. 4. If any servant or apprentice, bounden as aforesaid, shall depart from the service of his master, or otherwise neglect his duty, it shall be lawful for any justice of the peace of the county where such servant or apprentice may be found, on complaint made to him in writing by the master, or by any one in his behalf, on oath, to issue his warrant to the sheriff
, his deputy, or to any town sergeant or constable within the county, directing him to apprehend such servant or apprentice and bring him before the said justice; who upon hearing shall endeavor to reconcile the difference, if he can, and order the said servant or apprentice to be returned to the place of his duty, or to commit him to the state's jail in the county, there to remain for a term not exceeding twenty days, unless sooner discharged by his master; and the justice's warrant for returning such servant or apprentice to the place of his duty, directed to any officer or other person by name, shall authorize him to convey any such servant or apprentice to such place, notwithstanding it may be in any other county in this state; and the costs of the process and commitment by said justice shall be paid by the master, to be recovered by him of the parent or guardian, and the same with all further costs he may be holden to pay shall be a proper article of charge in such guardian's account.
Sec. 5. If any servant or apprentice, bounden as aforesaid, shall be guilty of any gross misbehaviour, wilful neglect or refusal of his duty, the master may complain thereof to the court of common pleas in the county whereof he is a resident; and the said court, after having duly notified such servant or apprentice, and all persons covenanting on his behalf, and the town council for the time being of the town when they shall approve as aforesaid, shall proceed to hear and decide upon such complaint; and if the said complaint shall be supported, the court may render judgment, that the master be discharged from the contract of service or apprenticeship, and every article thereof obligatory on him, with costs; and award execution for costs accordingly, against the parent, guardian or minor, where the minor shall engage as aforesaid for himself; and any servant or apprentice whose master shall be discharged as aforesaid may be bounden out anew.
Sec. 6. No covenant of apprenticeship, entered into by any minor, his parent or guardian, for the purpose of such minor's becoming or being instructed in any trade or mystery and made to any master, the wife of such master, or to the executors, administrators or assigns of such master, shall be binding on such minor, parent or guardian after the decease of the master; but on the death of such master the said contract shall be deemed void from that time; and in any such case any minor may be bounden out anew, in manner as is herein before directed.
An Act reluting to Principals and Agents or Factors.
shipped, deemed the owner, &c.- less notified that agent is not author.
from his agent before sold, &c.--may 2. Person entrusted with goods for sale, demand of purchaser sum agreed to
&c., deemed the owner-may sell or be paid for them-recover them if pledge them in case, &c.
pledged, &c. 3. Person accepting such merchandize in 6. Common carrier, &c., prohibited from
deposit, &c., shall acquire no other selling or pledging.
right than the agent had therein. 7. Penalty on agent for fraud.
Section 1. Every person in whose name any merchandize shall be shipped, shall be deemed the true owner thereof, so far as to entitle the consignee of such merchandize to a lien thereon for any money advanced, or negociable security given by such consignee to and for the use of the person in whose name such shipment shall be made ; and for any money or negociable security received by the person in whose name such shipment shall have been made, to or for the use of such consignee : provided, that such consignee shall not have notice by the bill of lading or otherwise, at or before the advancing of any money or security by him, or at or before the receiving such money or security, by the person in whose name the shipment shall have been made, that such person is not the actual and bona fide owner thereof.
Sec. 2. Any person entrusted with and in possession of any goods delivered to him for the purpose of sale, and any person entrusted with and in possession of any bill of lading, receipt or certificate of a warehouse keeper or inspector, or any warrant or order for the delivery of goods, shall be deemed and taken to be the true owner of such goods, or of the goods mentioned and described in such documents respectively, so far as to give the same validity, force and effect, to any contracts thereafter entered into by him with any person for the sale or disposition of the same, or for the deposit or pledge thereof, as a security for any money or other property advanced, or any negociable instrument or other obligation in writing given, upon the faith of such goods, or of such several documents, or either of them, as if the same contract had been so made by the bona fide owner of such goods : provided, that the person so contracted with shall not have notice, by such document or otherwise, that the person so entrusted as aforesaid is not the actual and bona fide owner.
Sec. 3. Any person who shall hereafter accept or take any such merchandize, goods or document, in deposite or pledge from any such agent as a security for any antecedent debt or demand, shall not acquire thereby or enforce any right or interest in or to such goods, merchandize or document, other than was possessed or might have been enforced by such agent, at the time of such deposite or pledge.
Sec. 4. It shall be lawful for any person to contract with any agent entrusted with goods, or to whom the same may be consigned, for the purchase of such goods, and receive the same and pay for them to such agent; and such contract and payment shall be binding and good against the owner of such goods, notwithstanding the purchaser shall have notice that the person making such contract or in whose behalf the same is made is an agent : provided, that such contract and payment be made in the usual and ordinary course of business, and that such purchaser shall not, when such contract is entered into or such payment made, have notice that such agent is not authorized to sell the said goods or to receive the said purchase money.
Sec. 5. Nothing contained in this act shall be deemed or construed to prevent the true owner of any such goods shipped, entrusted or deposited as aforesaid, from demanding and recovering the same from his factor or agent before the same