ticeship he will give to such apprentice a certificate, in writing, that such apprentice has served at such trade or craft a full term of apprenticeship specified in such indenture;

9. If a minor is indentured by the poor officers of a county, city or town, or by the authorities of an orphan asylum, penal or charitable institution, an agreement that the master or employer will cause such child to be instructed in reading, writing and the general rules of arithmetic, and that at the expiration of the term of service he will give to such minor a new bible.

Every such indenture shall be filed in the office of the county clerk of the county where the master or employer resides.

§ 72. Indenture by minor; by whom signed. Any minor may, by the execution of the indenture provided by this article, bind himself or herself:

1. As an apprentice to learn the art or mystery of any trade or craft for a term of not less than three nor more than five years; or,

2. As a servant or clerk in any profession, trade or employment for a term of service not longer than the minority of such minor, unless such indenture be made by a minor coming from a foreign country, for the purpose of paying his passage, when such indenture may be made for a term of one year although such term may extend beyond the time when such person will be of full age.

An indenture made in pursuance of this section must be signed, 1. By the minor;

2. By the father of the minor unless he is legally incapable of giving consent or has abandoned his family;

3. By the mother of the minor unless she is legally incapable of giving consent;

4. By the guardian of the person of the minor, if any;

5. If there be neither parents or guardians of the minor legally capable of giving consent, by the county judge of the county or a justice of the supreme court of the district, in which the minor resides; whose consent shall be necessary to the binding out or apprenticing in pursuance of this section of a minor coming from a foreign country or of the child of an Indian woman, in addition to the other consents herein provided;

6. By the master or employer.

§ 73. Indenture by poor officers; by whom signed. The poor officers of a municipal corporation may, by an execution of the indenture provided by this article bind out or apprentice any minor whose support shall become chargeable to such municipal corporation.

In such case the indenture shall be signed,

1. By the officer or officers binding out or apprenticing the minor;

2. By the master or employer;

3. By the county judge of the county, if the support of such child was chargeable to the county, by two justices of the peace, if chargeable to the town, or by the mayor and aldermen or any two of them, if chargeable to the city.

The poor officers by whom a child is indentured and their successors in office, shall be guardians of every such child and shall inquire into the treatment thereof, and redress any grievance as provided by law.

The provision of the Revised Statutes (1 R. S. 617, § 15) declaring that a majority of the superintendents of the poor of a county "shall be at all times competent to transact business and to execute any powers vested in the board of superintendents" authorizes the majority to act, irrespective of and without consultation, with the minority.

The authority to bind minors as apprentices given to said superintendents (2 R. S. 134, § 5) may, therefore, be executed by a majority, without a meeeting of or notice to all. Court of Appeals, February, 1874, Johnson v. Dodd, 56 N. Y. 76.

The government has the right to require the services of its citizens, minors as well as adults, for the public defense. It may dissolve the relation of master and apprentice existing by force of municipal regulations, and the obligation of service resulting from indentures executed under or sanctioned by local law.

The relation is dissolved by the acceptance of the apprentice into the military service of the government, although his enlistment was his voluntary act, not compelled by the government, and without the consent of the master; and the wages due the former for his service in the army as well as bounty money belong to him, to the exclusion of any claim thereto by the latter. Id.

A mother who has received temporary relief from the poor officers is not a person chargeable to the public, within the meaning of the statutes, allowing a child who, or whose parents, become chargeabie, to be bound out. Albany City Recorder, March, 1873, People ex rel. Heilbronner v. Hoster, 14 Abb. Pr. N. S. 414.

Abandonment of a child by the father is the surrender of his parental right to the child's custody. Court of Appeals, April, 1875, People ex rel. Wehle v. Weisenbach, 60 N. Y. 385.

§ 74. Indenture by a charitable corporation; by whom signed. -Where an orphan asylum or charitable institution is authorized to bind out or apprentice dependent or indigent children committed to its charge, every such child shall, when practicable, be bound out or apprenticed to persons of the same religious faith as the parents of such child, and the indenture shall in such case be signed,

1. In the corporate name of such institution by the officer or officers thereof authorized by the directors to sign the corporate name to such instrument, and shall be scaled with the corporate seal;

2. By the master or employer; and

3. May be signed by the child, if over twelve years of age.

§ 75. Penalty for failure of master or employer to perform provisions of indenture.-If a master or employer to whom a minor has been indentured shall fail, during the term of service, to perform any provision of such indenture, on his part, such minor or any person in his behalf, may bring an action against the master or employer to recover damages for such failure; and if satisfied that there is sufficient cause, the court shall direct such indenture to be canceled, and may render judgment against such master or employer for not to exceed one thousand nor less than one hundred dollars, to be collected and paid over for the use and benefit of such minor to the corporation or officers indenturing such minor, if so indentured, and otherwise, to the parents or guardian of the child.

876. Assignment of indenture on death of master or employer. On the death of a master or employer to whom a person is indentured by the poor officers of a municipal corporation, the personal representatives of the master or employer may, with the written and acknowledged consent of such person, assign such indenture and the assignee shall become vested with all the rights and subject to all the liabilities of his assignor; or if such consent be refused, the assignment may be made with like effect by the county judge of the county, on proof that fourteen days' notice of the application therefor has been given to the person indentured, to the officers by whom indentured, and to his parent or guardian, if in the country.

§ 77. Contracts with apprentices in restraint of trade void.No person shall accept from any apprentice any agreement or cause him to be bound by oath, that after his term of service expires, he will not exercise his trade, profession or employment in any particular place; nor shall any person exact from any apprentice, after his term of service expires, any money or other thing, for exercising his trade, profession or employment in any place. Any security given in violation of this section shall be void; and any money paid, or valuable thing delivered, for the consideration, in whole or in part, of any such agreement or exaction, may be recovered back by the person paying the same with interest; and every person accepting such agreement, causing such obligation to be entered into, or exacting money or other thing, is also liable to the apprentice in the penalty of one hundred dollars, which may be recovered in a civil suit.

PLACING OUT CHILDREN.

AN ACT to prevent evils and abuses in connection with the placing out of children.

Chapter 264, Laws of 1898.

Section 1. When used in this act the term destitute child means an orphan, abandoned or destitute minor, under the age of sixteen years, who is an inmate of a public or private charitable institution or is maintained by or dependent upon public or organized charity. The term place-out, when used in this act, means the placing of a destitute child in a family, other than that of a relative within the second degree, for the purpose of providing a home for such child. The term board, when used in this act, means the state board of charities.

§ 2. It is hereby made unlawful for any person or corporation, other than a charitable or benevolent institution, society or association, or society for the prevention of cruelty to children, now or hereafter duly incorporated under the laws of this state, or a local officer charged with the relief of the poor and placing out in the manner now provided by law, to place out any destitute child, directly or indirectly, unless such person or corporation

shall be duly licensed, as hereinafter provided, by the state board of charities, to place out destitute children. Nor shall any locai officer charged with the relief of the poor, directly or indirectly, place out. any child or children in a family not residing within this state.

In Supreme Court, November, 1901, People ex rel. Charles W. Spaulding v. The Board of Supervisors of Saratoga County, 66 App. Div. 117, the court said: "That such resolution empowered the superintendent of the poor to employ Maybee to assist him in finding homes for indigent children, which was one of his official duties.

"That the duty of placing children in the homes found by Maybee devolved upon the superintendent of the poor and not upon Maybee, and, therefore, that the fact that Maybee was not licensed by the State Board of Charities to place out' children, as required by section 2 of chapter 264 of the Laws of 1898, did not render the contract of employment invalid.”

Decision affirmed, 170 N. Y. 93, but order based upon decision, modified.

§ 3. The state board of charities is hereby authorized to issue licenses to such persons or corporations as apply therefor, and, in the judgment of said board, are proper to place-out children, empowering such licensees to place out destitute children. Any such license may be revoked by said board, in its discretion, on reasonable notice to such licensee and after affording such licensee an opportunity to be heard before said board. The reason for not granting any such license within six months after application has been made therefor, or for revoking a license, shall be entered in full in the minutes of said board.

§ 4. Any person or corporation who shall place out a destitute child shall keep and preserve a record of the full name and actual or apparent age of such child, the names and residence of its parents, so far as known, and the name and residence of the person or persons with whom such child is placed. If such person or corporation shall subsequently remove such child from the custody of the person or persons with whom it was placed, the fact of such removal and the disposition made of such child shall be entered upon such record.

§ 5. The state board of charities, through any member, officer or duly authorized inspector of said board, is hereby authorized to visit, in its discretion, any child under the age of sixteen years, not legally adopted, placed out by any person or corpora