Of Masters and Apprentices

Chapter CXV. Of masters and apprentices. 

Sec. 2581. How minors are bound out.––Any minor may be bound as an apprentice by his guardian, or if none, by his father, or if neither father nor guardian, by his mother, with the consent entered of record of the court of the county or corporation in which the minor resides; or without such consent, if the minor, being fourteen years of age, agree in writing to be so bound.

Sec. 2582. How placed in asylum or school.––By the same authority and under the same limitations, any minor may be placed for such time as may be agreed on in writing, in any incorporated association, asylum, or school, instituted for the support and education of destitute children, which shall thereupon be entitled to the custody of such minor for such time, and may bind him an apprentice until the expiration of that time.

Sec. 2583. When and how bound out, &c., by overseer of poor.––Any overseer of the poor of a county or corporation, if allowed by an order of the court thereof, may place in any such incorporated institution or bind out as an apprentice any minor who is found begging in such county or corporation, or is likely to become chargeable thereto.

Sec. 2584. Term of apprenticeship; authority of employer.––The term of every such apprenticeship shall be until the apprentice attains the age of twenty-one years, if a boy, or eighteen years, if a girl; but whenever a minor is held to service or labor of any kind for a period not less than one month, the employer may exercise the same authority, control, and discipline over the said minor as are now exercised by a master over an apprentice, unless it shall be otherwise agreed in the contract for the employment of said minor.

Sec. 2585. What writing of apprenticeship to specify; what master to teach apprentice.––The writing by which any minor is bound apprentice, shall specify his age, and what art, trade, or business he is to be taught. The master, whether it is expressly provided therein or not, shall be bound to teach the same, and shall be bound to teach him reading, writing, and common arithmetic, including the rule of three.

Sec. 2586. Payment by master for services of apprentice.––When a court makes an order allowing a minor to be bound as an apprentice, it shall inquire and direct whether the master, besides maintaining the apprentice and so teaching him, shall pay anything for his services, and if anything, how much, and for which year or years; the writing by which the minor is bound, shall bind the master to pay what may be so directed. For such payment, bond shall be taken by the overseers binding such minor, if the court require it.

Sec. 2587. When and where writing of apprenticeship, &c., filed.––The writing by which any minor is bound, and any bond taken from the master, shall, within six months from the date thereof, be filed in the clerk's office of the court of the county or corporation in which the same may be executed. Unless so filed, the master shall not be entitled to the services of the apprentice.

Sec. 2588. How apprentice transferred to new master. Form of writing of apprenticeship.––Such writing may, with the approbation of the said court, and on such terms as the court may prescribe, be transferred by the master, or within three months after his death, by his personal representative. The assignee therefor shall succeed to the master's rights and obligations for the future, and shall give bond if required by the court. Such writing may be in the following form or to the same effect:

"This indenture witnesseth, that it is mutually agreed between ______ and ______ that ______, aged ______ years, shall be taken and held as an apprentice for the term of ______ years by the said ______; and the said ______ contracts and covenants with the said ______ to faithfully and carefully instruct the said ______ in all the handicraft of a ______; and the said ______ further contracts and covenants that the said ______ shall be allowed as compensation, in consideration of his services for the first year, at the rate of ______ per week (or per year) for the second year, at the rate of ______ per week (or per year); for the third year, at the rate of ______ per week (or per year); for the fourth year, at the rate of ______ per week (or per year); for the fifth year, at the rate of ______ per week (or per year); and at the expiration of his term of apprenticeship, ______. Witness our hands and seals, this the ______ day of ______

______, [L. S.]
______, [L. S.]

State of Virginia, ______ of ______, to-wit:
Executed before me, a notary public (or justice of the peace) in and for the ______ and state aforesaid, this the ______ day of ______, Anno Domini ______.

(Notary public or justice of the peace.)"

Sec. 2589. How money due from master to be paid.––The money which the master is to pay for any year except the last, shall, at the end of the year for which it is payable, be paid to the father of the minor, or the mother, or part to each, as the court may direct; or it may be reserved, to be paid to the apprentice at the end of his term, with interest. Such directions may be changed from time to time, on the motion of the overseers of the poor, or of the father, mother, or apprentice, on proof of notice of such motion having been given to the adverse party.

Sec. 2590. How, for the last year.––The money, which the master is to pay for the last year, shall be paid at the end thereof to the apprentice.

Sec. 2591. How recovered.––Any money to be paid under either of the two preceding sections may be recovered from those liable therefor on the motion of the person entitled thereto, or by suit. Any such motion may be in that court in the office whereof the writing or bond of the master is filed.

Sec. 2592. Complaint of master or apprentice against each other; how tried, &c.––Such court, during the term of apprenticeship, may receive the complaint of such apprentice, or any person in his behalf, against the master, for undeserved or excessive correction, want of instruction, insufficient allowance of food, raiment, or lodging, or non-payment of what was directed to be paid; or the complaint of a master against his apprentice for desertion or other misconduct; and after reasonable notice of the complaint to the party against whom it is made, may determine the same in a summary way, making such order as the case may require.

Sec. 2593. Residence of apprentice; how changed; effect of change without leave of the court.––No apprentice shall reside out of that county or corporation in the office whereof the writing whereby such apprentice is bound is required to be filed, without the leave of the court of such county or corporation. Whenever such leave is given, a copy of the said writing shall be forth with filed in the office of the court of that county or corporation wherein the residence is to be; and thereafter that court may hear and determine any complaint against the said master or apprentice as might have been done by the court giving such leave before the same was given. If without such leave an apprentice be removed by his master, or with his master's knowledge, out of the first mentioned county or corporation, and remain thereout more than one month, the obligation of the apprentice to serve such master shall be only during the pleasure of the apprentice.

Sec. 2594. What court may hear complaint, where minor was bound beyond the state.––If any apprentice, who was bound as such beyond the limits of this state, be brought or come within the same, the court of the county or corporation in which he may be, may hear and determine in a summary way any complaint of him or his master, and make such order in the matter as may be right.

Sec. 2595. Apprentices, who desert, liable for damages.––If an apprentice, bound in this state, desert the service of his master, he shall be liable to the master, notwithstanding his infancy, for all damages sustained by such desertion.

Sec. 2596. Penalty for harboring or enticing apprentices.––If any person knowingly employ, conceal, or harbor any such apprentice, he shall pay such master three dollars for each day he shall so employ, conceal, or harbor the apprentice, in addition to the damage sustained by the master, and the court or justice, rendering judgment for such offence, may require the person offending to enter into a recognizance to keep the peace and be of good behavior. If any person entice, or, without the consent of the master, take or carry away such apprentice, he shall be fined twenty dollars, to the use of the commonwealth; and the possession of such apprentice, or his being permitted to remain on the premises, with a knowledge that he is such apprentice, shall be conclusive evidence that the offender knowingly enticed, took, or carried him away.