Any person having or hereafter obtaining a minor Indian, male or female, from the parents or relations of such Indian minor, and wishing to keep it, such person shall go before a justice of the peace in his township, with the parents or friends of the child, and if the justice of the peace becomes satisfied that no compulsory means have been used to obtain the child from its parents or friends, shall enter on record, in a book kept for that purpose, the sex and probable age of the child, and shall give to such person a certificate, authorizing him or her to have the care, custody, control and earnings of such minor, until he or she obtain the age of majority. Every male Indian shall be deemed to have attained majority at eighteen, and the female at fifteen years.'

Any person having a minor Indian in his care, as described in the foregoing section of this act, and shall neglect to clothe and suitably feed such minor Indian, or shall inhumanly treat him or her, on conviction thereof shall be subject to a fine not less than ten dollars, at the discretion of a court or jury; and the justice of the peace, in his discretion, may place the minor Indian in the care of some other person, giving him the same rights and liabilities that the former master of said minor was entitled and subject

to."

Any person wishing to hire an Indian, shall go before a justice of the peace with the Indian, and make such contract as the justice may approve, and the justice shall file such contract in writing in his office, and all contracts so made shall be binding between the parties; but no contract between a white man and Indian, for labor, shall otherwise be obligatory on the part of an Indian.'

Complaints may be made before a justice of the peace, by white men or Indians, and in all cases arising under this act, Indians shall be competent witnesses, their credibility being left with the jury.-[Am. April 28, 1855; R. S. St. 1850, 409; C. L. 823.*]

If any person forcibly conveys any Indian from his home, or compels him to work, or perform any service against his will, in

this state, except as provided in this act, he or they shall, on conviction, be fined in any sum not less than fifty dollars, at the discretion of the court or jury.'

When an Indian is convicted of an offence before a justice of the peace punishable by fine, any white person may, by consent of the justice, give bond for said Indian, conditioned for the payment of said fine and costs, and in such case the Indian shall be compelled to work for the person so bailing, until he has discharged or cancelled the fine assessed against him; provided, the person bailing shall treat the Indian humanely, and clothe and feed him properly; the allowance given for such labor shall be fixed by the court, when the bond is taken.

It is provided by section 20th of the act relating to Indians, *that an Indian convicted of vagrancy may be hired out to service to the best bidder, after public notice, for any term not exceeding four months.

3

OREGON.

In Oregon children under fourteen, are bound, only till that age, by the father; or in case of his death or incompetency, or if illegitimate, by the mother (while unmarried), or legal guardian; or if there be none such to act, then by themselves with the approbation of the probate judge, to be endorsed on bothparts of the indenture. If above fourteen, they are bound in the same manner, males until twenty-one, and females until eighteen, or marriage within that age, but only upon their consent. The indentures to be in duplicate, signed and sealed; and in all caseswhere approved by the probate judge, or made with county commissioners, one part must be deposited with the probate judge.'

The county commissioners may bind out the children of parents, or children actually chargeable to the county; whether under or over fourteen, till the ages mentioned in the foregoing section; and provision shall be made in the contract, for teaching such children to read, write and cipher; and for such other instruc

1 Wood's Dig. art. 2643–2646.

2 id. 2654.

3 id. 2657.

4 Statutes O. 397-400.

tion, benefit and allowance, either within or at the end of the term, as the county commissioners may think reasonable.

All considerations of money, or other things paid or allowed by the master, in the contract, must be paid or secured to the sole use of the minor.'

It is the duty of the parents, or other party approving the indenture, to inquire into the treatment of the apprentice, and prosecute the master or mistress in the Probate Court, for cruelty, neglect or breach of covenant; and upon the hearing the court. may annul the indenture.

Action may also be brought in the District Court, by or on behalf of the apprentice or servant, for damages, on a breach of the contract; and on such action the minor may also be discharged from the service, and may thereupon be bound anew.*

If the minor unlawfully depart from the service of the master, upon complaint on oath he may be brought before a justice, by warrant, and returned to the master, or committed to the county jail.'

If he be guilty of gross misbehavior, or of wilful neglect, or refusal to do his duty, on application to the Probate Court, the master may be discharged from the contract; the apprentice or his guardian or parent being liable for the costs.

The death of the master or mistress concludes the contract, and the minor may be bound out anew.*

WASHINGTON.

The statutes of Washington do not make provision for apprentices, further than that in the poor-laws, it is provided that if a minor is likely to become chargeable to the county, it is the duty of the county commissioners to bind such minor as an apprentice, to some respectable householder of the county by written indenture."

1 Statutes O. 397-400.

2 id

4 id.

Laws Wash. 396.

FORMS.

Apprentice's Indenture.

This indenture witnesseth: That James Knox, of the city of Marysville, in the county of Yuba, and state of California, now aged fifteen years, by and with the consent of John Knox, his father [or, mother, his father being dead, or, being legally incapacitated, or, having abandoned or neglected to provide for his family] endorsed upon this indenture, hath voluntarily, and of his own free-will and accord, put and bound himself apprentice to Henry Jones, of the city of San Francisco, to learn the art, trade and mystery of a baker; and as an apprentice to serve from this date, for, and during, and until the full end and term of four years next ensuing, [or, until the said James Knox shall have attained the age of twenty-one years, which will be on the

day of in the year 18] during all which time the said apprentice shall serve his master faithfully, honestly, and industriously; his secrets keep, and lawful commands everywhere readily obey; at all times protect and preserve the goods and property of his said master, and not suffer or allow any to be injured or wasted. He shall not buy, sell, or traffic, with his own goods, or the goods of others, nor be absent from his said master's service, day or night, without leave; but in all things behave himself as a faithful apprentice ought to do, during the said term. And the said master shall clothe and provide for the said apprentice in sickness and in health, and supply him with suitable food and clothing; and shall use and employ the utmost of his endeavors to teach, or cause him, the said apprentice, to be taught or instructed, in the art, trade, or mystery of a baker; and also cause the said apprentice, within such term, to be instructed to read and write, and to be taught in the general rules of arithmetic, or in lieu thereof, that he will send the said James Knox to school, three months of each year of the period of this indenture. [If necessary, insert here: "And the said Henry Jones acknowledges that he has received, with the said James Knox from John Knox his father, [or, mother,] the sum of dollars, as a compensation for his instruction, as above mentioned; or: And the said Henry Jones further agrees to pay to the said James Knox the following sums of money, viz.: for the first year of his service year of his service

dollars per month; for the second dollars per month; and for every subsequent year, until the expiration of his term of service, dollars per month; which said payments are to be made on the first day of each month in each year.]

And for the true performance of all and singular the covenants

and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.

In witness whereof, the parties aforesaid have hereunto set their hands and seals, the fifth day of May, in the year one thousand eight hundred and sixty.

Signed sealed and delivered in presence of WILLIAM DORAN.

JAMES KNOX. [L. S.]

HENRY JONES. [L. S.]

Consent of Father or Mother.

I, John Knox, father of the within named James Knox, a minor, do hereby consent to, and approve of, the binding of my son the said James Knox, as in the above [or, within] indenture mentioned. Dated the 5th day of May, in the year 1860.

JOHN KNOX.

Justice's Certificate, where Mother gives Consent.

I, B. C., a justice of the peace of the city and county of San Francisco, do certify, that 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 neglected to provide for his family.] Dated the day of 1860.

B. C., Justice of the Peace.

Consent of Guardian.

I, C. G. Bryant, the guardian, duly appointed, of Geo. Bruce, in the within indenture named, do certify, that the father and mother of the said Geo. Bruce are dead, [or, that the father of the said Geo. Bruce is dead, and that the mother of the said Geo. Bruce is not in legal capacity to give her consent to the said indenture of apprenticeship] and that I do hereby consent, as his guardian, that he, the said Geo. Bruce, may bind himself in and by the said indenture.

Dated the first day of May, 1859.

C. G. BRYANT, guardian of the said Geo. Bruce, a minor.

Certificate of Consent of the Supervisors of the County, two Justices of the Peace of the County, or Judge of the Probate Court of the County in which the Infant resides.

We, the undersigned, the supervisors of the county of

; or, I, the

by A. B. their president, duly authorized by us to sign for us [or, two justices of the peace of the county of undersigned, the probate judge of the court of

county,]

where the within named G. B. resides, do certify, that the said