additional term of service shall not extend beyond three years, next after the end of the original term of service.30 ART. 3. &c. how com serve. § 29. If any such person shall refuse to serve according to the pro- Apprentices, visions of this Title, or the terms of his contract or indentures, his pelled to master may apply to any justice of the peace of the county, or to the mayor, recorder, or any alderman of the city, where he shall reside, who shall be authorised by warrant or otherwise, to send for the person so refusing, and if such refusal be persisted in, to commit such person, by warrant, to the bridewell, house of correction, or common jail of the city or county, there to remain until such person will consent to serve according to law. 30 against for $30. On complaint being made on oath, by any master, touching Proceedings any misdemeanor or ill behavior of any such person, to any two jus- misbehavior. tices of the peace of the county, or to the mayor, recorder, and alderman of any city, or any two of them, it shall be their duty to cause person complained of, to be brought before them, and to hear, examine and determine the complaint. be imprisoned from service. $31. If the complaint appear to be well founded, the said officers Offender may may, by warrant, commit the offender to the house of correction, or to or discharged the common jail of the county, for any term not exceeding one month, there to be employed in hard labor, and to be confined in a room with no other person; or they may, by a certificate under their hands, discharge the offender from his service, and the master from all obligations to such offender.30 of master, ap may be dis $ 32. If any master shall be guilty of any cruelty, misusage, refusal Misconduct of necessary provisions or clothing, or any other violation of the provi- prentices, &c sions of this Title, or of the terms of the indenture or contract, towards charged. any such person so bound to service, such person may make complaint to any two of the officers specified in the preceding thirtieth section, who shall summon the parties before them, and examine into, hear and determine the complaint, and by certificate under their hands, discharge such person from his obligation of service.30 $33. The preceding five sections shall not extend to any appren- Qualification tice whose master or mistress shall have received, or shall be enti- sections. tled to receive, any sum of money with him, as a compensation for his instruction. 30 paid, &c. on complaint for of master. $34. In cases where money was paid, or agreed to be paid, on the When money binding out of any clerk or apprentice, the like complaint may be made binding out, by any person so bound to service, to any justice of the peace of the misconduct county, or any mayor, recorder or alderman of the city, in which he shall reside, who shall inquire into the matter, and make such order and direction between the master and the person bound to service, as the equity of the case may require. (30) 1 R. L. p. 137, § 5, 6, 7, 10, 11 & 12. TITLE 4. When master $35. If the difficulty can not be compounded or reconciled, such officer shall take a recognizance from the master for his appearance at to enter into the next court of general sessions of the peace of such county, in such recognizance to appear at sum and with such sureties as he shall approve. general ses sions. Powers of ge $36. Upon a hearing of the parties, the court may discharge the neral sessions person so bound to service, from his obligation, by a rule to be entered in their minutes; and may order any sum of money that shall have been paid or agreed for on the binding out of such person, or any part thereof, to be refunded, if paid, to him who advanced the same, or his personal representatives; and if not paid, they may, by order, discharge the same, and direct any securities that may have been given therefor, to be delivered up or cancelled.31 Proceedings in like cases by master. Powers of ge neral sessions in $37. The master of any person so bound to service, where any money was paid or agreed to be paid, on such binding out, may, in the same manner, make complaint of the misbehavior of any such person, to any such officer, who shall proceed in the same manner to inquire into the same: and he may take a recognizance from the person bound to service, for his appearance at the next court of general sessions. $38. The court may, in like manner, discharge such person from chess service, and order the refunding of any money so paid or agreed to be paid, and the cancelling of any securities; and may punish such person by fine or imprisonment, or both, as for a misdemeanor.31 Journeymen and apprenti restrained in using their trade, &c. S39. No person shall accept from any journeyman or apprentice, ces not to be any contract or agreement, nor cause him to be bound by oath or otherwise, that after his term of service expired, such journeyman or apprentice shall not set up his trade, profession or employment, in any particular place, shop, house or cellar; nor shall any person exact from any journeyman or apprentice, after his term of service expired, any money or other thing, for using and exercising his trade, profession or employment, in any place. 32 Penalties. Executors may assign certain inden consent, &c. tures, with S40. Every security given contrary to the provisions contained in the last section, shall be void; any money paid, or valuable thing delivered, for the consideration, in part or in whole, 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 as aforesaid, shall forfeit one hundred dollars, to the apprentice or journeyman from whom the same shall have been received.32 $ 41. Upon the death of any master, to whom any person may have been bound to service, as clerk, apprentice, or otherwise, by the county superintendents of the poor, or by the overseers of the poor, the executors or administrators of such master, may, with the consent of the (31) 1 R. L. p. 138, § 9. (32) Ib. p. 135, § 1. person bound to service, signified in writing, and acknowledged be- ART. 3. fore a justice of the peace, assign the contract of such service to any other person, which assignment shall vest in such assignee all the rights of the original master, and render him subject to all his obligations. if consent re fused. $42. If the person so bound to service, refuse to give such consent, Powers of gesuch assignment may be made under the sanction of an order of the neral sessions court of general sessions of the peace, after fourteen days' notice of an application to that effect, served on the apprentice, his parent or guardian, if there be any in the county, and when so made, such assignment shall be as valid and effectual as if such consent had been given in manner aforesaid. of this Title $ 43. The provisions of this Title shall apply as well to mistresses, Application female guardians, apprentices and wards, respectively, as to masters, to females. male guardians, apprentices and wards. [Of the preceding SECOND PART OF THE REVISED STATUTES, the last seven Chapters were passed as several and distinct Acts, by the Senate and Assembly, on the 4th of December, 1827, and were on the same day approved and signed by DE WITT CLINTON, Governor of the State. The first Chapter was passed by the two houses, on the 10th of December, 1828, and was on the same day approved and signed by NATHANIEL PITCHER, Lieutenant-Governor of the State, Mr. Clinton, the Governor, having died on the 11th of February preceding.] REVISED STATUTES OF THE STATE OF NEW-YORK. PART III. AN ACT Concerning courts and ministers of justice, and proceedings in civil cases. WHEREAS it is expedient that the several statutes of this state, relating to courts and ministers of justice, and to proceedings in civil cases, should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied: Therefore, The People of the State of New-York, represented in Senate and Assembly, do declare and enact as follows: CHAPTER I. Of the Courts of General or Limited Jurisdiction. TITLE 1. Of the court for the trial of impeachments and the correction of errors. TITLE 2.-Of the court of chancery. TITLE 3. Of the supreme court. TITLE 4. Of the circuit courts, sittings, and courts of oyer and terminer. TITLE 5.-Of the courts of common pleas and general sessions of the peace, in the several counties of this state. TITLE 6. Of mayors' courts in cities. TITLE I. OF THE COURT FOR THE TRIAL OF IMPEACHMENTS AND THE COR- ART. 1. Of the constitution of the court, and its officers. |