ing them from such service, without the leave of his master, he shall be ART. 3. compelled to serve double the time of such absence, unless he &c., absentshal otherwise make satisfaction for the loss and injury sustained selves from by such absence; but such additional term of service shall not extend beyond three years next after the end of the original term of service.1 service. [159] ces, &c., serve. 329. If any such person shall refuse to serve according to the Apprentiprovisions of this title, or the terms of his contract or indentures, how comhis master may apply to any justice of the peace of the county, or pelled to to the mayor, recorder or any alderman of the city where he shall reside, who shall be authorized 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.' against, for havior. 330. On complaint being made on oath by any master, touch- Proceedings ing any misdemeanor or ill behavior of any such person, to any misbe two justices 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 the person complained of to be brought before them, and to hear, examine and determine the complaint. may be im discharged 331. If the complaint appear to be well founded, the said Offender officers may by warrant commit the offender to the house of cor- prisoned or rection, or to the common jail of the county, for any term not from ser exceeding one month, there to be employed in hard labor, and to vice. 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.' of master, discharged. 13 J. R., 270. 332. If any master shall be guilty of any cruelty, misusage, Misconduct refusal of necessary provisions or clothing, or any other violation apprentices, of the provisions of this title, or of the terms of the indenture or may be contract, towards 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.1 tion of last 333. The preceding five sections shall not extend to any appren- Qualificatice whose master or mistress shall have received, or shall be enti- ave sections tled to receive, any sum of money with him, as a compensation for his instruction.i ey paid, &c., out, com misconduct of master. 334. In cases where money was paid or agreed to be paid, on When monthe binding out of any clerk or apprentice, the like complaint may on binding be made by any person so bound to service, to any justice of the plaint for peace of the county or any mayor, recorder or alderman of the ely 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. 335. If the difficulty cannot be compounded or reconciled, such officer shall take a recognizance from the master for his ter to enter 11 R. L, 137, §§ 5, 6, 7, 10, 11 and 12. [160] When mas TITLE 4 appearance at the next court of sessions of such county, in such sum and with such sureties as he shall approve. into recog nizance to appear at sessions. Powers of sessions. Proceedings in like cases S36. Upon a hearing of the parties, the court may discharge the 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 canceled.2 $37. The master of any person so bound to service, where any by master. 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 sessions.1 Powers of sessions in $38. The court may in like manner discharge such person from such cases. service, and order the refunding of any money so paid or agreed to be paid, and the canceling of any securities; and may punish such person by fine or imprisonment, or both, as for a misde Journeymen and Lot to be in using their trade, &c. meanor.2 $39. No person shall accept from any journeyman or apprenapprentices tice any contract or agreement, nor cause him to be bound by restrained 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.s 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.s Penalties. Executors may assign dentures, with consent, &c. [161] S41. Upon the death of any master to whom any person may certain in 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 person bound to service, signified in writing and acknowledged before 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. Powers of Bessions if S 42. If the person so bound to service, refuse to give such con 1 "General sessions of the peace" in the original. 21 R. L., 138, § 9. $ Id., 135, § 1. fused. sent, such assignment may be made under the sanction of an order _ART. 3. of the court of sessions,' after fourteen days' notice of an applica- consent retion 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 343. The provisions of this title shall apply as well to mis- Application tresses, female guardians, apprentices and wards, respectively, as to females. to masters, male guardians, apprentices and wards. 1 "General sessions of the peace" in the original. [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 THIRD. 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 of the court of appeals.] TITLE 2. Of the court of chancery. TITLE 3. TITLE 4. TITLE 5. Of the supreme court. Of the circuit courts sittings, and courts of oyer and terminer. TITLE 6.—Of mayors' courts in cities. [TITLE 7.-Of the city court of Brooklyn.] [TITLE 8. Of the superior court of the city of New York.] TITLE I. Of the Court for the Trial of Impeachments [and of the Court of Appeals.]1 ART. 1. Of the constitution of the court, and its officers. ART. 2. Of impeachments, and the mode of conducting them. ART. 3.-[Of the court of appeals.] 1 The original title was "Of the court for the trial of impeachments and the correction of errors." Under the existing constitution the court for the trial of impeachments is retained, but its powers as a court of appellate jurisdiction are taken away and exercised by the court of appeals. The provisions of law for organizing that court and its powers are arranged in the third article of this chapter, which originally was entitled "Of its powers as a court for the correction of errors." ART. 1. ARTICLE FIRST. Of the Constitution of the Court and its Officers. BEC. 1. Members of the court; concurrence of two-thirds necessary to a conviction; judgment on conviction. [164] the court. 218. 31. The court for the trial of impeachments shall be com- Members of posed of the president of the senate, the senators, or a major part 2 Wend., of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor, the lieutenant-governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under this state; but the party impeached shall be liable to indictment and punishment according to law. [Const., art. 6, § 1.]. &c. 32. The major part of the members then in office, and consti- Quorum, tutionally competent to vote on the question pending, shall be a sufficient number to constitute the court; but no decision can be made without the concurrence of at least ten members legally competent to vote on the question pending.' 33 The court for the trial of impeachments shall be a court a court of of record, and when summoned shall be held at the capitol in the record. city of Albany, and the clerk and officers of the senate sha'l be the Terms, clerk and officers of said court, and the president of the senate shall where held. preside therein, and in his absence the chief judge of the court of appeals shall preside, and in the absence of the president of the senate and said chief judge, such other member shall preside as the court shall elect. [1847, ch. 280, § 1.]2 court. 34. A suitable seal for said court shall be procured and kept Seal of the in the custody of the clerk of the senate, and a description thereof shall be deposited and recorded in the office of the secretary of state, which description shall there remain of record. [Same ch., § 2.] to the court 35. All laws relating to the court for the trial of impeach- what laws ments, the jurisdiction, powers and duties thereof, the proceedings Applicable therein, and the officers thereof, and their powers and duties, shall ordering im be applicable to the court for the trial of impeachments organized by this act, the jurisdiction, powers and duties thereof, the proceed 1 Mod fled by the preceding section, taken from the existing constitution. Ten members cannot cor stitute a racority of a quorum, which requires the presence of the president of the senate (1), a major part of the senators (17), and a major part of the judges of the court of appeals (5), in all 23 members of the court. 1 "An act in relation to the judiciary," passed May 12, 1847. peachment. |