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APPRENTICES.

Apprentices are a species of servants who are usually bound for a term of years, by indenture, to serve their masters, and be maintained and instructed by them.

No freeman or trader whatsoever, shall buy, sell, trade, barter, or borrow any commodities whatever, with, to or from any apprentice, whether by indenture, or otherwise, without the consent of the master or mistress of such apprentice, upon pain of forfeiting treble the value of such commodities, and of paying the sum of six pounds to the use of the said master or mistress, to be recovered by action of debt, bill, plaint, or information; and if the offender shall not be able to pay treble the value of such commodity and the sum of six pounds, the county court shall adjudge such person to be sold as a servant for the same.

If the master or mistress do not prosecute in ten months, any other person may and shall have and receive the advantage of such prosecution.

The father's disposing of the guardianship and tuition of his child, by will or by deed executed, shall not discharge any apprentice from his apprenticeship.

Where the estate of any orphan is of so small value that no person will educate or maintain him or her for the profits thereof, such orphan shall by direction of the court be bound apprentice; every male to some tradesman, mariner, or other person approved by the court, until he shall be of the age of twenty-one years, and every female to some suitable employment till the age of eighteen years; and such court may in like manner bind apprentice all free-born children of colour; and every such female child, being a mulatto or mustee, until she attain the age of twenty-one years. The master and mistress of every such apprentice shall find and provide for him or her diet, clothes, lodging, and accommodation fit and necessary, and shall teach or cause him or her to be taught to read and write; and, at the expiration of his or her apprenticeship, shall pay such apprentice three pounds besides one sufficient suit of wearing clothes; and on refusal shall be compelled thereto by petition in the county court, without the formal process of the action, who will give judgment with costs for the same. And if upon clomplaint made to the county court it shall appear that any such apprentice is ill used, or not taught the trade, profession, or employmemut to which he or she was bound, it C

shall be lawful for such court to remove and bind him or her to such other person or persons as they shall think fit.

The binding of such apprentice shall be by indenture, in the name of the presiding acting justice of the court and his successors, of the one part, and of the master or mistress, of the other; which indenture shall be acknowledged or proved before such court, and recorded, and a counter part thereof shall remain and be kept in the clerk's office for the benefit of such apprentice; and any person or persons injured, may and shall at his or her costs and charges, prosecute a suit thereon, in the name of such justice or his successors, and recover all damages which he or she may have sustained by reason of a breach of the covenants therein contained; and if any verdict or judgment shall pass for such master or mistress, he or she shall recover costs.

Also where any person shall desert his family, leaving them without sufficient support, and be absent from them for the term of one year; or where application may be made to the wardens for relief, and the said wardens shall certify the same to the court, the justices of the court of pleas and quarter sessions may, upon complaint made to them of any family being so deserted, bind out to proper and fit persons, the child or children which may be so left or deserted.

The master may by law, with moderation, chastise his apprentice.

If the apprentice be enticed to depart from his master's service, the master may have an action on the case for it.

An apprentice cannot be assigned, nor will he go to executors, upon the death of the master.

When any county court shall bind any orphan or base-born child of color, they are directed to take bond, with sufficient security, in the sum of 250l. from the master or mistress, that they shall not remove such child out of the county where he or she was bound; and to produce him or her before such court, at any time when the said court may require it, and also at the expiration of the time of service: and on failure thereof, the chairman of the court is required to bring suit on said bond, for the benefit of said apprentice. Provided nevertheless, that no seafaring person, being such master, shall incur this penalty, if he can make it appear that his said apprentice died on a voyage, without the limits of the county, or deserted from his service, so that he could not again procure him for the purpose of complying with the condition of the

bond.

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If any apprentice who shall be well used by his master, and who shall have received from his said master not less than six months' schooling, shall, after attaining the age of eighteen years, absent himself from his master's service before the term of his apprenticeship shall be expired, he shall at any time thereafter, whenever he shall be found, be compelled to make satisfaction to the master for the loss he shall have sustained by such absence; and in case he refuse to make such satisfaction, such master may recover by warrant before any justice of the peace such satisfaction, not exceeding thirty pounds, as said justice may adjudge: or such master may maintain his action on the case against such apprentice, and recover such damages as a jury may award in any court having cognizance thereof: Provided that the judgments so obtained before justices of the peace, shall be subject to the same right of appeal and stay of execution as other judgments given by them: Provided also, that no apprentice shall be compelled to make satisfaction to any master after the expiration of seven years, next after the end of the term for which he was bound.

ARREST.

Arrest is the apprehending or restraining one's person, in order to be forthcoming to answer an alleged or suspected crime.

In all criminal cases, all persons, without distinction, are equally liable to arrest.

No man is to be arrested, unless charged with such a crime as will at least justify holding him to bail when taken.

In general, an arrest may be made, 1st, by warrant; 2d, by an officer without a warrant; 3d, by a private person, also without warrant; 4th, by hue and cry.

A warrant is ordinarily granted by justices of peace. This they may do in cases where they have a jurisdiction over the offence, in order to compel the party accused to appear before them; for it would be absurd to give them power to examine and offender, unless they had also power to compel him to attend and submit to such examination; and this extends undoubtedly to all treasons, felonies, and breaches of the peace, and also to all such offences as they have power to punish by statute or act of assembly, and indeed to all criminal matters punishable by indictment.-See H. P. c. 84, § 15, 16.

A justice of the peace may issue his warrant to apprehend a person accused of felony, though not yet indicted; and also be may issue his warrant to apprehend a person suspected of felony, though the original suspicion be not in himself, but in the party that prays his warrant, because he is a competent judge of the probability offered to him of such suspicion.

But in both cases it is fitting to examine upon oath the party requiring a warrant, as well to ascertain that there is a felony or other crime actually committed, without which no warrant should be granted, as also to prove the cause or probability of suspecting the party against whom the warrant is prayed.

The warrant should be under the hand and seal of the jus tice; should set forth the time and place of making, and the cause for which it is made; and should be directed to the constable or other peace-officer. requiring him to bring the party either generally before any justice of the peace for the county, or only before the justice who granted it; the warrant in the latter case being called a special warrant. A general warrant to apprehend all persons suspected, without naming or particularly describing any person in special, is illegal and void for its uncertainty; for it is the duty of the magistrate. and should not be left to the officer to judge of the ground of suspicion. Such general warrants are expressly condemned by the constitution, in the words following- General warrants, whereby any officer or magistrate may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.”

And a warrant to apprehend all persons guilty of a crime therein specified, is no legal warrant; for the point upon which its authority rests is a fact to be decided on a subsequent trial, namely, whether the person apprehended thereupon be really guilty or not: It is therefore in fact no warrant at all, for it will not justify the officer who acts under it; whereas a lawful warrant, that is, one not defective in form and issued by a magistrate having jurisdiction in the case, will at all events indemnify the officer who executes the same ministerially. When a warrant is received by an officer, he is bound to execute it so far as the jurisdiction of himself and the magistrate extends.

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Such precept or mandate or warrant, in the absence of, or for want of a constable, may be directed to any person not

being a party, who shall be obliged to execute it in the best manner he can, under the like penalty a constable is liable to for neglect.Act 1741, c. 5, § 9.

A warrant from one of the judges extends all over the state, and is dated "North Carolina," not "Wake," or any particular county but the the warrant of a justice of one county, must be signed by a justice of the peace in another, before it can be executed there; or more properly speaking, there ought to be a fresh warrant in every fresh county.

A constable sworn and known to be an officer publicly, need not show his warrant; but he and all others making an arrest, should acquaint the party with the substance thereof. But all "private persons to whom the warrant is directed, and even officers if they be not sworn and commonly known, and even those if they act out of their proper limits, must show their warrant if demanded.

The sheriff may authorise others to execute it; but any other person to whom it is directed, must personally execute it, and any one may lawfully assist him.

An arrest in the night is good, both for the state and the citizen.

Any justice or the sheriff or constable may take of the county any number he thinks proper, to pursue, arrest, and imprison traitors, murderers, robbers, or felons; or such as do break or go about to break or disturb the peace; and every man being required, ought to assist and aid them on pain of fine and imprisonment.

Bare words will not make an arrest without laying hold of the person.-1 Salk. 79.

If a constable, after he has arrested the party by force of a warrant, suffer him to go at large, he cannot afterwards arrest him by force of the same warrant; but if the party return and put himself again in custody, he may be detained and brought before the justice in pursuance of such warrant.

Where an officer, in the execution of his office, in a civil or criminal case, kills a person that assaults and resists him; or where any officer or a private person attempts to take a man charged with felony, and is resisted, and in the endeavoring to take him, kills him, it is justifiable.

But in the latter case, the party killed should have notice, that he is pursued because a warrant is against him; 2d, the pursuer must be a lawful officer, or there must be a lawful warrant; 3d, it must be a case of necessity, namely, that the felon could not be otherwise taken.

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