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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Same — Common law powers. — See 89 A. S. 257.

Same — In chancery and at common law. — See 18 A. D. 689.

Same — Transfer of personal property to ward. — See 5 A. C.
581.

Process — ^Waiver by guardian of service on minor. — See 95
A. D. 461.

Removal of guardians. — See 1 Church's New Probate Law
and Practice 217.

Rights and liabilities of ward. — See 1 Church's New Probate
Law and Practice, 218-221.

Rights and powers of guardians. — See 1 Church's New Pro-
bate Law and Practice, 174-178; also "Powers of Guardians," this
note.

Sale of lands by guardians. — See 1 Church's New Probate Law
and Practice 180-193.

Same — Notice of application for, as affecting validity of. —
See 120 A. D. 148; 8 L. N. S. 1215.

State guardianship of child. — See 15 L. 593.

Testamentary guardians and their powers. — See 29 A. D. 712.

§ 237. WARD, "WHAT. The person over whom or over
whose property a guardian is appointed, is called his ward.

History: Enacted March 21, 1872.

§238.- KINDS OF GUARDIANS. Guardians are either:

1. General; or,

2. Special.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

117 C. 640, 643, 59 A. S. 220, 49 P. 983.

As to many miscellaneous matters in guardianship, see note
§ 236, ante.

Testamentary guardian, — as to, see Kerr's Cyc. C. C. § 241
and note pars. 3-8; 29 A. D. 712.

§ 239. GENERAL GUARDIAN, WHAT. A general guardian
is a guardian of the person or of all the property of the
ward within this state, or of both.

History: Enacted March 21, 1872.
118



lb



Tit.III.] APPOINTMENT BY WII.L. §§ 240-243

§240. SPECIAL GUARDIAN, >VHAT. Every other is a
special guardian.

History: Enacted Marcli 21, 1872.

§241. GUARDIAN APrOINTMENT BY WILL, ETC. A

guardian of the person or estate, or of both, of a child born,
or likely to be born, may be appointed by will or by deed,
to take effect upon the death of the parent appointing:

1. If the child be legitimate, by the father, with the written
consent of the mother; or by either parent, if the other be
dead or incapable of consent.

2. If the cliild he illegitimate, by the mother.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 195, 196.

See Kerr's Cyc. C. C. for 13 pars, annotation.

84 C. 592, 596, 597, 24 P. 310 (construed); 109 C. 643. 646. 647
(referred to with other sections); 128 C. 214, 218, 79 A. S. 43,
60 P. 762 (referred to witli other sections); 130 C. 380, 383 (con-
strued), 62 P. 613.

As to many miscellaneous matters in guardianship, see note
§ 236, ante.

As to testamentary guardians and their powers, see 1 Clnirch's
New Probate Law and Practice 90, 2 Id. 1446; 29 A. D. 712.

§242. X) PERSON GUARDIAN OE ESTATE WITIKKIT
APPOINTMENT (repealed).

History: Enacted Marcli 21, 1872; repealed by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1. p. 340. held
unconstitutional; see history, § 4 ante; re-repealed March 21,
1905. Stats, and Amdts., p. 728.

Control of estate without guardianship, — as to, see Kerr's
Cyc. C. C. § 202 and note.

Power of guardian appointed by court. — as to. see Kerr's Cyc.
C. C. § 247 and note.

§24:i. APPOINTMENT OF (iUARDlW HV ((HIM (re-
pealed).

History: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 196; April 6, 1880, Code Amdts. 1880 (C.
C. pt.), p. 4; repealed by Code Commission, Act March 16. 1901,

119



§§ 244-246 CIVIL CODE. [Div.I,Pt.III

Stats, and Amdts. 1900-1, p. 340, held unconstitutional; see his-
tory, § 4 ante; re-repealed March 21, 1905, Stats, and Amdts.
1905, p. 728.

See Kerr's Cj'c. C. C. for 12 pars, annotation.

84 C. 592, 596, 24 P. 310 (construed); 109 C. 646, 647, 649, 42
P. 428 (referred to with other sections); 128 C. 214, 218, 79 A.
S. 43, 60 P. 762 (referred to with other sections); 130 C. 381,
383, .62 P. C13 (referred to in discussion).

§244. RULES FOR AWARDING CUSTODY (repealed).

History: Enacted March 21, 1872; amended April 6, 1880, Code
Amdts. 1880 (C. C. pt.), p. 4; repealed by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 340, held unconstitu-
tional; see history, § 4 ante; re-repealed March 21, 1905, Stats,
and Amdts. 1905, p. 728.

Non-resident — Appointment of guardian over property situ-
ated in this state of non-resident infant. See Kerr's Cyc. C. C.
§§ 1793 et seq. and notes.

§245. JURISDICTION (repealed).

History: Enacted March 21, 1872; repealed by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 340, held
unconstitutional; see history, § 4 ante; re-repealed March 21,
1905, Stats, and Amdts. 1905, p. 728.

Maintenance^Failure, neglect, or refusal of guardian to sup-
ply ward with suitable and necessary maintenance, etc., court
may compel. See Kerr's Cyc. C. C. P. § 1771 and note.

§246. RULES FOR AWARDING THE CUSTODY, OR
APPOINTING A GENERAL GUARDIAN OF MINORS. In

awarding the custody of a minor, or in appointing a general
guardian, the court or officer is to be guided by the following
considerations :

1. By what appears to be for the best interest of the child
in respect to its temporal and its mental and moral welfare;
and if the child is of a sufficient age to form an intelligent
preference, the court may consider that preference in deter-
mining the question;

2. As between parents adversely claiming the custody or
guardianship, neither parent is entitled to it as of right; but

120



•J



lb



Tit.III.] AWARDING CUSTODY. § 246

other things being equal, if the child is of tender shears, it
should be given to the mother; if it is of an age to require
education and preparation for labor and business, then to
the father;

3. Of two persons equally entitled to the custody in other
respects, preference is to be given as follows:

(1) To a parent;

(2) To one who was indicated by the wishes of a deceased
parent;

(3) To one who already stands in the position of a trustee
of a fund to be applied to the child's support;

(4) To a relative.

4. Any parent who [1] knowingly or wilfully al)andons, or
[2] having the ability so to do, [3] fails to maintain his minor
child under the age of fourteen years, forfeits the truanlian-
ship of such child; and any parent or guardian who [1] know-
ingly permits his child or ward to remain for the space of
one year in any orphan asylum of this state, wherein such
child is supported by charity, and who, [2] during such period,
fails to give notice in writing to the managers or officers
of such asylum that he is such parent or guardian, .abandons
and forever forfeits all rifyht to the i;nardiansliip, care, cus-
tody, and control of such child. The officers and managers
of any orphan asylum having any such abandoned child in its
care have the preferred right to the guardianship of such
child.

HlMtory: Enacted March 21, 1872; amended Marcli 30, 1874,
Code Anidts. 1873-4, p. 196; amended bj' Code Commission, Act
March Ifi, 1901, Stats, and Amdts. 1900-1, p. 340, held unconstitu-
tional; see history, § 4 ante; amendment re-enacted ^arch 21,
1905. Stats, and Amdts., pp. 728-729.

See Kerr's Cyc. C. C. for 7 pars, annotation.

109 C. 643, 661, 42 P. 428 (referred to in discussion); 130 C.
380, 381, 382, 62 P. 013 (construed); 142 C. 423, 426, 76 P. 37
(construed); 1 C. A. 529, 531, 82 P. 558 (applied).

As to custody, etc., of minors, see note § 197. ante.

As to guardianship of minors, see note § 236. ante.

As to many miscellaneous matters of guardianship, see note
§ 236. ante.

121



§§ 247-249 CIVIL CODE. [Div.I.Pt.III.

§ 247. POWERS OF GUARDIA?f APPOINTED BY COURT

(repealed).

History: Enacted March 21, 1872; repealed by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held
unconstitutional; see history, § 4 ante; re-repealed March 21,
1905, Stats, and Amdts. 1905, p. 729.

See Kerr's Cyc. C. C. for 11 pars, annotation.

117 C. 640, 644, 49 P. 983, 59 A. S. 220, 49 P. 983 (applied);
143 C. 402, 403, 77 P. 156 (guardian's authority superior to that
of parent).

Right of testamentary guardian to custody of ward's person,
— as to, see Kerr's Cyc. C. C. § 241 note par. 13. _j

§248. DUTIES OF GUARDIANS OF THE PERSON

(repealed).

History: Enacted March 21, 1872; repealed by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held
unconstitutional; see history, § 4 ante; re-repealed March 21,
1905, Stats, and Amdts. 1905, p. 729.

See Kerr's Cyc. C. C. for 2 pars, annotation.

128 C. 214, 218, 79 A. S. 43, 60 P. 762 (referred to with other
sections); 142 C. 423, 426, 76 P. 37 (referred to with other sec-
tions); 143 C. 402, 403, 77 P. 156 (guardian's authority superior
to that of parent); 2 C. A. 70, 87, 83 P. 89 (reference to decision
resting upon express prohibition of section).

Custody of ward's person — As to, see Kerr's Cyc. C. C. § 197
and note, § 247 note pars. 3, 4; also note § 697, ante.

§249. DUTY OF GUARDIAN OF ESTATE (repealed).

Hi.story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 197; April 6, 1880, Code Amdts. 1880 (C.
C. pt.), p. 5; repealed by Code Commission, Act March 16, 1901,
Stats, and' Amdts. 1900-1, p. 341, held unconstitutional; see his-
tory, § 4 ante; re-repealed March 21,- 1905, Stats, and Amdts.
1905, p. 729.

See Kerr's Cyc. C. C. for 8 pars, annotation.

116 C. 386, 388, 47 P. 320; 116 C. 386, 388, 48 P. 326; 117 C. 640,
644, 59 A. S. 220, 49 P. 983 (applied with other sections); 121 C.
468, 472, 53 P. 936 (referred to in discussion); 124 C. 154, 157,
56 P. 896 (quoted in opinion); 134 C. 114, 116, 66 P. 187 (con-
strued).

As to many miscellaneous matters of guardianship, see note
§ 236, ante.

122



Tit.III.] DEATH, ETC., OF GUARDIAN. §§ 250-253

§250. RELATION CONFIDENTIAL. The relation of guard-
ian and ward is confidential, and is subject to the' provisions
of the title on Trust.

Ili.slory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
116 C. 386, 391, 48 P. 326.

As to trusts, generally, see Kerr's Cyc. C. C. §§ 2215-2250 and
notes.



§251. GUARDIAN UNDER DIRECTION OF COURT. In

the management and disposition of the person or property
committed to him, a guardian may be regulated and controlled
by the court.

History: Enacted March 21, 1872.
6 C. A. 597, 599, 92 P. 671 (cited).

§252. DEATH OF A JOINT GUARDIAN. On the death of
one of two or more joint guardians, the power continues to
the survivor until a further appointment is made by the
court.

IliNtory: Enacted March 21, 1872.

Supervisorship between cotrustees, — as to, see Kerr's Cyc. C.
C. § 2288 and note.

§253. REMOVAL OF GUARDIAN. A guardian may bo
removed by the superior court for any of the following
causes:

1. For abuse of his trust;

2. For continued failure to perform its [his] duties;

3. For incapacity to perform its [his] duties;

4. For gross immorality;

5. For having an interest adverse to the faithful perform-
ance of his duties;

6. For removal from the state;

7. In the case of a guardian of the property, for insol-
vency; or,

123



§§ 254, 255 CIVIL CODE. [Div.I.Pt.III.

8. When it is no longer proper that the ward should be
under guardianship.

History: Enacted March 21, 1872; amended April 6, 1880, Code
Amdts. 1880 (C. C. pt.), p. 5.

See Kerr's Cyc. C. C. for 7 pars, annotation.

143 C. 402, 409, 77 P. 156 (cited).

As to many miscellaneous matters of guardianship, see note
§ 236, ante.

Removal and resignation of guardian, — as to, see Kerr's Cyc.
C. C. P. § 1801 and note; 1 Church's New Probate Law and
Practice 217.

§254. GUARDIAN APPOINTED BY PARENT, HOW
SUPERSEDED. The power of a guardian appointed by a
parent is superseded:

1. By his removal, as provided by section two hundred and
fifty-three;

2. By the solemnized marriage of the ward; or,

3. By the ward's attaining majority.

Hi.story: Enacted March 21, 1872.

121 C. 468, 474, 53 P. 936 (miscited for § 255 in connection
with Code Civ. Proc. § 1753).

As to many miscellaneous matters of guardiansliip, see note
§ 236, ante.

§255. SUSPENSION OF POWER OF GUARDIAN. The

power of a guardian appointed by a court, is suspended only:

1. By order of the court; or,

2. If the appointment was made solely because of the ward's
minority, by his attaining majority; or,

. 3. The guardianship over the person of the ward, by the
marriage of the ward.

Hi.story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 197; repealed by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held unconstitu-
tional; see history, § 4 ante.

143 C. 221, 230, 234, 77 P. 65 (cited, effect of ward's marriage).
As to many miscellaneous matters of guardianship, see note
§ 236, ante.

124



II



Tit.ITL] RELEASE, DISCHARGE. §§.256-258

§256. RELEASE BY ^VAKD. After a ward has come to
his majority, he may settle accounts with his guardian, and
give him a" release, which is valid if obtained fairly and
without undue influence.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
143 C. 221, 229, 77 P. 65 (construed with § 257).
As to many miscellaneous matters of guardiansliip, see note
§ 236, ante.

§257. GUARDIA>''S DISCHARGE. A guardian appointed
by a court is not entitled to his discharge until one year after
the ward's majority.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

121 C. 468, 475 (applied, but erroneously cited as C. C. P.), 53
P. 936, 939 (correct citation); 143 C. 221, 229, 234, 77 P. 65
(construed with § 256).

Discharge of guardian of insane person on sliowing, on appli-
cation of ward or otlierwise, that guardiansliip is no longer
necessary. — See Kerr's Cyc. C. C. P. § 1802 and note.

Marriage of minor ward terminates guardianship. — See Kerr's
Cyc. C. C. P. § 1802 and note.

§258. IJfSANE PERSONS (repealed).

History: Enacted March 21, 1872; amended April 6, 1880, Code
Amdts. 1880 (C. C. pt.), p. 5; repealed by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held unconsti-
tutional; see history, § 4 ante; re-repealed March 21, 1905, Stats,
and Amdts. 1905, p. 729.

Guardianship of insane person and incompetent person, when
and how made, hearing.and examination, etc., — as to, see Kerr's
Cyc. C. C. P. §§ 1763-1767 and notes.



125



§ 264 CIVIL CODE. [Div.I,Pt.III.

TITLE IV.

MASTER AND APPRENTICE.

§ 264. Minors, when and to whom may be bound as appren-
tices.

§ 265. Persons who may bind minor with liis consent.

§ 266. Indenture of apprenticeship, liow to be executed and
what to contain.

§ 267. Jury trial as to facts of incapacity, etc., of parent.

§ 268. Apprenticing of poor and liomeless minors.

§ 269. Master to keep apprentice within the state, to deliver
him money and other property therein.

§ 270. Duty to inquire into the treatment of minor appren-
tices.

§ 271. Hearing of complaints of apprentices.

§ 272. Power of court to discharge apprentice from appren-
ticeship.

§ 273. Liability of master for breach of his covenant.

§ 274. Liability of, and proceedings against, apprentices guilty
of gross misbehavior.

§ 275. Enticing away apprentices and liability for.

§ 276. Release of master moving out of state or quitting
business.

§ 264. MIIVOKS, WHEN AND TO WHOM MAY BE BOUND
AS APPRENTICES. Every minor of the age of fourteen years
or upwards may be bound by indenture as an apprentice to
any mechanical trade or art or tlie occupation of farming
to the age of eighteen, if a female, or to the age of twenty-
one years, if a male.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Anidts. 1900-1, p. 341, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 560.

See Kerr's Cyc. C. C. for 26 pars, annotation.

As to assignments of contracts of apprenticeship, see 25 A.
D. 180.

As to contract of apprenticeship and the power of an infant
to bind himself thereby, see 23 A. D. 659, 34 A. D. 588, 32 A. R.
155, 18 A. S. 619-627.

126



I



Tit. TV.] WHO MAY BIND MINOR. §§ 265, 266

As to the effect of part performance of contract for services
by infants, see 24 L. 231-235.

As to right of an infant to repudiate contract for services
and sue on quantum meruit, see 15 L. 211.

As to right of infant to disaffirm or rescind contract, see
Kerr's Cyc. C. C. § 235 and note.

§265. PERSONS >VIIO MAI BIND MINOR WITH HIS
CONSENT. A minor, with his consent, may be bound by [1]
his father, or, in case of his [a] death or [b] incompetency,
or where he has [c] wilfully abandoned his family for one
year without making suitable provision for their support, or
[d] is habitually intemperate in the use of intoxicants, or
[c] is a vagrant, then by [2] his mother or [3] legal guardian.
An [4] executor who, by the will of the father, is directed to
bring up a child to a trade or calling, has power to bind
by indenture in like manner as the father might have done,
if living. If a child is iilotfitiinate, the mother alone has
power to bind him. If a minor has no parent or guardian
competent to act for him, he may bind himself, with the
api)roval of the superior court of the county wherein he
resides. [Mother marrying!:.] If the mother of a minor,
whether legitimate or illegitimate, marries after his birth, she
cannot bind him without the approval of such superior court.

IliMtorys Enacted March 21, 1872; amended April 6, 1880, Code
Amdts. 1880 (C. C. pt.), p. 5; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held unconsti-
tutional; see history, § 4 ante; amendment re-enacted March 21,
1905. Stats, and Amdts. 1905, p. 561.

See Kerr's Cyc. C. C. for 25 pars, annotation.
As to indorsement of consent on indentur<\ sio Korr's Cyc.
C. C. § 266 and note.

§2«(5. INDENTrRE OF Vri'REXTK ESUir, HO>V TO BE
EXE( UTEI) AND WHAT 'n> ( ONTAIX. Every indenture of
apprenticeship [1] must be executed in dui)licate, [2] must
state the age of the minor, and, except as hereinafter pro-
vided, [3] must show that he consented thereto, [4] must be
signed by him and the person binding and the master, and
when made with the approval of the snperior court, [5] a

127



§ 267 CIVIL CODE. [Div.I,Pt.III.

certified copy of the order of approval must be attached to
the indenture. One copy of the indenture [6] must be deliv-
ered to the master and [7] the other kept for the use of
the minor by his parent or guardian w^hen executed by him,
or, when made w^ith the approval of the court, [8] it must be
filed and deposited with the clerk for safekeeping for the
use of the minor. No indenture binds the minor after tlie
deatli of the master, but thereafter the minor may be bound
anew. Every indenture entered into otherwise than as herein
provided is, as against the apprentice, absolutely void.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 561.

See Kerr's Cyc. C. C. for 23 pars, annotation.

As to conseTit in general, see Kerr's Cyc. C. C. § 265 and note.

As to evidence of consent, see 2 Encyc. L. 492; 3 Cyc. 548.

As to form and validity of indenture of apprenticeship, see 3
Cyc. 543.

As to necessity of inserting- age of minor in deed, see 2 Encyc.
L. 496; 3 Cyc. 550.

As to signature, see Kerr's Cyc. C. C. § 265 note par. 23.

As to validity of instrument not fully complying with statute,
see 2 Encyc. L. 497.

§267. JURY TRIAL AS TO FACTS OF INCAPACITY,
ETC., OF PARENT. Facts of incapacity, desertion, habitual
intemperance, and vagrancy must be decided in said court
by a jury, before the indenture can take effect, and an indorse-
ment on the indenture, under seal of the court, that the
charge or charges are proved, is sufficient evidence of the
mother's power to give such consent; but if the jury does
not find the charge or charges to be true, the person at whose
instance such proceedings may have been had must pay all
costs attending the same.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 341, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 561.

As to power of mother to consent to bind minor, see Kerr's
Cyc. C. C. § 365 note pars. 10-14.

128



r

lllli Tit.IV.] APPRENTICING HOMELESS. §§268,269

§268. APPBEXTICIIfG OF POOR A>D HOMELESS
MINOE. When a minor is poor, homeless, chargeable to the
county or state, or an outcast, who has no visible means of
'obtaining an honest livelihood, the superior court may, with
his consent, bind him as an apprentice during his minority.
Proceedings therefor may he instituted by any citizen, and
no fee must be charged by any officer for any act in con-
nection therewith. In all indentures by the court for binding
out an orphan or homeless minor as an apprentice there
must be inserted among other things, [1] a clause to the
following effect: that the master to whom such minor is
bound must cause him to be taught to read and write and
the ground rules of arithmetic, ratio and proportion, and
must give him the requisite instruction in the different
branches of his trade or calling, and, [2] at the expiration
of his term of service, must give him or her fifty dollars in
gold, and [3] two whole new suits of clothes, to be worth in
the aggregate at least sixty dollars gold.

History: Enacted March 21, 1872; amended by Code Comniis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 342, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, pp. 561, 562.

See Kerr's Cyc. C. C. for 24 pars, annotation.

As to binding by overseers of poor, etc., see 2 Encyc. L. 492.

As to consent, execution, and approval of apprenticeship deed,
see 3 Cyc. 548.

As to duty to furnish medical aid to apprentice, see 28 L.
546. 555.

As to necessity of providing for education of child, see 2
Encyc. L. 496, 513.

As to necessity of providing for instruction in some trade or
business, see 3 Cyc. 549.

As to necessity of signature of master, see 11 Encyc. L. 495.

As to notification, see 3 Cyc. 546.

As to presence of Infant in court, see 3 Cyc. 546.

As to proceedings for apprenticing, see 3 Cyc. 546.

As to tJie mode of binding apprentices, see 2 Encyc. L. 489.

§2<JJ). MASTER TO KEEP APPHENTK E WITHIN THE
STATE, TO DELIVER HIM MONEY AND OTHER PROP-
ERTY THEREIN. A master must not remove his apprentice
Kerr's C. C— 5 129



§§ 270, 271 CIVIL CODE. [Div.I.Pt.IlI.

out of the state, and must pay and deliver to him the money,
clothes, and other property to which he is entitled under
the indenture of apprenticeship, to be held by him as his sole
property.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 342, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1901, p. 562.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to removal of master from state or jurisdiction, see 3
Cyc. 562, 2 Encyc. L. 502. See also Kerr's Cyc. C. C. § 276, note.

§270. DUTY TO INQUIRE INTO THE TREAT.ITENT OF
MINOR APPRENTICES. Parents and guardians and such
court must, from time to time, inquire into the treatment of
children bound by them respectively, or with their approval,
and the judges of such courts are responsible for the charge
of apprentices bound by a court or with its approval, and
must defend them from all cruelty, neglect, breach of con-
tract, or misconduct on the part of their masters.

HlMtory: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Aipdts. 1900-1, p. 342, held
unconstitutional; see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 5fi2.

§271. HEARING OF COMPLAINTS OF APPRENTICES.

The superior court must hear the complaints of apprentices
who reside within the county against their masters, alleging
[1] undeserved or immoderate correction, [2] insufficient
allowance of food, raiment, or lodging, [3] want of instruction
in the different branches of their trade or calling, or [4] that
they are in danger of being removed out of the state, or [5]
any violation of the indenture of apprenticeship, and the court



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