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of a which the said R. J. now uses, and to live with, continue, and serve him as an apprentice from the day of the date hereof (or from the
next coming) unto the full end and term of seven years from thence next ensuing and fully to be complete and ended. During all which said term of seven years, the said A. B. doth covenant and promise to and with the said R. J. that he, the said C. D., shall and will well and faithfully serve and demean himself, and be just and true to him the said R. J. as his master, and keep his secrets, and everywhere willingly obey all his lawful commands; that he shall do no hurt or damage to his said master in his goods, estate, or otherwise, nor willingly suffer any to be done by others, and whether prevented or not, shall forthwith give notice thereof to his said master; that he shall not embezzle or waste the goods of his said master, nor lend them without his consent to any person or persons whatsoever; that he shall not traffic, or buy and sell, with his own goods, or the goods of others, during the said term, without his master's leave; that he shall not play at cards, dice, or any other unlawful games, whereby his said master may sustain any loss or damage, without his consent; that he shall not haunt or frequent play-houses, taverns or ale-houses, except it be about his master's business there to be done ; and that he shall not at any time, by day or night, depart or absent himself from the service of his said master without his leave ; but in all things, as a good and faithful apprentice, shall and will demean and behave himself to his said master, and all his during the said term. And for and in consideration of the sum of to him in hand paid, etc., the receipt, etc., the said R. J. doth covenant promise, and agree to teach and instruct his said apprentice, or otherwise cause him to be well and sufficiently taught and instructed, in the said trade
after the best way and manner that he can; and shall and will also find and allow unto his said apprentice meat, drink, washing, lodging, and apparel, both linen and woolen, and all other necessaries in sickness and in health, meet and convenient for such an apprentice, during the term aforesaid ; and at the expiration of the said term, shall and will give to his said apprentice (over and above his then clothing) one new suit of apparel, viz., coat, waistcoat, and breeches, hat, shoes, and stockings, and linen, fit and suitable for such an apprentice.
In Witness Whereof, The said parties have interchangeably set their hands and seals hereunto. Dated the
in the year of o'r Lord one thousand nine hundred and
(Signatures.) (Seals.) (Witnesses.)
(3.) Shorter Indenture of Apprenticeship. This Indenture Witnesseth, That by and with the consent of
hath put himself, and by these presents doth voluntarily, and of his own free will and accord, put himself Apprentice to to learn the art, trade, and mystery of and after the manner of an Apprentice to
serve the said
for and during, and to the full end and term of next ensuing. During all which time the said Apprentice doth covenant and promise, that he will serve his master faithfully, keep his secrets, and obey his lawful command ; that he will do him no damage himself, nor see it done by others, without giving him notice thereof—that he will not waste his goods, nor lend them unlawfully—that he will not contract matrimony within the said term—that he will not play at cards, dice, or any other unlawful game, whereby his master may be injured—that he will neither buy nor sell, with his own goods or the goods of others, without license from his master—and that he will not absent himself day nor night from his master's service, without his leave—nor haunt ale-houses, taverns or playhouses, but in all things behave himself as a faithful Apprentice ought to do during the said term. And the said master on his part doth covenant and promise, that he will use the utmost of his endeavors to teach, or cau e to be taught or instructed, the said Apprentice in the art, trade, or mystery of and will procure and provide for him sufficient meat, drink, clothing, lodging, and washing, fitting for an Apprentice, during the said term, and will give him quarters schooling during the said
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 said parties have interchangeably set their hands and seals hereunto. Dated the day of
in the year of ou Lord one thousand nine hundred and
Executed and delivered before
By the original common law of this country, a married woman is wholly incapable of entering into mercantile contracts on her own account. By the fact of marriage, her husband becomes possessed of all her real estate during her life, and if a living child be born of the marriage, he has her real estate during his own life, if he survive her. This life-right in her real estate is called, in law, his tenancy by the curtesy.
All the personal property which she has in actual possession
becomes by common law, absolutely his, as entirely as if she had made a transfer of it to him. But by property in possession the law means only her goods and chattels; or things which can be handled; and which actually are in her hands, or under her direct and immediate control. If she have notes of hand, money due her, or shares in various stocks, these are not considered as things in possession, but as things in action.
Things in possession are those things which one has now in his hands, and things in action (called in law choses in action), those which are so called because he who owns them cannot get possession of them without an action, if other persons choose to resist him. All debts, and evidences of debt, as bonds, notes, and all shares in stocks, whether national or State, or of incorporated companies or other companies, are things in action. But bank-bills are usually regarded as money, and therefore as things in possession. The common law makes a wide difference between things in possession and things in action in many respects.
The common law of husband and wife as to things in action is this. The husband may, if he pleases, reduce them to his possession, and so make them absolutely his own. In general, he does this by any act which is distinctly an act of ownership; as if he demands and collects the debts due to her, or indorses her notes—which he can do in his own name—and sells them, or has the stock transferred to his own name, or, in general makes any final and effectual disposition of these things in action. Then they have become absolutely his own.
If, however, he does not reduce them to possession, and dies, and she survives him, her whole right and property revive at his death, without any interest whatever in his representatives. And even if he disposes of them by will, this is ineffectual, unless he had reduced them into his possession while he lived.
If, however, he survives her, he will be made, if he wishes it, her administrator, and then can collect all her things in action, and hold them or their proceeds as his own. And if she dies, and then he dies before he has collected these things in action, administration on his wife's effects will be granted to his next of kin, and not to hers; and when collected, they will belong to his estate.
On the other hand, the husband is liable, by the common law, with her, for all the debts for which his wife was liable when he married her. This is true whether they were then payable, or did not mature until after the marriage; and whether he received anything with her or not. If he does not pay them, and dies before the creditor has obtained a judgment against him, his estate is not liable, even if he had a fortune with her, and that fortune goes to his heirs or his creditors, and her creditors get nothing. So it is if the wife dies before the creditor recovers a judgment against the husband, and the husband then retains all her fortune. But her responsibility revives at his death, and she is liable as before marriage, even if she carried him a fortune, and all her fortune went, as above stated, to his representatives. But if she dies, leaving things in action not reduced by the husband to possession, and he reduces them to his possession as her administrator, he must apply them to the payment of her debts, and can hold for himself only what is left after such payment.
Such, we have said, is the common law of England and of this country. We have stated it, because it is the origin and common foundation of the law everywhere. But it is not just or right; and there are few, perhaps no one of our States, in which it remains wholly unqualified by statutory provisions, But these provisions are very various; and in some of the States they change with almost every year.
By the common law a widow is entitled to dower, that is, to the use and occupation during her life of one-third of the lands owned by the husband at any time during the existence of the marriage relation between them.
In nearly all the States a married woman conveys her own real estate, and releases dower by joining in a deed with her husband; but she is not generally bound by covenants therein, and, in many, must be separately examined. In most, she has a certain time, after removal of the disability of coverture, to assert her different rights, otherwise barred. Generally, devises or conveyances to husband and wife create a joint-tenancy, unless the terms of the devise or conveyance are expressly otherwise. And, upon the marriage of a woman who is plaintiff or defendant, the suit does not abate, but the husband may be admitted to prosecute or defend with her.
I give here an Abstract of the law of husband and wife, as it stands in the Statutes of the several States and Territories.
For statute provisions respecting homesteads, see the Abstract of Laws relating to the Collection of Debts.
ALABAMA. All property of wife acquired before or after marriage is her separate property and not liable for debts of husband. Her earnings and any damages recovered for injury to person or property are her separate estate. She remains solely liable for torts committed before marriage. Husband is not liable for
wife's contracts after marriage, or for her torts, unless he participates. She has full capacity to contract as if sole. She must sue and be sued alone on all her contracts and torts. Husband must join in sale of her lands, unless he has abandoned her, is insane, a non-resident, or imprisoned under two years' sentence. She cannot become surety for her husband. Husband and wife may contract directly with each other, subject to rules of law as to persons in confidential relations. She may carry on business in her own name on filing in the probate court written consent of her husband. A widow having no separate estate is entitled to dower of one-third of husband's lands if issue or estate insolvent, and if no issue and estate is solvent, one-half. If she has a separate estate equal to the interest she would otherwise take as dower, she shal! not be entitled to such interest, or if her separate estate is less than such interest, she shall be entitled to enough to equalize her separate and such interest. Married women over eighteen have the same rights as though of full age.
ALASKA. All property of the wife acquired before or after marriage is her separate property and is not liable for the husband's debts. She can manage and dispose of the same by will as freely as if unmarried. She may recover damages without the husband being joined as plaintiff in the action, and he is not liable for her torts. She can contract as freely as if unmarried. The wife may record a list of her separate property, which will be prima facie evidence of her separate ownership, while property not so registered will be deemed prima facie to belong to the husband. Conveyances and transfers may be made between husband and wife, and liens created, and either may be the attorney of the other. A woman becomes of age at twenty-one, or upon being lawfully married.
ARIZONA. All property of the wife owned by her before marriage, or afterwards acquired by gift, devise, bequest, or descent, is her separate property, and is not liable for debts of the husband. All property acquired by either husband or wife after marriage, except by gift, devise, bequest, or descent, is the common property of both, and during coverture can be disposed of by him only, but she must join in all deeds and mortgages of real estate. She may sue and be sued, in reference to her separate property, as though unmarried, and may carry on business in her own name by complying with certain statutory provisions. If of the age of eighteen years or over, she shall have the sole and exclusive control of her separate property, and may sell and convey her lands without being joined by the husband. Dower and curtesy are abolished and the rights of the survivor are regulated by statute.
ARKANSAS. In ARKANSAS, a married woman may be seized in her own right of any property not coming from her husband. She cannot be executrix. Her real and personal property are her sole property, and are not liable for her husband's debts, but may be controlled by her, and she may sue or be sued on account thereof, as if unmarried. The filing of a schedule of such separate property in the office of the recorder of the county where she lives is prima facie evidence of her title. May make a will; may insure her husband's life for her own benefit; may manage and carry on business with her separate estate; and her contracts in respect thereto are not binding on her husband. A widow is entitled to dower of one-third of all lands in which the husband had an estate of inheritance during marriage, not released by her, and one-third of the personal property. If no children, she takes one-half of each as against the heirs and against creditors one-third, if the estate is newly acquired, but if it is ancestral, she will take only a life interest in one-third of the real property.
CALIFORNIA. A married woman may hold, convey, and devise real and personal estate. Either husband or wife may enter into any engagement or transaction with