Chapter 10

COL12010619GCA PERSONAL RELATIONS CH.10MASTER &APPRENTICE 1CHAPTER 10 MASTER AND APPRENTICE § 10101. Minors May Bind Themselves. § 10102. Persons Who May Bind Minor With His Con sent. § 10103. Apprenticeship, Generally . § 10104. Incapacity , Jury Trial. § 10105. Abandoned Minors Apprenticed. § 10106. Apprentice Ke pt W ithin Court Juris diction. § 10107. Investigation in Minors Treatment. § 10108. Complaints to be Heard. § 10109. Discharge Generally . § 10110. Covenant; Liability . § 10111. Refusal of Apprentice to do His Duty . § 10112. Liability Persuading Runaway . § 10113. Master Leaving Guam. § 10101. Minors May Bind Themselves . Every minor of the age of fourteen (14) years or upwards, may be bound by inden ture as an apprentice to any mechanical trade or art or the occupation of farming to the age of eighteen (18) y ears, if a female, or to the age of twenty -six (26) years, if a male. SOURCE : '264 CC. § 10102. Persons Who May Bind Minor With His Consent . A minor, with his consent, may be bound by his father, or, in case of his death or incompetency , or where he has willfully aban doned his family for one (1) year without making suitable provisions for their sup port,

consent, may be bound by his father, or, in case of his death or incompetency , or where he has willfully aban doned his family for one (1) year without making suitable provisions for their sup port, or is habitually intemperate in the use of intoxi cants, or is a vagrant, then by his mother or legal guard ian. An execu tor, who, by the will of the father , is direct ed 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 illegitimate, 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 approval of the Superior Court. If the mother of a minor , whether legiti mate or illegiti mate, marries after his birth, she cannot bind him without the approval of such Superior Court. SOURCE : '265CC. § 10103. Apprenticeship, Generally . COL12010619GCA PERSONAL RELATIONS CH.10MASTER &APPRENTICE 2Every indenture of apprenticeship must be executed in duplicate, must state the age of the minor, and, except as hereinafter provided, must show that he consented thereto, must be signed by him and the person bind ing and the master ,

ust be executed in duplicate, must state the age of the minor, and, except as hereinafter provided, must show that he consented thereto, must be signed by him and the person bind ing and the master , and when made with the approval of the Superior Court, a certified copy of the order of approval must be attached to the indenture. One copy of the indenture must be delivered to the master and the other kept for the use of the minor by his parent or guardian when executed by him, or, when made with the approval of the court, it must be filed and deposited with the clerk for safe keeping for the use of the minor. No inden - ture binds the minor after the death 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, absolute ly void. SOURCE : '266 CC. § 10104. Incapacity, Jury T rial. Facts of incapacity , deser tion, habitual intemperance, and vagrancy must be decided in said court, before the indenture can take effect, and an endorse ment on the indenture, under seal of the court, that the charge or charges are proved, is suffi cient evidence of the mother's power to give such consent;

he indenture can take effect, and an endorse ment on the indenture, under seal of the court, that the charge or charges are proved, is suffi cient evidence of the mother's power to give such consent; but if t he court 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. SOURCE : '267 CC . § 10105. Abandoned Minors Apprenticed . When a minor is poor, homeless, charg eable to the Territory , 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 . Proceed ings therefor may be instituted by any citizen, and no fee must be charged by any officer for any action in connection 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, a clause to the following effect: That the master t o 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 differ ent branch es of his trade

r 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 differ ent branch es of his trade or calling, and at the expiration of his term of service, must give him or her Fifty Dollars ($50.00), and two (2) whole new suits of clothes, to be worth in the aggre gate at least Sixty Dollars ($60.00). SOURCE : '268 CC. COL12010619GCA PERSONAL RELATIONS CH.10MASTER &APPRENTICE 3§ 10106. Apprentice Kept Within Court Juris diction . A mast er must not remove his appren tice out of the Territory , and must payand 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 . SOURCE : '269 CC. § 10107. Investig ation in Minors T reatment . 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 contract, or misconduct on

d 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 contract, or misconduct on the part of their masters. SOURCE : '270 CC. § 10108. Complaints to be Heard . The Supe rior Court must hear the complaints of app rentices, who reside within Guam, against their masters, alleging undese rved or immoder - ate correction, insufficient allowance of food, rai ment, or lodging, want of instruction in the different branches of their trade or calling, or that they are in dang er of being removed out of Guam, or any violation of the indenture of apprentice ship, and the court must hear and determine such case and make such order therein as will relieve the party in the future. SOURCE : '271 CC. § 10109. Discharge Generally . The Superior Court has power, where circumstances require it, to discharge an apprentice from his appren ticeship, and, in case any money or other thing has been paid or contracted to be paid by either party in relationship to the apprenticeship, the court m ust make such order concerning the same as seems just and reasonable.

ny money or other thing has been paid or contracted to be paid by either party in relationship to the apprenticeship, the court m ust make such order concerning the same as seems just and reasonable. If the apprentice so discharged was originally bound by the Superior Court it must, if found necessary , again bind such minor if under age. SOURCE : '272 CC. § 10110. Covenant; Liabilit y. Every master is liable to an action on the indenture for a breach of any covenant thereof on his part. All damag es recovered in such action, after COL12010619GCA PERSONAL RELATIONS CH.10MASTER &APPRENTICE 4deducting necessary charges in its prosecution, belong to the minor, and must be applied and appropriate d to his use by the person recovering it in his behalf, and must be paid to the minor , if a male, at the age of twenty -one (21) years, and if a female, at the age of eighteen (18) years. If no action is brought during the minority of the apprentice, it may becommenced by him in his own name at any time within two (2) years after his coming of age. SOURCE : '273 CC. § 10111. Refusal of Apprentice to do His Duty .

g the minority of the apprentice, it may becommenced by him in his own name at any time within two (2) years after his coming of age. SOURCE : '273 CC. § 10111. Refusal of Apprentice to do His Duty . An appren tice who is guilty of any gross misbehavior , or refusal to do his duty , or willful n eglect thereof, is liable to the complaint of his master in the Superior Court. Such complaint must set forth the circumstances of the case, and have attached thereto a citation, signed by the clerk of the court, requiring him and all persons who have cove nanted in his behalf to appear and answer the complaint within ten (10) days after the service thereof. The complaint and citation must be served in the manner required for serving civil process. When the parties have answered or when, though they have notanswered, the time therefor allowed after the service of the complaint has expired, the court must proceed to hear and determine the cause, and, if the evidence warrants it, may render judgment that the master be discharged from the contract or apprentic eship and for costs of suit. Such costs may be recovered from the parent or guardian of the minor, if there is any who signed the

judgment that the master be discharged from the contract or apprentic eship and for costs of suit. Such costs may be recovered from the parent or guardian of the minor, if there is any who signed the indenture, and execution there for may issue accordingly . If there is no parent or guardian liable for such costs, the execut ion may be issued therefor against the minor , or the amount thereof may be recovered in an action against him after he arrives at full age. He is also liable to the master in an action on the indenture for the breach of any covenant on the part of the appr entice contained therein, commit ted before the master was discharged from the inden ture. SOURCE : '274 CC. § 10112. Liability Persuading Runaway . It is unlawful for any person to entice, counsel, or persuade to run away , any apprentice, or to harbor, o r conceal him knowing him to be a runaway. Any party so offending is guilty of a violation, and may be fined not more than One Hundred Dollars ($100.00), to be recovered by the master in any court having jurisdiction. SOURCE : '275 CC as amended by P .L. 13 -187:3. § 10113. Master Leaving Guam .

ay be fined not more than One Hundred Dollars ($100.00), to be recovered by the master in any court having jurisdiction. SOURCE : '275 CC as amended by P .L. 13 -187:3. § 10113. Master Leaving Guam . COL12010619GCA PERSONAL RELATIONS CH.10MASTER &APPRENTICE 5Whenever any master wishes to remove out of Guam, or to quit his trade or business, he must appear with his apprentice before the Superior Court, and if the court is satisfied that the master has done justice to the apprentice for the time he has had charge of him, the court has power to discharge the master from the indenture and to again bind the apprentice, if necessary . SOURCE : '276 CC. NOTE : Island Court changed to Superior Court inthis Chapter as authorized b y P.L.12-85. ----------COL120106