Custody of children. Remedy for parental abuse. Effect of the lawful mar riage of a minor child. Remedy viding for the support Parent can § 78. The father and mother have the joint custody of the person and control of the employment of their unmarried minor legitimate child. See note to section 21, above. § 79. The abuse of parental authority is the subject of judicial cognizance in a civil action by the child or by the supervisor of the town; and when established, the child may be freed from the dominion of the parent, the parent punished, and the duty of support and education enforced. 80. The lawful marriage of a child absolves such child from the parental authority. § 81. If a parent dies leaving a child chargeable to the town and an estate sufficient for the support of the child, the supervisor of the town may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies against that estate and the heirs, devisees and next of kin, as any creditor. § 82. The parent, as such, has no control over the pro the property perty of the child. not control of child. Custody and rights of an illegitimate child. Reciprocal duties of children in § 83. The mother of an illegitimate and unmarried minor child is entitled to its custody and services, and the child is entitled to support and education from the mother, and may take from her by succession in case of intestacy. § 84. It is the duty of the father, the mother, and the parents and children, who are of sufficient ability, of any poor person maintaining who is disabled from maintaining himself or herself by work, to maintain such child or parent. The promise of an adult child to pay for necessaries furnished to such parent is binding. each other. NOTE. The provisions of the Poor Laws declare the duty of parents and children to support each other, 1 R. S., 614, § 1; but it is held that in the case of the duty of children the obligation, is purely statutory, and no other remedy exists except that provided by proceedings under those laws. It is the object of this section to recognize the obligation as a ground of legal liability independent of those provisions. parent is liable for supplied to necessaries § 85. If a parent neglects to provide for his child who is when a under his control, articles necessary for it according to his situation in life, a third person may in good faith supply such necessaries and recover the expenses thereof from the parent. Van Valkinburgh v. Watson, 13 Johns., 480; Chilcott v. $86. A parent is not bound to compensate a relative who voluntarily supports his child without any agreement for compensation, nor to compensate a stranger who supports a child who has abandoned the parent. Raymond v. Loyl, 10 Barb., 483; Clark v. Fitch, 2 Wend., § 87. A husband is not bound to maintain his wife's children by a former husband,' but if he receives them into his family and supports them, it may be presumed, unless the contrary appears, that he does so as if their parent, and they are not liable to him for their support, nor he to them for their services.2 'Gay v. Ballou, 4 Wend., 403; Williams v. Hutchinson, 5 2 Sharp v. Cropsey, 11 Barb., 224; Williams v. Hutchin- a child. When a not liable port fur parent is for sup nished his child. Husband for the supwife's chil not bound port of his dren by a former mar riage. tion and support of adult child. § 88. Where a child, after attaining majority, continues Compensato serve and to be supported by the parent, in the absence of any agreement for compensation, neither party is entitled to compensation. Dye v. Kerr, 15 Barb., 444, and see Cropsey v. Sweeney, 89. A father whose daughter has been seduced, may maintain an action for the injury to his wounded honor and parental feelings, whether the daughter was in his service or not. This is intended to modify the existing law. See Clark Action for a daughter. seduction of A parent relinquish § 90. The parent may relinquish to the child the right ing right to of controlling him and receiving his earnings.' Abandon services and custody of child. Wages of minors. Right of parent to determine the resi dence of child. Wife in certain cases custody of minor chil dren. ment by the parent is presumptive evidence of such release.2 § 91. Where a minor is employed in service, the parent or guardian must, within thirty days after the commencement of such service, give the employer notice that he claims the wages of such minor; otherwise, payment to the minor is valid. Laws of 1850, ch. 266, § 1. Same stat. 2 R. S., 5th ed., 242, § 8. § 92. A parent has a right to change the residence of his minor children, subject to the power of the supreme court to restrain a removal which would prejudice the rights or welfare of the child. Wood v. Wood, 5 Paige, 596. $93. When a husband and wife live in a state of sepamay obtain ration without being divorced, the wife, if an inhabitant of this state, may apply to any court or officer of competent jurisdiction for a writ of deliverance from imprisonment to inquire into the custody of any minor unmarried child of such marriage. If any husband or wife attaches him or herself to the society of shakers and detains a child of the marriage, the other party, if a resident of the state, may apply for such writ to inquire into the custody of such child. The proceedings thereupon must be had pursuant to the provisions of chapter V of title II of part III of the Code of Civil Procedure,' so far as the same are applicable thereto, and the court or officer may award the discharge and custody of the child to the party applying for the writ, for such time, and under such regulations as the case may require, and at any time thereafter, the court, or the officer or his successor, may annul or modify the same 2 R. S., 149, §§ 1-6. Abduction of children forbidden. The reference is to the Code of Civil Procedure as reported complete. 94. If any member of the society of shakers, or any other person sends or carries, or causes to be sent or car ried, any such child out of this state, or secretes such 2 R. S., 149, § 7. This provision may be transferred to TITLE III. MASTER AND SERVANT. SECTION 95. Who may bind themselves as apprentices. 96. Who to consent to such binding. 97. Consent, how signified. 98. Parent or guardian, when liable for breach of indenture. 99. Pauper children may be bound to service. 100. Special provision as to Indian children. 101. Age of infants to be inserted in indentures. 102. Pecuniary consideration to be inserted. 103. Special agreement to be inserted in certain cases. 104. Certain indentures, where to be deposited. 105. Indentures by foreigners, being minors. 106. How assigned. 107. Indentures, when invalid. 108. County superintendents and overseers to be guardians of servants. 109. Penalty on apprentices absenting themselves from ser vice. 110. No servant or apprentice bound by any restriction as to time 111. When the executor or administrator of a deceased master may § 95. Male minors, and unmarried females under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may voluntarily and in writing, bind themselves, as fully as if they were of age, to serve as clerks, apprentices or servants in a calling, until majority (except in the case of females who cannot bind themselves further than until the age of eighteen,) or for any shorter time. 2 R. S., 154, § 1. Who may selves as ap bind them prentices. Who to consent to such binding. Consent, how signified. Parent or guardian, $96. Such consent must be given: 1. By the father and mother; 2. If either of them is dead, or lacks capacity to consent, or has abandoned the family, and such fact is certified by a justice of the peace of the town, and indorsed on the indenture, then by the remaining parent alone; 3. If there is no parent of capacity to consent, then by the executors of a deceased parent if they have power under the will to bring up the child to a calling; 4. If there is no such parent or such executor, or if any of them refuse, then by the guardian; 5. If there is no parent of capacity to consent, and no guardian, then by the officers of the poor of the town or county, or any two justices of the peace of the town, or the county judge. 2 R. S., 154, §§ 2, 4. Modified in accordance with section 76, which gives the wife joint guardianship. § 97. Such consent must be by a certificate at the end of, or indorsed upon the indentures, and signed by the party. 2 R. S., 154, § 3. § 98. The parent or guardian is not liable for a breach when liable of the indenture by the apprentice unless the language of the indenture or consent evinces his intention to be bound therefor. for breach of inden ture. Pauper chil dren may be bound to service. Bull v. Follett, 5 Cow., 170. § 99. Any child in a county, town, or city poor-house, or who is chargeable, or whose parents are chargeable, to a county, town, or city poor-house, may be bound to service until attaining twenty-one years, or if a female, until attaining eighteen years, by the officers of the poor of such county, town or city, as effectually as by the child himself with the parents' consent; but such binding, by the officers of a town or city, must be with the consent, in writing, of any two justices of the peace of the town, or of the mayor, recorder and aldermen of the city, or any two of them. 2 R. S., 155, § 6. |