of the apprentice will be subserved thereby. The age of children when apprenticed shall always be inserted in the indenture.

1889, c. 169, s. 3. Effect of recital of age in indenture under former statute reviewed in Hooks v. Perkins, 44-21.

199. Relator in action on indenture; limitation. The apprentice. may bring an action on the indenture in the name of the clerk and his successors in office and recover any damages sustained by reason of the breach of the covenants contained in said indenture; but no action on an indenture shall be commenced after two years from the expiration of the term of service.

1889, c. 169, s. 11. Under prior statute action brought in name of clerk, see Creech v. Creech, 98-155.

200. Indentures to be registered by register of deeds. Every indenture binding an apprentice to be effectual shall be proved and recorded in the register of deeds office of the county where the parties thereto reside, as deeds and conveyances, and shall be subject to the same rules of evidence as deeds and conveyances.

1889, c. 169, s. 20.

V. TO LEARN A TRADE.

201. Who may be apprenticed. Minor children above the age of fourteen and under twenty-one years being males, and eighteen being females, whether indigent or not, may be apprenticed to learn the art or mystery of any trade or craft by their father, or in case of his death, incompetency, or where he shall have wilfully abandoned his family for six months without making suitable provisions for their support, or has become an habitual drunkard, by their mother or by their legal guardian; and if illegitimate, they may be bound by their mother, and if they have no parent competent to act and no guardian, they may bind themselves with the approbation of the superior court clerk of the county where they reside; but the power of a mother to bind her children, whether legitimate or illegitimate, shall cease upon her subsequent marriage and shall not be exercised by herself or her husband at any time during such marriage. But no white child shall be bound to any other than a white person, and no negro child shall be bound to any white person if a competent and suitable negro can be found in the county who desires such child bound to him.

1889, c. 169, s. 17. "Abandoned" (deserted) defined in Stout v. Woody,

63-37.

202. Apprentices over fourteen to sign indenture. When an apprentice is bound who is over fourteen years of age, as provided

in the foregoing section, his or her consent shall be expressed in the indenture and testified to by signing the same, and the age of said apprentice shall also be inserted in said indenture.

1889, c. 169, s. 18.

203. Orphan asylum may execute indentures. Any orphan asylum, or charitable institution organized and incorporated for the purpose of taking care of indigent children under any general or special law of this state, is hereby authorized and empowered to execute indentures apprenticing children in their charge for the purpose of learning trades, the said children being fourteen years of age, and they shall have the same rights and assume the same liabilities thereunder as in case of natural persons.

1889, c. 169, s. 21.

204. What indenture to contain. All indentures apprenticing minors to learn trades shall contain the following covenants and provisions :

1. That said minor shall be bound to serve his employer for a term of not less than three nor more than five years.

2. That said minor so indentured shall not leave his said employer during the term for which he shall be indentured, and if any apprentice so indentured as aforesaid shall leave his employer except as hereinafter provided, the said employer may compel the return of said apprentice under the penalties of this chapter.

3. That said employer shall covenant and agree in said indenture as to the compensation which is to be given the apprentice annually, specifying board, medical attention, lodging and clothes, when they are to be given, and also the wages to be paid in money and at what periods to be paid, and to whom.

4. That the said employer shall teach, or cause to be carefully and skillfully taught, to said apprentice every branch of the business to which he is indentured.

Indenture under statute not binding master to teach a certain trade valid as to person enticing apprentice away: Dowd v. Davis, 15-61. Under former statute covenant not violated when apprentice can not learn, see Wyatt v. Morris, 19-108. Under former statute death of employer discharged obligation to teach, see Goodbread v. Wells, 19-476. Employer has the entire term to comply: Ibid.

5. That said employer shall, at the expiration of said apprenticeship, give to said apprentice a certificate in writing stating that said apprentice has served a full term of apprenticeship of not less than three nor more than five years at such trade or craft as may be specified in said indenture.

6. That if either the employer or the apprentice, during the continuance of the apprenticeship, shall be unavoidably prevented from performing any of the conditions of the indenture and a settlement with respect to the same can not be made by the parties to the indenture, the matter shall be referred to arbitrators for settlement, one to be selected by the employer and one on the part of the apprentice, and if they can not decide the controversy, the two arbitrators chosen to select a third, and the decision of any two of said arbitrators to be final as to the matters in controversy. 1889, c. 169, s. 22.

205. Apprentice compelled to serve, how. Any apprentice, so indentured, who shall leave his employer without his consent, or without sufficient cause, and shall refuse to return, may be arrested upon complaint of said employer and taken before any justice of the peace of the county where the employer resides, and said justice of the peace may order said indentures cancelled, and on conviction may commit said apprentice to the house of correction or county jail until said apprentice agrees to abide by the indenture, which shall not exceed thirty days; and in case said apprentice so indentured shall still wilfully neglect or refuse to perform his portion of the contract as specified in said indenture, then said indenture may be cancelled in the manner aforesaid, and said apprentice so violating said indenture shall forfeit all back pay and all claims against said employer: Provided, either party shall have right to appeal.

1889, c. 169, s. 23.

206. Employer failing to teach apprentice liable for damages and a penalty. Should any employer neglect or refuse to teach or cause to be taught to said apprentice the art or mystery of the trade or craft to which said apprentice has been indentured, or fail to perform any of the stipulations of the indenture, said apprentice, by his parent, guardian or next friend, may bring an action against said employer to recover damages sustained by reason of said neglect or refusal; and if proved to the satisfaction of the court, said court shall direct said indenture to be cancelled and may impose a penalty on said employer not exceeding three hundred dollars and not less than fifty dollars, and said penalty shall be collected and paid over to said apprentice or his parent or guardian for his sole use and benefit.

1889, c. 169, s. 24. Under former statutes, cases somewhat in point are Wyatt v. Morris, 19-108; Goodbread v. Wells, 19-476.

CHAPTER 5.

ATTORNEYS AT LAW.

I. How LICENSED.

207. Examination. No person shall practice law without first obtaining license so to do from the supreme court. Applicants for license shall be examined only on the first Monday of each term of the supreme court. All examinations shall be in writing, and based upon such course of study, and conducted under such rules, as the court may prescribe. All applicants who shall satisfy the court of their competent knowledge of the law and upright character shall receive license to practice in all the courts of this state.

Code, s. 17; R. C., c. 9, s. 1; 1818, c. 963, s. 3; 1907, c. 70. Nonresident can not practice habitually: Manning v. R. R., 122-824. Question as to whether an unnaturalized foreigner can be licensed reviewed at length in Ex parte Thompson, 10-355. "Practice" defined: State v. Bryan, 98-644. Legislature can establish the qualification to be required of one to become a practicing attorney: In re Applicants for License, 143-1-for the power to so establish qualifications is not inherent in the supreme court, though the court has power to say whether such qualifications are met: Ibid.

208. Conditions precedent to examination. Before being allowed to stand an examination each applicant must comply with the following conditions:

1. He must be at the time twenty-one years of age, or will arrive at that age before the time for the next examination.

2. He must file with the clerk of the court a certificate of good moral character signed by two attorneys who practice in that court. An applicant from another state may have such certificate signed by any state officer of the state from which he comes.

This certificate, prior to the amendment in Chap. 70, of the Laws of 1907, all that was required as to character: In re Applicants for License,

143-1.

3. He must deposit with the clerk twenty-one dollars and fifty cents. Of this sum one dollar and fifty cents shall be retained by the clerk. If the applicant obtains license the remaining twenty dollars shall be paid by the clerk to the librarian for use of the supreme court library. If the applicant fails on examination the twenty dollars shall be repaid him.

Code, ss. 18, 20, 21; R. C., c. 9, s. 2; 1777, c. 115, s. 8.

209. Oath taken in open court. Attorneys before they shall be admitted to practice law shall, in open court before a justice of the supreme or judge of the superior court, take the oath prescribed for attorneys, and also the oaths of allegiance to the state, and to support the constitution of the United States, prescribed for all public officers, and the same shall be entered on the records of the court; and, upon such qualification had, and oath taken, may act as attorneys during their good behavior.

Code, s. 19; R. C., c. 9, s. 3; 1777, c. 115, s. 8. Relation of attorneys to the court interestingly discussed in Robins, ex parte, 63-309. See Ex Parte Thompson, 10-355.

210. Persons disqualified. No clerk of the superior or supreme court, nor deputy or assistant clerk of said courts, nor sheriff, nor any justice of the peace, nor county commissioner shall practice law.

Code, ss. 27, 28, 110; 1870-1, c. 90; 1883, c. 406; 1871-2, c. 120; 1880, c. 43; C. C. P., s. 424. Practicing law is habitually or customarily holding ones self out to the public as a lawyer or the demanding of compensation for services as such: State v. Bryan, 98-644.

211. No disbarment except for crime or for causes mentioned. No person who shall have been duly licensed to practice law as an attorney shall be debarred or deprived of his license and right so to practice law, either permanently or temporarily, unless he shall have been convicted, or in open court confessed himself guilty, of some criminal offense showing him to be unfit to be trusted in the discharge of the duties of his profession, and unless he shall be debarred according to the provisions of this chapter.

Code, s. 26; 1870-1, c. 216, s. 4. [This section was not expressly repealed by chap. 941, Laws of 1907.] Statute constitutional: Ex parte Schenck, 65-353. Fine and imprisonment is not the appropriate remedy against an attorney in cases stated in statute, but disbarment: Kane v. Haywood, 66-1. Question of disbarment fully reviewed: Ibid; see also reference to the subject in In Re Applicants for License, 143-1.

211a. When must be debarred. An attorney at law must be disbarred and removed for the following causes by the superior court: 1. Upon his being convicted of a crime punishable by imprisonment in the penitentiary.

2. When any judgment is rendered against him for money collected by him as an attorney and retained by him without any bona fide claim thereto or to any part thereof.

1907, c. 941.