Acts. 237

Non Est and if the Mother shall appear in Court and offer sufficient
Security for the Maintenance of her Child or if any person on her
behalf shall in Court offer such sufficient Security then and in such
case the Court shall not have power to bind out such Child Appren-
tice but shall take such Security for his or her Maintainance, And if
any matter of Dispute Arises between Apprentice bound out by
Virtue of this Act and their Masters or Mistresses it shall and may
be Lawfull for the several and respective County Courts of this
Province to hear and determine the same by way of Petition and
to give Judgment and to award execution upon the same and that
upon appeal or Writ of Error brought upon such Judgment from
any County Court of this Province to the Provincial court or from
the Provincial Court to the Governor and Council no such Judg-
ment shall be reversed for want of Juditial Process or that the same
was not Tryed by a Jury or any matter of Form either in the entry
or giving Judgment

Provided that it appears by the Record that the Defendant was
Legally Summoned and not Condemned unheard

Liber H. S.
No. 1
[not to be
Bound if
Security be
given for
their main-
tenance]
[If Dis-
putes arise,
how to be
determined]
p. 629

And be it Further Enacted by the Authority Advice and Consent
aforesaid that if the Father of any such apprentice shall return
back into the County from whence he removed and shall make it
appear to the Satisfaction of the County Court who shall have
bound out his Child as aforesaid that he is able to keep his Child
or Children from becoming a burthen to the County and to make
the Master or Mistress of such Apprentice Sufficient Satisfaction
for his or her time Care and trouble in Maintaining Educating and
Teaching such Apprentice it shall and may be Lawfull and the said

[After Bind-
ing, if the
Father re-
turn, and
give Security
&c]

County Courts are hereby Directed and required to Issue a Summons
for the Master or Mistress of such apprentice and on his or her
appearing or refusing to appear they shall Value Estimate and
determine what sum of Money or other Consideration shall be paid
or made by the Father to the Master or Mistress of such Apprentice
and on the payment or Tender in Court of such sum of Money or
other Consideration the said County Courts are hereby impowered
and required to discharge such Apprentice from any further Service

[The Court
may Dis-
charge, &c]

Provided Allways And be it Further Enacted that no Act of
Assembly of this Province shall be Construed to give any Court a
power to bind any Female Child longer than such Female shall
Arrive to the Age of Sixteen Years or day of Marriage which shall
first happen nor shall any Female Child be bound out where any
Kinsman or other relation will maintain and Educate her without
Diminution of the Estate to which such Female Child may be intitled

[No Female
to be bound
longer than
till 16, or
Day of
Marriage]

Any thing in this or any other Act to the Contrary Notwithstanding
This Act to Continue Three Years and to the end of the next

[Continu-
ance]