19 Wis. 274 | Wis. | 1865
By the Court,
There is no doubt in the mind of the court that the indentures are void for not specifying some “ profession, trade or employment ” in which the apprentice was to be instructed. The statute is very plain upon this point. Such are its words in case of the apprenticeship of an infant, of his or her own free will, with the consent of the father, mother, guardian, or supervisors, &c., as prescribed by chapter 113, Revised Statutes. In the case of orphans or minors otherwise likely to become chargeable to the public, the requirement is the same. - It is made the duty of the supervisors, or superintendents of the poor, “to bind such minor as an apprentice to some respectable householder of the county, * * * * by written indenture, which shall bind such minor to serve as an apprentice, and shall be executed in like manner, and shall be of the same tenor and effect, as inden
The indentures being illegal, and there being nothing to preclude the father, the natural guardian, from asserting such illegality, the question arises, what order ought the county judge to have made as to the custody of the child ? That he ought not, against her will, to have remanded her to the custody of the respondent is very evident. The indenture being void, the respondent has no legal claim to the custody or services of the child. Ought the judge then to have ordered her into the custody of her father ? That the father has a legal and paramount right to the custody and services of his child will not in general be denied; and that such right will sometimes be enforced upon this writ seems settled by the later and better considered decisions. The Queen v. Clarke, 7 Ellis & Black., 186 (90 E. C. L., 185); State v. Richardson, 40 N. H., 272 ; The King v. Greenhill, 4 Adolph & Ellis, 624 (31 E. C. L., 153). Formerly the rule was different, and it was held that the court was not bound in any case to deliver the infant over to any particular person, though such person was the natural
In this case the infant is a girl now nearly twelve years of age. Prima facie, therefore, the father is entitled to have her delivered over to him, unless enough is shown in the return to rebut that right. The exception, as we have seen, is where it appears that the father is an improper person to have the care and management of the child. It is said in State v. Richardson,
It will be seen from the reported cases that children between the ages of seven and fourteen are often interrogated as to their wishes, and, if of sufficient intelligence, allowed to choose for themselves. There are several instances of those between ten and twelve being thus allowed their choice. It is probable,
Order reversed.