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oney for the wages of their children, from any persón anploying them without their parents' consent. A parent ́s not bound to pay even for necessaries sold to a child, unless the child had authority from the parent, or unless the patent neglected to provide for the child, or forced him from home by severe usage. And when a child is obliged to

support himself, he is entitled to his own earnings.

13. A second husband is not bound to support the children of his wife by a former husband. If, however, he receives such children into his family, he is liable to support them as his own.

14. If a father dies before the child is of age, and does not, by will, appoint a guardian, the mother becomes the guardian of the child, until he arrives at the age of fourteen years, when he may choose a guardian for himself. If there is neither father nor mother, the court appoints a guardian.

15. Guardian and ward. The father is the natural guar. dian of a child, and after his death, the mother. But a father may, by his deed, or last will, appoint a person to take care of a minor child and his property. Such person is then guardian, and the child is called ward. If the father does not by will appoint a guardian, the court of common pleas may appoint one, and on good cause being shown, may authorize the guardian to dispose of the property of the minor child.

16. Males above fourteen, and females above twelve years, or those for whom the court has appointed guardians, when they shall have arrived at those ages, may choose for themselves guardians, such as the court shall approve. If they do not come before the court and choose guardians, after having been notified by the court to do so, the court appoints guardians. Guardians may bind out children under the ages mentioned, males until they are twenty-one,

are parents liable for children's contracts? 13. What is said of second husband's obligation to his wife's children? 14. If a father dies, who is guardian of his children? 15. Who is the child's natural guardian? If a father does not, by will, appoint a guardian, who does? 16. At what ages may children choose guardians? In what case does the court appoint guardians? Until what ages may children be bound?

and females until they are eighteen; provided the persons to whom they are bound, and the terms of the covenant, shall be approved by the court.

CHAPTER XXXVI.

Minors; Masters, Apprentices, and Servants.

1. Minors. The statutes of Ohio do not declare how far minors may bind themselves by contract or agreement. In such case, the common law must determine. In general, a minor is not bound by a bargain which he may make ; but if he agrees, after becoming of age, to fulfil a contract which he made while a minor, he must do so. And if he has no father or other guardian, he is bound to pay for arti cles actually necessary for him. But the person who trusts him must make inquiry; and if the minor has been properly supplied by his friends, the person trusting him cannot recover; nor can he in any case recover more than the actual value of the goods sold to the minor.

2. But minors are responsible for the payment of fines; and they may be prosecuted and tried for acts of fraud and crime. It is not easy, however, to determine, from the practice of courts of law, in what particular cases a minor is or is not accountable for fraudulent acts. His age, and the circumstances in which he was placed, might be such as to free him from obligation; but an act of gross and palpable fraud, committed by an infant who has arrived at the age of discretion, would bind him to a contract. 3. Masters, apprentices, and servants. Minors may, of their own free will, bind themselves, in writing, to serve as apprentices or servants, in any trade or employment; inales, until the age of twenty-one, and females, until the age of eighteen, or for a shorter time. A minor thus binding himself must have the consent of the father; or if the father is dead, or disqualified by law, or neglects to provide

1. Are minors bound by their bargains? In no case? 2. Are they liable for fines? How in case of fraud or crime? 3. May minors bind

for his family, then consent must be had of the mother; or if the mother is dead or disqualified, then of the guardian.

4. Destitute, or poor children, may be bound out by the trustees of townships. Females bound for four years or more, must be taught to read and write, and the first four rules of arithmetic; males bound for five years, must be taught the same, and arithmetic to the single rule of three. Masters are required to get the indentures recorded in the office of the township clerk, within three months.

5. When an apprentice becomes immoral or disobedient, the master may complain to a justice of the township, and have an investigation before a jury, and the indenture may be annulled. A master is liable to pay for necessaries for his apprentice, and for medical attendance; but he is not so liable in the case of hired servants.

6. There is, in this state, no statute law defining the rights and obligations of hired servants and the persons employing them. Both are obliged to fulfil their agreement. If a hired servant leaves the service of his employer, without good cause, before he has worked out the time for which he was hired, he cannot recover his wages. And for immoral

conduct, wilful disobedience, or habitual neglect, he may be dismissed. On the other hand, ill usage, or any failure on the part of the employer to fulfil his engagement, releases the laborer from his service.

7. How far a master is answerable for the acts of his hired servant, is not clear. As a general rule, however, the master is bound by contracts made, and liable for inju ries done, by a servant actually engaged in the business of his master, whether the injury proceeds from negligence or from want of skill. But for an injury done by a wilful act of the servant, it is considered that the master is not liable. 8. If the servant employs another to do his business, the

themselves as apprentices? By whose consent? 4. By whom may poor children be bound? In such case, how must they be taught? 5. What if an apprentice becomes immoral or disobedient? For what is a master liable? 6. What if a hired servant does not serve out his time? For what cause may he be dismissed? For what may he leave? 7 In what cases are masters liable for acts of servants? 8. In what cases here mentioned is a servant liable?

master is liable for the injury done by the person so em. ployed. But a servant is accountable to his master for a breach of trust, or for negligence in business, or for injuring another person in his master's business.

CHAPTER XXXVII.

Of Crimes and Misdemeanors.

1. To protect the persons and property of the citizens, there must, in every state, be laws against crime and these laws ought to define the several crimes, that persons may know what they are; and to declare the measure of punishment to be inflicted upon offenders. There is, in the state of Ohio, but one crime which is by the laws declared to be punishable by death: this is murder in the first de. gree.

2. In some states, treason also, and a few other crimes, are declared to be capital offences. Our laws do not provide for the punishment of treason. As this crime is defined and made punishable by the laws of the United States, ine offence, if committed in this state, must be tried in a court of the United States. Crimes are called capital offences, and their punishment is called capital punishment, because the punishment is the highest that can be inflicted; and perhaps also because the word capital is derived from the Latin caput, which means head; punishment by death being formerly in eastern countries generally, and perhaps still in some, inflicted by beheading the offender.

3. Murder in the first degree is the killing of a person either deliberately and maliciously, and with intent to effect death; or in maliciously committing a crime, though not with a design to effect death. A person convicted of the crime of murder in the first degree, shall suffer death. Murder in the second degree is the killing of a person pur posely and maliciously, but without previous deliberation;

1. What crime is punishable by death? 2. What is said of treason? Why are crimes called capital? 3. What is murder in the first degree?

for which a person is to be imprisoned in the penitentiary, and kept at hard labor during life.

4. Manslaughter is killing a person without malice, either. upon a sudden quarrel, or unintentionally while committing some unlawful act. The punishment is imprisonment in the penitentiary, not exceeding ten years, nor less than one year. The reason why the same measure of punishment is not always inflicted for the same offence, is, that it is not always committed under circumstances equally aggravating.

5. Arson is the wilfully and maliciously burning of any dwelling-house, shop, barn, or any other building, the property of another, or any bridge across any of the waters of this state, of the value of fifty dollars. Penalty, imprison ment not exceeding twenty years, nor less than one year, according to the aggravation of the offence. Attempting to commit arson, is firing a building with intent to destroy it, and is a misdemeanor. Imprisonment from one to seven years.

6. Homicide signifies mankilling. It is of three kind, felonious, justifiable, and excusable. When felonious, it is either murder or manslaughter. Justifiable homicide is that which is committed in the necessary defence of one's person, house, or goods, or of the person of another, when in danger of injury; or that which is committed in lawfully attempting to take a person for felony committed, or to suppress a riot, or to keep the peace. Excusable homicide is

the killing of a person by accident, or while lawfully employed, without any design to do wrong. In the two last cases there is no punishment.

7. Burglary is maliciously and forcibly breaking into and entering in the night-time, any dwelling-house, or other building, with intent to commit a crime. Imprisonment from three to ten years.

8. Robbery is taking money or personal property from another by force, or by putting him in fear, with intent to rob or steal. Imprisonment from three to fifteen years.

What in the second degree? How punished? 5. What is arson? How punished? Attempt to commit, how punished? 6. Define the different kinds of homicide. 7. What is burglary? The penalty? 8

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