Respublica v. Keppele
Supreme Court of Pennsylvania
A habeas corpus ad subjiciendum had been awarded by the court to Mrs. Keppele, returnable iustanter, under the act of assembly of 1785, to bring the person of Benjamin Hannis before the court.
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A habeas corpus ad subjiciendum had been awarded by the court to Mrs. Keppele, returnable iustanter, under the act of assembly of 1785, to bring the person of Benjamin Hannis before the court. It appeared on the return, that on the 22d day of December 1789, the said Benjamin Hannis, with the consent of his guardian Peter Deliaven, was bound by indenture as a servant to the said Catharine Keppele, before Matthew Clarkson, esq. mayor of the city of Philadelphia, for five years; that she covenanted by the said indenture to give him a quarter’s schooling, and two suits of clothes, when his time…
1Opinion of the CourtM’Kean, C. J.
The original binding of servants by indenture seems to be founded- on immemorial practice, which it would be dangerous now to overturn. The stat. of 5 Eliz. c. 4, § 42, 43, clears up the doubt, that an infant may bind himself as an apprentice, which seems to shew that it might have been done at common law.
\~Qu<zre, if this must not be understood of a compulsion by the means prescribed by the stat. of 5 Eliz. c. 4? for neither *2351 * common law nor by the words of this statute, J shall a covenant or obligation of an infant for his apprenticeship bind him. Vide-Cro. Car. 179. 1 Burn’s Just.…
2Cases cited1 opinion
- Commonwealth ex rel. Hall v. CookSupreme Court of Pennsylvania · 1832
3Cited by1 opinion
- Altemus v. ElySupreme Court of Pennsylvania · 1832