The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-12-19

service - Kents Comm, 19i; Blackstone.
1881 The Courts have several times con-
frnied this view. q Mass. 145: ID Mass,
279; y. H., Is: Is n. H., 436; 4 Mason. $780,
But this right hangs by a rather slender
thread. II the minor has been "emancl-
pated," or as we commonly say, his time
has been given him." toen he is entitled to
his earnings, sue for them il necessary,
and they should be paid to him, which dis
charges the debt. l6 Cushing, 45S; Cowen,
81; 3 Barbour, 49, This emancipation
may be brought about by a written instru-
meDt, or by verbal agreement. or by the
conduct OF the parties: IshouIers
there cited.l The parents casting his child
of or leaving him to shift for himself
fOrfeits his right to his earnings. and the
Courts are liberal in granting such children
the right To- their wages, and thus encourag-
ing them TO earn an honest living themselves
(See many cases cited in SbOuIers Domestic
Relations, y. 37OL a parents consent to the
marriage of a minor, works an emancipation,
for the reason. it is said, that in such cases
the minor needs his earnings to support his
own family. This alleged reason would
seem TO be Just as forcible ii the marriage
were without parental consent, since the
family would need supporting Just as much;
but a Court in Maine thought otherwise, and
gave to the father the young benedict's earn
ings, leaving the poor wife without penny
"a Ne, is Tex, 36Il parent ascending
to parts unknown emancipates the minor
child and cuts of n right to his earnings. q
lIetcalf, g. Emancipation may resultfrom
misfortune I5 y H.. 400, as when the
parent. becoming a pauper, is unable to
support his child This extreme doctrine,
however was only asserted on the ground
that. ii the parent received the childs wages
the latter would himself become pauper.
III parent authorizes the employer TO pay
the minor, or the MINOR 20 receive the wages,
payment 10 the latter IS legal Such author
ity may be implied from circumstances. 90
Barbour. 300; 10 Pick, ~ American Courts
favor such arrangements between faith
er and SON they are i'm the spirit OF our free
institutions A New York Court following
a Massachusetts, decision. held that il the
son goes out and contracts his services on his
own account, with the fathers knowledge
and without objection from him, the pay
ment to the son cuts off the fathers claim
40 Barb, 30; Pick, 2O2). Another Massa-
chuSetts case went 50 far as 10 imply that
unless the father notified the employer that
he claimed the sons wages, the employer
may suppose authority has been given the
son 20 collect his own wages ll5 Mass, 21:0
New York and some other States provide by
statute thatpayment to a minor Will be valid
unless the father gives notice To the
employer that he claims the minors
wages, within a certain time after
the hiring. In New DIRK state IT
in thirty days The above meets the case OF
our inquirer. and in that instance renders
the fathers claims worthless, unless per
baps. the boy had run away from home, aud
the father did not know of the hiring. But
not all the = atss have such statutes and i'm
those which 30 not have them the doctrines
above set forth are presumably in fOrce. IL
is, however safe TO advise y ~ parents 30 give
prompt notice to any claims u minor
ri IN
tain from the parents Of nOn-emanclpated
children how Their wages shall be paid, if
they woulG avoid ali possibility OF having 70
pay twice. This is an Interesting topic, and
the above viii answer several inquiries that
have been made !rOm time to time.-Eds