Moody v. Benson ( 1844 )

The Court

considered this section as giving them full power of rehearing and revision in matters of binding apprentices under this law; and maintained their jurisdiction to inquire into this question of the ability of the parent to maintain his children, and bring them up to industry and suitable employment. The jurisdiction of the justices or trustees of the poor in this matter, is specially delegated and restricted to certain cases; their acts are invalid unless strictly within this authority, and it would be lamentable, indeed, if there was no power of revision over the exercise of this authority. The terms of the fourteenth section of the law, are sufficiently large to give this revision to the court or a judge; and we think that such was the evident meaning and object of the legislature.

The court proceeded to hear téstimony as to the ability of the father of these children to maintain them and bring them up to industry and suitable employment; and on the evidence on this point, they annulled the binding, expressly on the ground that it was not a fit case for the binding under this law.