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4 D.C. 710

Smith v. Elliot

Decided March 15, 1836

Petition, by an apprentice, to be discharged from his indentures. contended that the indentures were void because they do not state that the boy was present in the Orphans’ Court when he was bound out as an orphan child, under the Maryland Act of 1793, c. 45.

Decided 1836-03-15

The Codet

¶1(nem. con.) was of opinion that it was not necessary to state that fact in the indenture; as it will be presumed that he was present, unless the contrary should be proved.

¶2The complaint was that the boy was not well fed and clothed ; but the Court thought that the complaint was not supported by the petitioner’s witnesses, and dismissed the petition, without hearing the defendant’s witnesses.

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