TO BIND, BINDING, contracts. These words are applied to the contract entered
into, between a master and an apprentice the latter is said to be bound.
2. In order to make a good binding, the consent of the apprentice must
be had, together with that of his father, next friend, or some one standing
in loco parentis. Bac. Ab. Master and Servant, A; 8 John. 328; 2 Pen. 977; 2
Yerg. 546 1 Ashmead, 123; 10 Sergeant & Rawle, 416 1 Massachusetts, 172; 1
Vermont, 69. Whether a father has, by the common law, a right to bind out
his child, during his minority without his consent, seems not to be settled.
2 Dall. 199; 7 Mass. 147; 1 Mason, 78; 1 Ashm. 267. Vide Apprentice; Father;
Mother; Parent.
3. The words to bind or binding, are also used to signify that a thing
is subject to an obligation, engagement or liability; as, the judgment binds
such an estate. Vide Lien.
TO BIND, OR TO BIND OVER, crim. law. The act by which a magistrate or a
court hold to bail a party, accused of a crime or misdemeanor.
2. A person accused may be bound over to appear at a court having
jurisdiction of the offence charged, to answer; or he may be bound over to
be of good behaviour, (q. v.) or to keep the peace. See Surety of the Peace.
3. On refusing to enter into the requisite recognizance, the accused
may be committed to prison.