Overseers of the poor are empowered, from time to time,

Mass. Stat. Feb. 26, to bind out, by deed indented or poll, as apprentices, to be instructed and employed in any lawful art, trade, or mystery;

1794, act 6, sect, 4.

children may be bound out.

For what time children may be bound.

or as servants, to be employed in any lawful work or labour; any male or female children, whose parents are lawfully settled

What description of in, and become actually chargeable to their town or district; also, whose parents, so settled, shall be thought, by said overseers, to be unable to maintain them, (whether they receive alms, or are so chargeable or not ;) provided, they be not assessed to any town or district charges; and also all such who, or whose parents, residing in their town or district, are supported there, at the charge of the commonwealth, or whose parents are unable to support them as aforesaid, to any citizen of this commonwealth; that is to say, male children till they come to the age of twentyone years, and females till they come to the age of eighteen, or are married; which binding shall be as valid and effectual, as if such children had been of the full age of Provision in the deed twenty-one years, and had, by a like deed, bound themselves, or their parents had been consenting thereto; provision to be made in such deed for the instruction of male children, so bound out, to read, write, and cypher, and, of females, to read and write; and for such other instruction, benefit, and allowance, either within or at the end of the term, as, to the overseers, may seem fit and reasonable.

for the education of such children.

1794, act 6, sect. 5.

II. Duty of overseers to inquire into the usage of such minors; and how, in case of ill usage, such minors may be released from their master.

It is made the duty of overseers, to inquire into the usage of children, thus legally bound out, and to defend them Mass. Stat. Feb. 26, from injuries. And upon complaint by such overseers, made to the court of common pleas, in the county where their town or district is, or where the child may be bound, against the master of any such child, for abuse, ill treatment, or neglect; said court (having duly notified the party complained of,) may proceed to hear the complaint; and, if the same be supported, and the cause shall be judged sufficient, may liberate and discharge such child from his or her master, with costs, for which execution

may be awarded; otherwise the complaint shall be dismissed, but without costs, unless it appear groundless, and without probable cause; in which case, costs shall be allowed the respondent. And the person, thus discharged, may be bound out anew, for the remainder of the term, in manner aforesaid.

III. Of the action of covenant, given by statute, against the master of any such minor.

Mass. Stat. Feb. 26,

When brought by overseers, the money, recovered in such ac

ton, to be placed in the treasury for the benefit of the minor.

The overseers may have remedy by action on the deed, by which the minor is bound out, against any person liable thereby, for recovery of damages for breaches of any of the 1794, act 6, sect. 5. covenants therein contained; which, when recovered, shall be placed in the town or district treasury, deducting reasonable charges, and disposed of by the overseers, at their discretion, for the benefit and relief of such apprentice or servant, within the term; the remainder, if any, to be paid him at the expiration thereof. And the court, before which such cause shall be tried originally, and on the ap- The court may also peal, may also, on the plaintiff's request, if they see cause, from his master. liberate and discharge such apprentice or servant from his master, if it hath not previously been done in the manner pointed out by the statute.

liberate the minor

And such apprentice or servant shall have like remedy when their term is expired, for the damages for the causes aforesaid, other than such (if any) for which damages may Mass. Stat. Feb. 26, 1794, ac 6, sect. 5. have been recovered as aforesaid, by action upon such deed, to be delivered them for that purpose, and on which Under what circumno indorsement shall be necessary. Such action must, however, be brought within two years after the expiration of the term. When the deed shall have before been put in suit, an attested copy, from the proper officer, may be used, and have the same force as the original.

IV. What proceedings may be had, in case of elopement, or gross misbehaviour, of such minor; and herein of the master's remedy against persons enticing to such elopement.

stances the minor may himself bring the

action.

Mass. Stat. Feb. 26, 1794, act 6, sec. 5.

may

In case of elopement, any such apprentice or servant be apprehended by any justice of the peace of the county where he is found, or where he may be found, upon may be apprehended. complaint of the master, or any other on his behalf; and returned to his master by any person to whom the warrant

How such apprentices

Mass. Stat. Feb. 26, 1794, act 6, sec. 5.

may be directed; or may be first sent to the house of correction, at the justice's discretion.

And every person, enticing any such apprentice or servant to elope from his master, or harbouring him, knowing Of enticing to elope him to have eloped, shall be liable to the master's action for all damages sustained thereby.

ment.

1794, act 6, sea, 5.

And the court of common pleas, either in the county Mass. Stat. Feb. 26, where the overseers binding, or the master of any apprentice or servant bound, live, may also, upon complaint of How the apprentice such master, for gross misbehaviour, discharge such apprentice or servant from his apprenticeship or service, after due notice to such overseers, and hearing thereupon.

may be discharged.

Mass. Stat. Feb. 26,

What description of

out.

V. Of the authority of overseers of the poor to bind out to service, adults of a certain description.

Overseers have also power to set to work, or bind out to 1794, act 6, sect. 6. service, by deed indented or poll, for a term not exceeding one whole year at a time, all such persons, residing and adults may be bound lawfully settled in their respective towns or districts, or who have no such settlement within this commonwealth, married or unmarried, upwards of twenty-one years of age, as are able of body, but have no visible means of support, who live idly, and use and exercise no ordinary or daily lawful trade or business, to get their living by; and also all persons, who are liable by any law to be sent to the house of correction; upon such terms and conditions as they shall think proper.

1794, act 6, sec. 7.

The remedy given to any one aggrieved at the doings of the overseers,

Provided always, that any person, thinking him or herMass. Stat. Feb. 26, self aggrieved by the doings of said overseers, in the premises, may apply, by complaint, to the court of common pleas, in the county where they are bound, or where the overseers who bound them dwell, for relief; which court, after due notice to the overseers, and to their masters, shall have power, after due hearing and examination, if they find sufficient cause, to liberate and discharge the party com-

plaining, from his or her master, and to release him or her from the care of the overseers; otherwise to dismiss the complaint, and to give costs to either party, or not, as the court may think reasonable.

VI. Of the authority of overseers to bind persons who reside in unincorporated places.

Mass. Stat. Feb. 26,

1794, a& 6, sect. 7.

What description of may be

bound out.

Poor persons, standing in need of relief, living without the bounds of any incorporated town or district, shall be under the care of the overseers of the poor, appointed in the adjoining town or district, wherein the inhabitants of children such unincorporated place are usually taxed: And the same overseers shall have the like authority to bind out the children of such poor persons, as they are vested with respecting the children of persons in like circumstances, inhabitants of the town or district, in which they are appointed.

1794, act 6, sect. 7.

And such overseers may also set to work, or bind out as aforesaid, for a space not exceeding one whole year at a Mass, Stat. Feb. 26, time, all such persons, above the age of twenty-one years, married or unmarried, residing in their county, but without What description of adults may be bound the bounds of any town or district, as are able of body, but out. have no visible means of support, or who live idly, using no ordinary, or daily lawful business or trade, to get their living by; or who are liable, by any law, to be sent to the house of correction; and shall receive and apply their Their earnings to be applied to the support earnings (deducting reasonable charges) to the support of of themselves and their families, them or their families, if any they have, at their discretion; saving to such persons the like remedy for relief, if they The remedy given to think themselves aggrieved, as, by the statute, is provided the doings of the for persons set to work, or bound out for like causes, by overseers of towns.

VII. How minors may be bound as apprentices or servants, by themselves, parents, or guardians.

any one aggrieved at

overseers.

1795, a& 8, sect. 1.

Minors, under the age of fourteen years, may be bound by deed, until that age, as servants and apprentices, by Mass. Stat. Feb. 28, their father, and, in case of his decease, by their mother, of minors under the or by their guardian legally appointed; or, having no pa- they may be bound, rent or guardian, they may bind themselves, with the ap

of 14; by whom and to what age.

1795, act 8, sect. 1.

probation of the selectmen, or major part of them, of the town where such minors reside.

And all minors, of the age of fourteen years, or upMass. Stat. Feb. 28, Wards, may be bound by deed, as apprentices or servants; females, to the age of eighteen years, or to the time of Of minors of the age their marriage, within that age; and males, to the age

of 14 and upwards; by whom they may

what age.

of

be bound, and to twenty-one years, by their father, and, in case of his decease, by their mother, or guardian legally appointed, having the minor's consent expressed in the deed.

Mass. Stat. Feb. 28,

1795, act 8, sect, 1.

And any such minor, having no father, mother, or guardian, within the commonwealth, may, by deed, bind themIn what cases such selves, with the approbation of the selectmen, or the major minors may bind themselves. part of thern, of the town where they reside.

1795, act 8, sect. 1.

such minor shall be

bound.

All considerations, al

Provided, that in every case, there shall be two deeds of Mass. Stat. Feb. 28, the same form and tenor, executed by both parties; one to be kept by each party; and where made by the appro Of the deed, by which bation of the selectmen, they, after having examined the terms of the deeds, shall express their approbation thereon, and sign the same. Provided also, that all considerations lowed by the master, which shall be allowed by the master or mistress, in any contract of service or apprenticeship, shall be secured to the sole use of the minor thereby engaged. And all conthe parties, declared tracts, which shall be made by any parent or guardian, or by any minor for him or herself, pursuant to the statute, shall be good and effectual in law, against all parties, and the minors thereby engaged, according to the tenor thereof.

to be secured to the use of the minor.

Contracts, between

valid.

Mass. Stat. Feb. 28, 1795, act,8, sect. 5.

The contract be

No covenant of apprenticeship, entered into by any minor, his parent, or guardian, for the purpose of such minor's learning, or being instructed in any art or mystery, and made to any master, and the wife of such master, or to the comes void on the executors, administrators, and assigns of such master, shall be binding on such minor, parent, or guardian, after the decease of the master; but, on the death of such master, the said covenant shall be deemed void from that time; and, in any such case, any minor may be bound out anew, in the manner herein before prescribed.

death of the master ;

and, in such case, the

minor may be bound out anew.

VIII. Duty of parents, guardians, and selectmen, to inquire into the usage of such minors; and how, in case of ill usage, such minors may be released from the service of their masters.

F