Page images
PDF
EPUB

unless guardians shall be especially appointed for such children; and the estates of such persons, and also the estates of minors, shall be liable for the education of such children and minors aforesaid, in the same manner as for their support and maintenance, and may be disposed of accordingly.

SEC. 29. It shall be the duty of every guardian of the person to take suitable charge of the person over whom he shall be appointed guardian, and of every guardian of the property of another, to improve his estate frugally and without waste, and to apply the income and profits thereof, or so much thereof as may be necessary and proper to the support and maintenance of the person to whom they shall belong, and his household or family, if any such there be.

SEC. 30. If the personal estate and the income of the real estate of any person who shall be under guardianship as aforesaid, shall not be sufficient to support him and his household or family, the said guardian shall petition the court of probate for liberty to make sale of, or to mortgage, so much of the real or mixed estate of such person, or to make sale of the wood or timber thereon standing and growing, or of the stone in the quarry, or of peat and coal, as may be necessary therefor.

SEC. 31. Where a guardian of the property only is appointed, the property of the minor in the hands of the guardian shall not be chargeable with any debt against such minor contracted during the life of his father, if such father shall, in the opinion of the court of probate, be of sufficient ability to maintain such minor; and in case any part of the property of such minor is deemed necessary as aforesaid for his support or education, the same shall be paid out by the guardian for that purpose, under the advice and direction of the court of probate.

SEC. 32. Courts of probate are authorized, in the settlement of the accounts of any guardian by them appointed, to make all reasonable allowances for such sums as the guardian shall, from time to time, have paid for the comfortable support of his ward, and family, if any there be, and also a reasonable compensation to the guardian for his services.

SEC. 33. The settlement of the accounts of any guardian by the court of probate, or on appeal by the supreme court, shall be conclusive on all parties concerned therein, and shall not be subject to reexamination.

28

CHAPTER 139.

OF MASTERS, APPRENTICES, AND OF FACTORY AND OTHER

SECTION

LABORERS.

1 and 2. Minor apprentices, by whom and how bounden.

3. For what time may be bounden. 4. Form of indentures.

5. Poor children, what classes, to whom,
by whom, and how, bounden.

6. Poor adults, who and how bounden.
7. Consideration of indentures, to whom
to be reserved, and stipulations of in-
dentures, what to be.

8. Contracts for minor's services, to be
binding when.

9. Who entitled to inquire into and complain of treatment of apprentices and bounden servants.

10 and 11. Of proceedings on such complaint.

12. Of complaint of an adult bounden out. 13. Of proceedings on such complaint.

SECTION

14, 15 and 16. Remedy against apprentice, &c., for illegally leaving service.

17 and 18. Remedy in case of misbehavior and neglect by apprentice.

19. Apprentice discharged for, to be bound

anew.

20. Indentures discharged by death of mas

ter.

21. No factory laborers under 12 years of age.

22. Under 15 years of age to go to school. 23. Hours of minor's employment in factory.

24. Penalty upon owner or agent of factory for breach of preceding sections. 25. Limitation of complaint for such breach.

26. Ten hours, legal day, unless.

SECTION 1. Every minor, within the age of twenty-one years, may be bounden by deed, as a servant and apprentice, by his father, and in case of his decease, by his mother, when sole, or being within the age of fourteen years, by his guardian legally appointed.

SEC. 2: The minor, if fourteen years of age, and having no such parent, may, of his voluntary accord, with the approbation of his guardian, or in case of no such guardian, by and with the approbation of the town council of the town where such minor belongs or resides, bind himself by deed, as an apprentice or servant.

SEC. 3. Females may be bound or bind themselves as aforesaid, to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years.

SEC. 4. In every such case, there shall be two deeds, of the same form and tenor, executed by both parties, one to be kept by each.

SEC. 5. The following classes of poor children, male and female, may be bound out by the overseers of the poor of their respective towns, with the advice and consent of the town council, by deed indented or poll, to any citizen of this state, or of the states of Massachusetts or Connecticut, as apprentices to any lawful art, trade or mystery, or as servants to be employed in any lawful work or labor, or to the Providence Children's Friend Society, or

if colored, to the Providence shelter for colored children, to be instructed, disciplined and dealt with according to the powers and rules of said society; males, until they shall come to the age of twenty-one years, and females, until they shall come to the age of eighteen years, or are married that is to say:

[ocr errors]

First. Children of parents who are lawfully settled in, and have become chargeable to their towns;

Second. Children of parents so settled, who are not assessed in any town tax, and whose parents, whether they receive alms or are chargeable or not, shall be deemed by said overseers unable to maintain them;

Third. Children of parents residing in their respective towns, who are there supported at the charge of the state;

Fourth. Children of parents or a parent residing in their respective towns, who have no legal settlement in this state, and are adjudged by the town council to be unable to maintain their or his or her children;

Fifth. Children in their respective towns without estate sufficient for their maintenance, who have no parents residing therein, and who have no legal settlement in this state.

SEC. 6. The following classes of poor persons, of the age of twenty-one years and upwards, may be set to work or bound out to service by deed as aforesaid, by the overseers of their respective towns, for a term not exceeding one whole year at a time, upon such terms and conditions as such overseers shall think proper; that is to say:—

First. All poor persons residing and lawfully settled in their towns and those who have no lawful settlement in the state, whether married or unmarried, and who are able of body and have no visible means of support; and who live idly, and use and exercise no ordinary and daily and lawful trade or occupation to get their living;

Second. All persons settled or residing in their towns who, having families to support, earn sufficient means therefor, but waste their earnings and abandon their wives or children, or both, as paupers upon the town.

SEC. 7. All considerations which shall be allowed by the master in any contract of service or apprenticeship shall be secured to the sole use of the minor thereby engaged, and in every such contract, provision shall be made for the instruction of all children bounden, in reading, writing and ciphering, and for such other instruction, benefit and allowance, either within or at the end of the term of service, as may be fit and reasonable.

SEC. 8. All contracts that shall be made by any parent or guardian, or by the minor, with the approbation of any guardian or town council, or by the overseers of the poor of any town, with the advice and consent of the town council, or by the overseers of the poor alone, where such advice and consent is not by law required pursuant to the provisions of this chapter, shall be good and effectual in law against all parties, and the minor or servant thereby engaged, according to the tenor thereof.

SEC. 9. It shall be the right and duty of all parents and guardians, and of town councils for the time being, where the town council shall give their approbation as aforesaid, or of overseers of the poor, binding minors or servants as aforesaid, to inquire into the usage of apprentices and servants, bounden as aforesaid, and to defend them from the cruelty, neglect or breach of covenant of their masters; and such parents, guardians, town councils or overseers, for the time being, may complain to the court of common pleas in the county of which such master is an inhabitant, against him, for any personal cruelty, neglect or breach of covenant.

SEC. 10. The court, after having duly notified the party complained against, shall proceed to hear and determine such complaint, and if the complaint shall be supported, the court may render judgment, that the minor or servant be discharged from his apprenticeship or service, with costs against the master, and award execution accordingly; in which case the deed of service or apprenticeship shall be deemed void, from the time of rendering judgment, and the minor may be bounden out anew.

SEC. 11. If such complaint shall not be supported, the court shall award costs to the respondent, against the parent, guardian, town council or overseers, where the complaint of the town council or overseers shall be without probable cause, and issue execution accordingly.

SEC. 12. If any person, of the age of twenty-one years or up. wards, bound out by the overseers of the poor of any town, shall think himself aggrieved by the doings of the overseers, he may apply for relief, by complaint, to the supreme court in the county in which he is bounden, or in which the overseers who bound him dwell.

SEC. 13. Said court, after due notice to the overseers for the time being, and to the master of such person, shall have power, after due hearing and examination, if they find cause therefor, to liberate and discharge the party complaining, from his or her master, and to release him or her from the care of the overseers, or otherwise to dismiss the complaint; giving costs to either party or not, as the court may think reasonable.

SEC. 14. If any servant or apprentice, bounden as aforesaid, shall depart from the service of his master, or otherwise neglect his duty, it shall be lawful for any justice of the peace of the county in which such servant or apprentice may be found, on complaint made to him, on oath and in writing by the master, or by any one in his behalf, to issue his warrant to the sheriff, his deputy, or to any town sergeant or constable within the county, directing him to apprehend such servant or apprentice, and bring him before the said justice.

SEC. 15. Said justice shall, upon the hearing, endeavor to reconcile the difference, if he can, and order the said servant or apprentice to be returned to the place of his duty, or may commit him to the state's jail in the county, there to remain for a term not exceeding twenty days, unless sooner discharged by his master; and the justice's warrant for returning such servant or apprentice to the place of his duty, directed to any officer, or other person by name,

shall authorize him to convey any such servant or apprentice to such place, notwithstanding it may be in any other county in the

state.

SEC. 16. The costs of such process and commitment shall be paid by the master, to be recovered by him of the parent or guardian, and the same with all further costs which he may be holden to pay, shall be a proper article of charge in such guardian's

account.

SEC. 17. If any servant or apprentice, bounden as aforesaid, shall be guilty of any gross misbehavior, wilful neglect or refusal of his duty, the master may complain thereof to the court of common pleas in the county whereof he is a resident; and the said. court, after having duly notified such servant or apprentice, and all persons covenanting on his behalf, and the town council for the time being of the town, when they shall approve as aforesaid, shall proceed to hear and decide upon such complaint.

SEC. 18. If the said complaint shall be supported, the court may render judgment, that the master be discharged from the contract of service or apprenticeship, and every article thereof obligatory on him, with costs; and award execution for costs accordingly, against the parent, guardian, or minor where the minor shall engage as aforesaid for himself.

SEC. 19. Any servant or apprentice whose master shall be discharged as aforesaid, may be bounden out anew.

SEC. 20. No covenant of apprenticeship, entered into by any minor, his parent or guardian, for the purpose of such minor's becoming or being instructed in any trade or mystery, and made to any master, the wife of such master, or to the executors, administrators or 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 contract shall be deemed void from that time; and in any such case any minor may be bounden out anew, in manner as is hereinbefore directed.

SEC. 21. No minor under the age of twelve years shall be employed in or about any manufacturing establishment, in any manufacturing process, or in any labor incident to a manufacturing process.

SEC. 22. No minor under the age of fifteen years shall be employed in any manufacturing establishment in this state, unless such minor shall have attended school for a term of at least three months in the year next preceding the time when such minor shall be so employed; and no such minor shall be so employed for more than nine months in any one calendar year.

SEC. 23. No minor who has attained the age of twelve years and is under the age of fifteen years, shall be employed in any manufacturing establishment more than eleven hours in any one day, nor before five o'clock in the morning, nor after half-past seven o'clock in the evening.

SEC. 24. Any owner, employer or agent of a manufacturing establishment, who shall knowingly and wilfully employ any minor, and any parent or guardian who shall permit or consent to the

« PreviousContinue »