Guardian may lay out streets, &c., through ward's land, when. passing over of such property, and also requiring receipts to be passed and filed, if deemed advisable: Provided, that in all cases thirty days' notice shall be given to the resident guardian, executor, or administrator, of the intended application for the order of removal, and the court may reject the application and refuse such order, whenever it is satisfied it is for the interest of the ward that such removal shall not take place. SEC. 40. The guardian of any owner of lands suitable for building purposes may lay out, make, or dedicate highways, streets, or gangways, upon, through, or over such lands, by conveyance, indenture, plat, or otherwise, in the same manner, and with the same effect, as the owner himself might do, if not under guardianship, such guardian first obtaining a decree of the court appointing him, approving his exercise of such power. Minor appren CHAPTER 155. OF MASTERS, APPRENTICES, AND OF FACTORY AND OTHER SECTION 1 and 2. Minor apprentices, by whom 3. For what time may be bounden. 5. Poor children, what classes, to 6. Poor adults, who and how bounden. 8. Contracts for minor's services, to 9. Who entitled to inquire into and 12. Of complaint of an adult bounden out. 13. Of proceedings on such complaint. SECTION prentice, &c., for illegally leaving service. 17 and 18. Remedy in case of misbe- 19. Apprentice to be bound anew. master. 21. No factory laborers under twelve years of age. 22. Under fifteen years of age, to go to school. 23. Hours of employment in factory, of minor between twelve and fifteen years of age. 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 otherwise agreed. SECTION 1. Every minor, within the age of twenty-one years, tices, by whom may be bound 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." and how bounden. Same subject. 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, For what time. 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. tures. Poor children, what classes, to whom, by whom, and how, bounden. SEC. 4. In every such case there shall be two deeds, of the same Form of indenform 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, 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 to the Home for Friendless Children in Newport, or 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: First. Children of parents who are lawfully settled in, and have become chargeable to, their towns. Second. Children of parents so settled, 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 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 bound, 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, Poor adults, who, and how bounden. Considerations of indentures, served, &c. to whom re Contracts for minor's services to be binding, when. Who may inquire into and complain of treatment of apprentices, &c. Of proceedings on such complaint. Same subject. Of complaint of adult bounden out. Proceedings on such complaint. Remedy against appren tice, &c., for illegally leaving service. Same subject. 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, bound 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 supreme court 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 bound 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 upwards, bound by the overseer of the poor of any town, shall think himself aggrieved by the doings of the overseer, he may apply for relief, by complaint, to the supreme court in the county in which he is bound, or in which the overseer who bound him dwells. SEC. 13. Such court, after due notice to the overseer 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 overseer, 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, bound as aforesaid, shall depart from the service of his master, or otherwise neglect his duty, any trial justice or clerk of a justice court, in 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, may 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 justice court to which such warrant shall be returnable. SEC. 15. Such court shall, upon the hearing, endeavor to reconcile the difference, if it can, and order the said servant or apprentice to be returned to the place of his duty, or may commit him to the state work-house and house of correction, there to remain for a term not exceeding twenty days, unless sooner discharged by his master; and the court'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 ap prentice 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 Same subject. 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. neglect, &c., of apprentice. SEC. 17. If any servant or apprentice, bound as aforesaid, shall Remedy in case be guilty of any gross misbehavior, wilful neglect, or refusal of his of misbehavior, duty, the master may complain thereof to the supreme court 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 Same subject. 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 dis- Apprentice charged as aforesaid, may be bound 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 bound 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 pro cess. 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. to be bound anew. Indentures dis charged by death of mas ter. No factory la borers under twelve years of age. Under fifteen years of age to go to school. SEC. 23. No minor who has attained the age of twelve years, and Hours of emis under the age of fifteen years, shall be employed in any manufac- ployment, &c. turing establishment more than eleven hours in any one day, nor be fore five o'clock in the morning, nor after half past seven o'clock in the evening. SEC. 24. Every owner, employer, or agent of a manufacturing establishment, who shall knowingly and wilfully employ any minor, and every parent or guardian who shall permit or consent to the employment of his or her minor child or ward, contrary to the provisions of the next three preceding sections of this chapter, shall be liable to a penalty of twenty dollars for each offence, to be recovered by complaint and warrant before the justice court in the town in which such child shall reside, or in which the manufacturing establishment in which such child shall have been employed shall be situated, one half thereof to the use of the complainant, and the other Penalty upon owner or agent of factory, for breach of preceding sections. Limitation of complaint. Ten hours a legal day, except, &c. half thereof to the use of the district school of the district in which such manufacturing establishment shall be situated, or, if in the city of Providence, to the use of the public schools of said city. SEC. 25. Every such complaint shall be commenced within thirty days after the offence complained of shall have been committed, with right of appeal as in other criminal cases. SEC. 26. Labor performed in any manufacturing establishment, and all mechanical labor, during the period of ten hours in any one day, shall be considered a legal day's work, unless otherwise agreed by the parties to the contract for the same. TITLE XXI. OF THE INDIAN TRIBE. CHAPTER 156. Of the tenure of, and of trespasses on, Indian lands. CHAPTER 157. Of the commissioner of the Indian tribe. CHAPTER 158. Of the Indian school. CHAPTER 159. Of the general meeting of the Indian tribe. Tenure of, how derived and proved. How leased CHAPTER 156. OF THE TENURE OF, AND OF TRESPASSES ON, INDIAN LANDS. SECTION 1. The tenure of the lands belonging to the Narragansett tribe of Indians, as derived from their ancestors, and evidenced by tradition and usage, shall be the legal tenure thereof. SEC. 2. The council of the tribe may lease and regulate the use and regulated. of the tribe land and other Indian land, according to the ancient usages and customs of the tribe, and may apply the proceeds thereof to the support of their poor and to their other expenses. License to cut, &c., to be obtained before cutting trees, &c. Penalty for cutting, &c., without license. SEC. 3. No Indian or other person shall, without the consent of the council of the tribe being first obtained, cut or carry away from any of the lands of the tribe any trees, timber, wood, brush, bark, grass, or other substance whatever. SEC. 4. Every person violating any provision of the next preceding section shall pay four times the value of the trees, timber, wood, or other substance cut, taken, or carried away by him, to be recovered in an action of trespass, brought in the name of the commissioner of the Indian tribe, for the benefit of said tribe. |