pointment was made, certified conformably to the acts of congress, relating to the certification of judicial proceedings between the states, and furnishing satisfactory evidence, that such guardians and trustees have power, by the laws of the state where he was appointed, to control the estate of their wards, such court of probate, may, in its discretion, direct such estate to be transferred to such guardian, or trustee. 'dian to transfer, SECT. 89. The executor, administrator, guardian, or trustee, Duty of guar shall transfer the personal estate of such heir, legatee, or ward, to &c. said guardian, or trustee, according to the directions of said court, and take his receipt for the same, and shall make return of his doings, under oath, which, with said receipt, shall be recorded in the records of said court, and said executor, administrator, guardian, or trustee, shall thereupon be discharged from all future liability for the property so transferred. Income of mi SECT. 90. The courts of probate may direct guardians of minors, nor's property, residing in another state, to pay over all, or a part, of the annual how used. income of such minor's property, to be applied to the nurture, or education, of such minor, in the state where he or she resides. tamentary provisions. SECT. 91. Nothing in the four preceding sections shall be con- Not to effect tesstrued, to change any provision made by any testator, relative to the custody, investment, or protection, of any property given to any minor. dian. SECT. 92. When the interest of a minor in real estate has been 1863. The avails of real sold, under the provisions of this act, by some person, other than estate sold, may the parent, or guardian, of such minor, such person may, with the be paid to guarapproval of the court ordering the sale, pay over, and assign, the avails of such sale, to the guardian of such minor, for the minor's benefit, any thing in the condition of the bond, given by such person to the judge of probate, to the contrary notwithstanding; but the guardian shall give a bond, to the satisfaction of the judge of probate, containing the same provisions, and conditions, as the bond given by said person, upon receiving the order to sell said real estate. CHAPTER VI. OF MASTER AND SERVANT. ters may bind ap SECT. 93. The fathers, and guardians of minors, may bind them Fathers and masby deed, or indenture, as apprentices, to learn some trade, or pro- prentices. fession, males till twenty-one, and females till eighteen years of age, or to the time of their marriage, within that age, with the assent of such minor, expressed in the indenture, by subscribing the same, which binding shall be effectual.* SECT. 94. Minors of the age of fourteen, having no father, or When minors guardian, within this state, may bind themselves apprentices, by selves. An apprenticeship cannot exist, without a deed or writing, signed by the father or guardian, with the consent of the minor expressed in the writing. Peters v. Lord, 18 C. R. 337. may bind them When selectmen may bind apprentices. 1850. To charitable societies. Refractory apprentices how punished. indenture, with the approbation of the major part of the selectmen in the town. SECT. 95. If any person, who has had relief, or supplies, from any town, shall suffer his children to mis-spend their time, and live in idleness, and shall neglect to bring them up, and employ them in some honest calling, or if any family cannot, or does not, provide competently for their children, whereby they are exposed to want, or if any poor children, in any town, live idly, or are exposed to want and distress, and there are none to take care of them, the selectmen of such town, with the assent of a justice of the peace, shall bind out such poor children, belonging to such town, to be apprentices to some proper calling, or profession, males till the age of twenty-one, and females till the age of eighteen years, or to the time of their marriage, within that age; and said selectmen, may bind out such children, in like manner, to any charitable society, incorporated for the purpose of relieving and educating orphans, or destitute children, whose place of doing business is in said town; and such societies shall have the same authority, with regard to such children, as, by their acts of incorporation, they have over the children who have been surrendered to them by their parents. SECT. 96. If any apprentice, bound by indenture, shall refuse, or willfully neglect, to serve as an apprentice, according to the terms of the indenture, or shall disobey the lawful commands, or resist the authority of his master, or shall waste, or destroy his property, or be guilty of any gross misbehavior, and willful neglect of duty, the master may make complaint to any two justices of the peace, in the town where he lives, who may issue a warrant and cause such apprentice to be brought before them, and inquire into the truth of the matters complained of; and if they shall find such apprentice guilty, they may commit him to the house of correction, or, if there be none, to the common jail in the county, there to be confined at hard labor, for such time as they shall think proper, not exceeding Justices may re-thirty days; but such justices may order such apprentices, on reforor discharge from mation, to be released from prison, or such justices may, if they judge apprenticeship. it best, discharge such master from the contract of apprenticeship, and may cancel the indenture, and in that case, such apprentice may be bound out anew.* lease from prison, be brought back. Runaway ap- SECT. 97. When an apprentice, bound by indenture as aforesaid, prentices, how to shall depart from the service of his master, any justice of the peace, on complaint of the master, may issue his warrant to the sheriff, or constable, commanding him to press men, if necessary, to pursue such apprentice, and bring him back by force, at the request and expense of the master. Abuse of apprentice by masters. SECT. 98. The parents and guardians of apprentices, and the selectmen, where the apprentices are bound by them, shall inquire into the treatment of the apprentices by their masters; and if they find that the masters are guilty of any personal cruelty, or abuse, or refuse to provide for them necessary food and clothing, or neg lect to instruct them in the trade, or business, to learn which they are bound apprentices, or if such apprentices shall flee from the tyranny and cruelty of their masters, to the houses of any of the inhabitants of the same town, then, in either of the above cases, such parents, guardians, or selectmen, shall make complaint to a *Proceeding under this section, criminal in its character. Francis . Lewis, 11 C. R. 200. justice of the peace in the town, who shall cause such masters and apprentices to come before him, and reconcile them if he can, and if he cannot, he may, according to his discretion, bind the master to appear at the next superior court, and also the apprentice, or give order for his custody in the meantime, and for his appearance at said court, which court shall inquire into the matters complained of, and if it finds the master has been guilty of personal cruelty and abuse, has refused to furnish the apprentice necessary food and clothing, or has neglected to instruct him in his trade, or business, it may discharge the apprentice from the service of the master, and cancel the indenture, with costs against the master, and award execution accordingly; but if the complaint shall be found untrue, and without probable cause, the court shall award costs to the master, against the parents, guardian, or selectmen, and issue execution for the same. ployed in facto and arithmetic. SECT. 99. The president and directors of all factories, legally children emincorporated, and the proprietor, or proprietors, of all other manu- ries to be taught facturing establishments in this state, shall cause the children, em- reading, writing, ployed in such factory, or establishment, whether bound by indenture, by parol agreement, or in any other manner, to be taught to read and write, and also to be instructed in the elements of arithmetic, provided the term of their service shall be of so long duration that such instruction can be given, and shall cause due attention to be paid to the preservation of their morals, and that they be required, by their masters or employers, regularly to attend public worship.* SECT. 100. The civil authority and selectmen of the towns in Board of visitors, which such factories, or manufacturing establishments, are, or a and their duty. committee by them appointed, shall constitute a board of visitors, who shall, in the month of January, annually, or at such other times as they shall appoint, carefully examine and ascertain whether the requirements of this act, relating to the instruction and the preservation of the morals of the children employed as aforesaid, are duly observed, and if, on such examination, such board of visitors shall discover that the president and directors of any incorporated factory, or the proprietor, or proprietors of any manufacturing establishment, have neglected to observe said requirements, such board of visitors shall report such neglect to the next superior court, in the county where the same shall have occurred, and thereupon, such court shall cause the president and directors of such incorporated factory, or the proprietor or proprietors of such manufacturing establishment, to appear before such court, to answer in the premises, and if, on due inquiry, it shall be found that such president and directors, or the proprietor, or proprietors, of such establishment, do not duly attend to the education of the children by them respectively employed, as is by this act required; or that due attention is not paid, to preserve the morals of such children, such court shall, at its discretion, either discharge the indentures, or contracts, relating to such minors, and binding them to render services in such indentures or imestablishment, or it may impose such fine, or forfeiture, on the president and directors of such factories, and on the proprietor, or proprietors of such establishment, as it may consider just and reasonable, not exceeding the sum of one hundred dollars. * Children thus employed, not to be corrected by proprieters. Matthews v. Terry, 10 C. R. 455. Superior court may discharge pose fine. 1855. Penalty for eloigning apprentices. Apprentices absconding, liable to damages SECT. 101. If any person, shall eloign any minor from the service or custody of his, or her, master, or of any corporation, to which such minor may be legally bound, by indenture, or otherwise, or shall entice such minor from the service, or employment, of such master, or corporation, or shall aid and abet therein, he shall forfeit to the treasurer of the county, in which the offense is committed, a sum not exceeding one hundred dollars, or be imprisoned for a term not exceeding six months. Nothing herein contained shall effect the right of the master, or corporation, to recover just damages for the loss they may sustain by such acts. SECT. 102. If any servant, or apprentice, shall, without sufficient abscond from the service of his master, such servant, or apcause, when of full age. prentice, when he shall arrive at full age, shall be responsible for all the damages which may have been sustained by his former master, or employer, in consequence of his absconding. TITLE XIV. AN ACT CONCERNING THE DRIVING OF CARRIAGES, of to How drivers vehicles are pass each other, &c. When drivers re Be it enacted by the Senate and House of Representatives, in General SECTION 1. That when the drivers of any stages, coaches, wagons, chaises, sleighs, cutters, or any other carriages for the conveyance of persons, shall meet in the public highway, and have occasion to pass each other, each shall turn to the right, so as to give the other onehalf of the traveled path, if practicable, and shall slacken his pace, so as to give the other a fair and equal opportunity to pass; and every driver, who shall be guilty of a breach of this section, shall forfeit the sum of fifteen dollars, one-half to him who shall prosecute the same to effect, and the other half to the treasury of the town where the offense is committed; and every driver shall be responsible to the party injured, for all the damage occasioned by his refu sing to conform to the provisions of this act. SECT. 2. Every driver of any such vehicle, who shall, by negli sponsible for tre- gence or carelessness, drive or run his vehicle, against another veble damages. hicle, or any horse passing the highway, and conforming to the pro visions of this act, and cause any injury to such vehicle, or any person in it, or to any such horse, or shall drive or run his vehicle against any person, traveling on horseback or on foot, and injure him, when such person is not guilty of any blamable conduct to occasion it, or who shall overtake any vehicle, traveling the same course, and drive or run his vehicle against such vehicle, and injure the same, or any person in it, or the horses, shall pay to the party injured treble damages and costs; and every driver who shall, willfully and When also liable with design, commit such injury, shall, in addition to said treble to a fine. damages, forfeit to the treasury of this state a sum not exceeding one hundred dollars, according to the nature and aggravation of the offense. And the owner of any stage, or other vehicle, shall be liable vehicles liable. to pay all the damages recovered against the driver thereof, by vir- When owners of tue of this section, if such driver is unable to pay the same, to be recovered by writ of scire facias, before any court proper to try the same. teams. SECT. 3. When any vehicle, of the above description, shall meet How to pass or overtake a team, in the public highway, and shall have occasion to pass the same, the teamster shall, when necessary and practicable, turn his team so far on one side of the road, as to give such vehicle an opportunity to pass by it; and every teamster, who shall be guilty of a breach of this section, shall forfeit seven dollars, one half to him who shall prosecute to effect, and the other half to the treasury of the town where the offense is committed. 1838. Common council cities may regu SECT. 4. The court of common council, of the respective cities, may, from time to time, make such orders, rules, and ordinances, as of the respective they may deem necessary, for the regulation of the public hacks, or late public carother public carriages for the conveyance of passengers, in said cities riages and estab respectively; may establish the rates of fare, for the conveyance of lish rates of fare. any passengers to or from any steamboat landing, or railroad depot or station, or other place or places, within the limits of such city; may assign and establish suitable and convenient stands for such hacks, or other public carriages, in the streets, at the steamboat landings, and railroad stations, in such cities respectively; may make all necessary rules and orders, for the safe and orderly occupation of such stands; may prescribe such penalties, for each and every violation of any such order, rule, ordinance, or regulation, as they may deem proper, not exceeding thirty-four dollars for any one offense. certified and published. SECT. 5. All such orders, rules, regulations, and ordinances, shall Regulations, how be certified by the clerk of said common council, and published in one or more newspapers, published in said cities respectively, at least once a week, for three weeks before the same take effect. Penalty for viola SECT. 6. Every driver, owner, or person, having charge of any 1888. 1850. public hack, or other carriage, for the conveyance of passengers, tion of such regwho shall refuse to conform to any such order, rule, regulation, or ulations. ordinance, so made and published, as aforesaid, or who shall, in any respect, violate any such order, rule, regulation, or ordinance, so made and published, shall forfeit to the treasurer of the city, to which he shall belong, such fine as shall be by said court of common council prescribed therefor; and whenever final judgment shall be rendered against any person, for the fine or forfeiture, incurred for a violation of the provisions of this section, and for costs, if such person shall not pay the same within thirty days after the judgment shall be rendered, he shall be committed to the work-house, in the town where he dwells, to be kept at hard labor not exceeding twenty |