By whom such action may be Proceedings therein, when brought by the Overseers. Ibid, § 16. Limitation of such action by indenture, for the breach of any covenant on his part therein contained; and all damages recovered in such action, after deducting the necessary charges in prosecuting the same, shall be the property of the minor, and may be applied and appropriated to his use, by the person who shall recover the same; and the residue, if any, shall be paid to the minor, if a male, at his age of twenty-one years, and if a female, at her age of eighteen years, or at the time of her marriage within that age. 17. Such action may be brought, either by the parent, or his executors or administrators, or by the guardian, or any one who shall succeed him in that trust, or by the overseers or their successors in that office, or it may be brought in the name of the minor, by his guardian or next friend, as the case shall require, or by himself, after the expiration of the term of apprenticeship or service. 18. If the action is brought by the overseers, it shall not abate by the death of any of them, or by their being succeeded in office, but shall proceed in the names of the original plaintiffs, or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the sixteenth section. 19. No such action shall be maintained by the apprenthe apprentice. tice or servant, unless it be commenced during the term of apprenticeship or service, or within two years after the expiration thereof. Ibid, 17. In case of judgment for the plaintiff, the court may dis prentice. Ibid, 18. 20. If judgment in such action, by whomsoever brought, shall be rendered for the plaintiff, in the court of common charge the ap- pleas, or the supreme judicial court, the court may also, upon the motion of the plaintiff, discharge the minor from his apprenticeship or service, if it shall not have been already done in the manner before provided, and the minor may be thereupon bound out anew. Apprentice absconding may be 21. If any apprentice or servant, bound as aforesaid, arrested, and re- shall unlawfully depart from the service of his master, any justice of the peace, upon complaint on oath made to him by the master, or by any one in his behalf, may issue his warrant to apprehend the apprentice or servant, and bring turned, or im- him before the said justice; and if the complaint shall be supported, the justice may order the offender to be returned to his master, or may commit him to the common jail or house of correction, there to remain for a term not exceeding twenty days, unless sooner discharged by his master. such case. 22. The justice's warrant, when directed to any officer Proceedings in or other person by name, shall authorize him to convey the Ibid, $ 20. offender to the place of residence of the master, although it may be in any other county in the state. of whom recov Ibid, § 21. 23. All the costs, incurred in any such process against Costs therein, a servant or apprentice, shall be paid, in the first instance, erable. by the complainant; and if the complaint shall be supported, the amount of the costs may be recovered by the master, in an action on the indenture, if the same were executed by a parent or guardian, and if recovered against a guardian, the amount paid by him in such action may be charged by him in his guardianship account; and if the indenture were executed by overseers of the poor, or by the minor with the approbation of the selectmen, the amount of such costs may be recovered in action against the minor, after he shall arrive at full age. a complaint for the apprentice, thereon. 2 Pick. 451 24. If any such apprentice or servant shall be guilty of Master may file any gross misbehavior, or refusal to do his duty, or wilful misconduct of neglect thereof, his master may file his complaint in the and proceedings court of common pleas, for the county in which he resides, bid 22. setting forth the facts and circumstances of the case, and the court, after having duly notified the apprentice or servant, and all persons who have covenanted on his behalf, and also the selectmen, who shall have approved of the indentures, or their successors in that office, shall proceed to hear and determine the cause, with or without a jury, as the allegations of the parties may require. thereupon dis the contract. 25. After a full hearing of the parties, or of the complain- Master may be ant alone, if the adverse parties shall neglect to appear, the charged from court may render a judgment or decree, that the master be R. S. 80, § 23. discharged from the contract of apprenticeship or service, and for the costs of the suit; such costs to be recovered of the parent or guardian of the minor, if there be any who executed the indenture, and execution therefor to be issued accordingly; and if there be no parent or guardian liable for such costs, the amount thereof may be recovered in an action against the minor, after he shall arrive at full age; and any minor discharged as aforesaid, may be bound out anew. 26. No indenture of apprenticeship or service, made in the death of the pursuance of the eightieth chapter of the Revised Statutes,1 shall bind the minor after the death of his master, but the apprenticeship or service shall be thenceforth discharged, and the minor may be bound out anew. Apprenticeship discharged by master. Ibid, § 24. Minor may be bound to a mis all the foregoing 27. Any indenture of apprenticeship or service, made tress, to whom in pursuance of said eightieth chapter, by or in behalf of provisions shall a minor, may be made either with a woman or a man, and all the foregoing provisions shall apply as well to mistresses as to masters. apply. Ibid, 25. Common law 28. Nothing contained in said eightieth chapter shall prevent or affect the right of a father, by the common law, to assign or contract for, the services of his children for the 8 Johns. R. 328. term of their minority, or of any part thereof. 7 Mass. 147. 1 Mason, 78. 3 B. & A. 584. 1 Ashm. 267. Provisions as to R. S. 80, 27. 29. Everything, which is prescribed in the preceding city of Boston. twenty-one sections to be done by the selectmen of any town, shall and may be done by the mayor and aldermen of the city of Boston; and everything, prescribed to be done by the overseers of the poor of any town, shall and may be done by the overseers of the poor of the said city, or by the directors of the house of industry therein, or by such other officers as shall have the care and charge of the poor in said city. 9. Children leading an idle or dis- 5. Directors to employ and instruct children. Shall have power to bind out. To have powers, &c., of overseers of the 10. poor. 6. Court may discharge on recom mendation of directors. 7. Children already committed to house of correction may be transferred to house for juvenile offenders. ORDINANCE. 1. Directors of house of industry 8. Separate branch for females 2. Rights and powers of directors. may be established. erect or use city for juvenile offenders. 1825, 182, § 1. 1. By the act of 1825, c. 182, § 1, passed March 4, City council may 1826, the city council of the city of Boston were author- buildings in the ized to erect a building in said city, for the reception, instruction, employment and reformation of such juvenile offenders, as are hereinafter named; or to use for these purposes the house of industry, or correction, at South Boston, or any other house or building belonging to said city, that the city council might appropriate to these uses. victed of crim may be received Ibid, § 2. 2. The directors of the said house of industry, or such Children conother persons as said city council shall appoint directors of inal offences said house, for the employment and reformation of juvenile by directors. offenders, shall have power, at their discretion, to receive and take into said house all such children who shall be convicted of criminal offences or taken up and committed under and by virtue of an act of this commonwealth, "for suppressing and punishing of rogues, vagabonds, common beggars, and other idle, disorderly and lewd persons,"1 and who may, in the judgment of any justice of the supreme judicial court, sitting within and for the county of Suffolk, or of the judge of the municipal court of the city of Boston, or of any justice of the police court within and for the city of Boston, be proper objects therefor; and upon the conviction or commitment aforesaid, of any child, in the judgment 1 The act here cited, i. e. stat. 1787, c. 54, was repealed by stat. 1834, c. 151, § 22 and the latter statute was itself repealed by the Revised Statutes. Most of the provisions of the former in relation to the punishment of the class of offences named therein, are incorporated in Rev. Stat. 143, § 5. See House of Correction, pp. 217, 218, § 5, ante. Appeal from judgment of the police court, unsection, to the der the second municipal court. 1829, c. 18. Children leading an idle or dissolute life, &c., may be sen tenced to house of reformation. 1825, 182, § 3. of such judge or justice a proper object for the said house of employment and reformation, the said judge or justice, previously to declaring the sentence of the law on such child, shall cause notice to be given to the directors of the said house; and in case the said directors shall declare their assent to the admission of such child into said house, the said judge or justice shall sentence him or her to be committed to said house of employment and reformation, subject to the control of the directors thereof, in conformity with the provisions of the succeeding sections. 3. Any party aggrieved by the sentence of the police court, or any justice thereof, passed pursuant to the second section, may appeal from such sentence, to the next municipal court in the said city, whose judgment shall be final, as in other cases of appeals from the judgment of justices of the peace, to the courts of common pleas, in criminal cases; the party appealing recognizing with sufficient surety or sureties, to the satisfaction of the justice of the police court, by whom the sentence is passed, to enter and prosecute such appeal, and in the mean time to keep the peace, and be of good behavior. 4. Any justice or judge of either of the said courts respectively, on the application of the mayor, or of any alderman of the city of Boston, or of any director of the house of industry, or house of reformation, or of any overseer of the poor, of said city, shall have power to sentence to said house of employment and reformation all children who live an idle or dissolute life, whose parents are dead, or if living, from drunkenness, or other vices, neglect to provide any suitable employment, or exercise any salutary To be kept, &c., Control over said children. And the persons thus committed, shall be kept, governed and disposed of, as hereinafter provided, the males till they are of the age of twentyone years, and the females of eighteen years.1 till of age. 1 All of this section except the last sentence, was substantially re-enacted by stat. 1847, c. 208, § 1. See § 10, p. 248, post. |