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Contracts use of the minor thereby engaged ; and all contracts that to be binding: e shall be made by any parent or guardian, or by any for
him or herself, pursuant to this act, shall be good and effectual in law against all parties, and the minors there
by engaged, according to the tenor thereof. Parents,
ts. Sec. 2. And be it further enacted, That it shall be the &c. to right and duty of all parents and guardians, and of townprotect them from councils, for the time being, (where the town-council shall ill usage. give their approbation as aforesaid, binding minors as
aforesaid, to enquire into the usage of the apprentices and servants bounden as aforesaid, and to defend them
from the cruelty, neglect or breach of covenant of their May com- master or mistress; and such parents, guardians or town
councils for the time being, may complain to the court of the court of sessions. general sessions of the peace, in the county where such
master or mistress are inhabitants, against him or her, for any personal cruelty, neglect or breach of covenant; and the court, after having duly notified the party complained against, shall proceed to hear and determine such com
plaint; and if the same complaint shall be supported, the Who may court may render judgment, that the said minor be dis
.. charged from his or her apprenticeship or service, with
costs against the master or mistress, 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; but if such complaint shall not be supported, the court shall award costs to the respondent, against the parent, guardian or town-council, (where the complaint of the town-council shall be without probable cause,) and
issue execution accordingly. Abscond. Sec. 3. And be it further enacted, That if any servant or ng may apprentice, bounden as aforesaid, shall depart from the be apprehended, service of his or her master or mistress, or otherwise neg
lect his or her duty, it shall be lawful for any justice of the peace of the county where such servant or apprentice may be found, on complaint made to him by the master or mistress, or by any one in his or her behalf, on oath, to issue his warrant to the sheriff, his deputy, or to any constable within the county, directing him to apprehend such servant or apprentice, and bring him or her before the said justice, who, upon hearing, shall endeavor to reconcile the difference, if he can, and order the said servant or apprentice to be returned to the place of his or her duty, or to commit him or her to the common jail of
the county, there to remain for a term not exceeding
• Warrant, such servant or apprentice to the place of his or her duty, by whom directed to any officer or other person by name, shall au- to
cuted. thorize him to convey any such servant or apprentice to such place, notwithstanding it may be in any other county in this State; and the costs of the process and com- coste mitment by said justice, shall be paid by the master or whom mistress, to be recovered by the parent or guardian, and paid. the same, with all further costs he may be holden to pay, shall be a proper article of charge in such guardian's account.
Sec. 4. And be it further enacted, That if any servant Master or apprentice, bounden as aforesaid, shall be guilty of may comany gross misbehavior, wilful neglect or refusal of his or court, &c. her duty, the master or mistress may complain thereof to the court of general sessions of the peace in the county whereof he or she is an inhabitant or resident; and the said court, after having duly notified such servant or ap- tice to be prentice, and all persons covenanting on his or her be- noti half, and the town-council for the time being of the town, when they shall approve as aforesaid, shall proceed to hear and decide on such complaint; and if the said complaint shall be supported, the court may render judgment, that the master or mistress shall be discharged from the Master contract of service or apprenticeship, and every article may be
a discharged thereof, obligatory on him or her, with costs; and award from his execution for costs accordingly, against the parent, guar- contract, dian or minor, where the minor shall engage as aforesaid “c. for him or herself: and any servant or apprentice whose master or mistress shall be discharged as aforesaid, may be bounden out anew.
Sec. 5. And be it further enacted, That no covenant of Deed void apprenticeship, entered into by any minor, his or her pa- on death
of the rent or guardian, for the purpose of such minors becom- master. ing 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 herein before is directed.
the purpose de or mystery the exeche
1721, '98, An act to redress misemployment of Lands, Goods and Stocks 1822.
of Money heretofore or which may be hereafter given to certain Charitable Uses.
FORASMUCH as certain lands, tenements and hereditaments, and the profits of the same, and also stocks of money, chattels, and the profits thereof, have heretofore been given, limited, appointed and assigned, by several well disposed persons, to and for the relief of the poor, and bringing up of children to learning; which lands, tenements, hereditaments, rents and profits of the same, and also goods, chattels, and stocks of money, and the profits thereof, nevertheless, have not been employed according to the charitable intent of the givers and founders thereof, by reason of frauds, breaches of trust, and negligence in those who should pay, deliver and improve the same for the uses designed : for redress and remedy where
of: Town- SECTION 1. Be it enacted by the General Assembly, and by the councils
authority thereof it is enacted, That it shall and may be law
ful to and for each town-council within this State, as need the appli- shall require, within their respective jurisdictions, to encation of charitable quire of all and singular such gifts, limitations, assign
ments and appointments aforesaid, and of the abuses and breaches of trust, negligence, misemployments, not employing, concealing, defrauding and misconverting, or misgovernment, of any lands, tenements, hereditaments, rents, profits, goods, chattels, and stocks of money, and the profits thereof, heretofore given, limited, appointed or assigned, to and for any of the charitable and godly uses
aforesaid, yearly, or as often as to them shall appear red make quisite and needful: and after the town-council, upon callorder rela- ing the parties entrusted with any such lands, tenements, tive to the
hereditaments, and the rents and profits thereof, or with any such goods, chattels or stocks of money, shall make enquiry, they are hereby empowered, upon such enquiry, hearing and examination thereof, to set down such orders, judgments and decrees, that the said lands, tenements,
hereditaments, rents, goods, chattels, stocks of money, and Order to the profits thereof, may be duly and faithfully employed to til altered
à and for the charitable uses and intents of the donors and by su- founders thereof; which orders, judgments and decrees, preime ju- not being contrary or repugnant to the orders, statutes court and decrees of the donors or founders, shall stand firm
goods, chalands, teng and moployme
Why uses and and faithfull of money,
fmoney, junts, rents, protany such landsment, many ren
council, as the same; want of suithe
and good, according to the tenor and purport thereof, and shall be executed by the sheriff accordingly, until the same be altered or undone by the supreme judicial court of this State, for the time being, upon complaint of the party aggrieved made unto them.
Sec, 2. And be it further enacted, That upon the finding Councils any such breach of trust, negligence, misemployment, may ren
"' der judge mismanagement, or under-renting, any such lands, tene- ment, &c. ments, hereditaments, rents, profits, goods, chattels or stocks of money, judgments and executions shall be given forth by the said town-council, against the misemployers, mismanagers and misimprovers of the same; and the same shall be levied out of their estates; and for want of sufficient estate of theirs to be found to satisfy and pay the same, they shall be committed to jail, until the same be satisfied and paid, and a just distribution thereof be made, according to the true intent and meaning of the donors or founders.
Sec, 3. And be it further enacted, That it shall and may Appeal be lawful to and for any person or persons aggrieved at granted. any sentence, order, judgment or decree, of any towncouncil, in any of the cases aforesaid, to appeal from such sentence, order, judgment or decree, unto the supreme judicial court of this State, for the time being, as in other cases is usually allowed; who are hereby empowered to alter, mitigate, reverse or confirm such sentence, order or judgment, of such town-council, and to give a new and final judgment and determination in said case, as they shall think fit and agreeable to equity and good conscience, according to the true intent and meaning of the donors and founders thereof; and shall tax and award costs of suit, by their directions, against such persons as they shall find to complain unto them, without sufficient cause, of the orders, judgments and decrees aforementioned: Provided always, That the party or parties Terms of desiring an appeal from such town-council, to the su- appeal. preme judicial court of this State, do, the same day such order, sentence, judgment or decree is given, request that such his or their desire be entered in the records of said court, and within ten days after judgment, give sufficient bond to the clerk of said council, for the time being, with sufficient sureties, to prosecute his, her, or their appeal with effect, and to stand and abide such final judgment as shall afterwards be given in said cause; or otherwise such person or persons shall lose his, her or
Order of their advantage of appeal as aforesaid ; and in the mean
time, such sentence, order, judgment or decree of such time sus- town-council, shall be suspended, and execution staypended.
ed thereupon, any thing in this act before contained to
the contrary hereof in any wise notwithstanding. Power of Sec. 4. And be it further enacted, That in case any such town
:1. gift shall be hereafter made for the purposes aforesaid, &c. as to the said town-councils and supreme judicial court be and future
they are hereby invested with all the powers above pregifts.
scribed relative thereto.
1666, 77, An act declaring Towns to be Bodies Corporate, establishing 1729, 47, '66, '98,
Town-Councils, regulating Town-Meetings, and prescribing 1803, 08, the manner of recovering debts due from towns. Towns bo- Section 1. Be it enacted by the General Assembly, and dies cor
by the authority thereof it is enacted, That the inhabitants porate.
of each town in this State are hereby declared to be a body politic and corporate, and as such may commence
and prosecute any suit or action in any court proper to May sue
try the same, and may also defend any suit or action and be
commenced against them; and for this purpose, each town within the State shall have full power and authority to nominate and appoint one or more agents or attornies
for that purpose. May make Sec. 2. And be it further enacted, That each and every by-laws. town within this State shall be and are hereby fully em
powered to make and ordain all such acts, laws and orders, for the well directing, managing and ordering all prudential affairs of such town, as to them shall seem
most conducive to the welfare and good order thereof, Inflict fines and to inflict fines and penalties for the non-observance
of the same, not exceeding ten dollars, or more than one month's imprisonment, for any offence; always provided in such cases, that such acts, laws and orders, are not repugnant to the laws of this state.
Sec. 3. And be it further enacted, That every townchoose a meeting in this State, when legally assembled, shall, by a era- majority of votes, choose a moderator, who shall have
power and authority to manage and regulate the business
of the meeting, and to maintain peace and good order Who may therein; and he is hereby also empowered to punish, by disorderly
for fine not exceeding five dollars, or imprisonment not exconduct.' ceeding ten days, any disorderly behavior or breach of