changes of names to be SECT. 14. Each judge shall annually in the month of December Returns of make a return to the office of the secretary of the commonwealth, of all changes of names made in his court under this chapter; and the made, &c. same shall be published in a tabular form with the statutes of the See Ch. 3, § 1. following year. 1851, 256, § 4. of age bound as apprentices or ser SECTION 1. Children under the age of fourteen years may be bound Minors may be as apprentices or servants until that age; and minors above the fourteen years may be bound as apprentices or servants, females 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. vants. R. S. 80, § 1. how bound when under fourteen years. 5, 6. SECT. 2. Children under the age of fourteen years may be bound by their father, or in case of his death or incompetency, by their mother or legal guardian. If illegitimate, they may be bound by their mother R. S. 78, §§ 4, during the lifetime of the putative father as well as after his decease. R. S. 80, § 2. If they have no parent competent to act, and no guardian, they may 2 Mass. 109, 387, with the approbation of the selectmen of the town where they reside, bind themselves. The power of a mother to bind her children shall cease upon her subsequent marriage, and shall not be exercised by herself or husband during the continuance of such marriage. SECT. 3. Minors above the age of fourteen years may be bound in the same manner, but when bound by their parent or guardian, the minor's consent shall be expressed in the indenture and testified by his signing the same. SECT. 4. A minor child who is, or either of whose parents is, chargeable to a town as having a lawful settlement therein, or supported there at the expense of the state, may be bound as an apprentice or servant by the overseers of the poor. SECT. 5. Such children, whether under or above the age of fourteen years, may be so bound, females to the age of eighteen years or to the time of their marriage within that age, and males to the age of twentyone years; and provision shall be made in the contract for teaching them to read, write, and cipher, and for such other instruction, benefit, and allowance, either within or at the end of the term, as the overseers may deem reasonable. 433. when above fourteen, R. S. 80, §.3. Overseers of poor may bind. R. S. 80, $6. 7 4 N. H. R. 139. 2 Pick. 451. until what age, and upon R. S. 80, § 7. what terms. 5 Pick. 250. SECT. 6. No minor shall be so bound unless by an indenture of two Indenture to be of two parts, &c. parts sealed and delivered by both parties; and when made with the R. S. 80, §§ 4, 8. approbation of the selectmen, they shall certify such approbation in writing upon each part of the indenture. One part of in- kept for minor. Money, &c., to prentice. SECT. 7. One part of the indenture shall be kept by the parent or guardian executing it, for the use of the minor; and when made with the approbation of the selectmen or by the overseers of the poor, shall be deposited with the town clerk, and safely kept in his office for the use of the minor. SECT. 8. All considerations of money or other things paid or albe for use of ap- lowed by the master upon a contract of service or apprenticeship made in pursuance of this chapter, shall be paid or secured to the sole use of the minor bound thereby. R. S. 80, § 9. Parents, select quire into treat- SECT. 9. Parents, guardians, selectmen, and overseers, shall inquire men, &c., to in- into the treatment of all children bound by them respectively or with their approbation, and of all bound by or with the approbation of the predecessors in office of any of them, and defend them from all cruelty, neglect, and breach of contract, on the part of masters. dren. R. S. 80, § 10. Complaint for master or ser- R. S. 80, §§ 11, 22. 1859, 196. SECT. 10. Complaints by parents, guardians, selectmen, or overseers, misconduct of for misconduct or neglect of the master, and by the master, for gross misbehavior, or refusal to do his duty, or wilful neglect thereof, on the part of the apprentice or servant, may be filed in the superior court in the county where the master resides, setting forth the facts and circumstances of the case. The court shall order notice to the adverse party, and if the complaint is by the master, to all persons who have covenanted in behalf of the apprentice or servant, and to the selectmen who approved of the indenture, or their successors in office, and shall hear and determine the case with or without a jury, as the allegations of the parties may require. 2 Pick. 451. may award R. S. 80, §§ 12, Master liable to R. S. 80, § 14. By whom action R. S. 80, § 15. SECT. 11. The court may render a judgment or decree, that the minor be discharged from his apprenticeship or service, or the master from his contract, and the minor thus discharged may be bound out anew. SECT. 12. Costs may be awarded to the prevailing party and execu tion issued therefor; but no costs shall be awarded against selectmen or overseers, unless it appears that the complaint was made without just and reasonable cause. Costs in favor of the master may be recov ered of the parent or guardian who executed the indenture, or if there is no parent or guardian liable therefor, such costs may be recovered in an action against the minor when he arrives at full age. SECT. 13. Every master shall be liable to an action on the indenture for the breach of any covenant on his part therein contained. 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 recovers the same, and the residue shall be paid to the minor, if a male, at the age of twenty-one years, and if a female, at the age of eighteen years, or at the time of her marriage within that age. SECT. 14. Such action may be brought by the parent or his execu may be brought. tors or administrators, the guardian, or any one who succeeds him in that trust, or the overseers or their successors in office; or it may be brought in the name of the minor by his guardian or next friend, as the case requires; or by himself after the expiration of the term of appren ticeship or service. 98man 137 Proceedings Overseers. R. S. 80, § 16. SECT. 15. 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 city or town treasury to be applied and disposed of as provided in section thirteen. SECT. 16. No such action shall be maintained, unless commenced Limitation of during the term of apprenticeship or service, or within two years after action by apthe expiration thereof. prentice. R. S. 80, § 17. SECT. 17. If judgment in such action is rendered for the plaintiff, the If judgment for court may upon motion of the plaintiff discharge the minor from his plaintiff, court apprenticeship or service, if not already done as before provided, and apprentice. the minor may be bound out anew. may discharge R. S. 80, § 18. be arrested, and prisoned. R. S. 80, § 19. SECT. 18. If an apprentice or servant, bound as aforesaid, unlawfully Apprentice abdeparts from the service of his master, any police court or justice of the sending may peace, upon complaint on oath made by the master or any one in his returned or imbehalf, may issue a warrant to apprehend the apprentice or servant and bring him before the court or justice. If the complaint is supported, the court or justice may order the offender to be returned to his master, or commit him to the jail or house of correction for a term not exceeding twenty days, unless sooner discharged by his master. SECT. 19. The warrant when directed to an officer or other person by name, shall authorize him to convey the offender to the place of residence of the master in any county in the state. Proceedings in such case. erable. . SECT. 20. All costs incurred in such process against a servant or ap- Costs therein, SECT. 21. No indenture of apprenticeship or service made in pursu- Apprenticeship ance of this chapter shall bind the minor after the death of his master, death of master. discharged by but the apprenticeship or service shall be thenceforth discharged, and R. S. 80, § 24. the minor may be bound out anew. SECT. 22. All the foregoing provisions shall apply as well to mis- Mistresses. tresses as to masters. right. R. S. 80, § 25. SECT. 23. Nothing contained in this chapter shall affect the father's Common law right at common law to assign or contract for the services of his chil- RS. 80, § 26. dren during their minority. 8 Johns. R. 328. 3 B. & A. 586. 1 Ashm. 267. 7 Mass. 147. 1 Mason, 78. SECT. 24. Every thing prescribed in this chapter to be done by the Powers and duselectmen of a town, shall and may be done by the mayor and alder- ties, in whom men of a city; and every thing prescribed to be done by the overseers R. S. 80, § 27. of the poor of a town, shall and may be done by the overseers of the poor of a city, or the directors of the house of industry, or such other officers as have charge of the poor therein. vested in cities. 5.98man 137 PART III. OF COURTS AND JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES. TITLE I. OF COURTS AND JUDICIAL OFFICERS. CHAPTER 112. Of the Supreme Judicial Court. CHAPTER 113.-Of the Supreme Judicial Court-Equity Jurisdiction. CHAPTER 114.Of the Superior Court. CHAPTER 115.-Of Matters common to the Supreme Judicial and Superior Courts. CHAPTER 116.- Of Police Courts. CHAPTER 117. Of Probate Courts. Of Judges and Registers of Probate and Insolvency. CHAPTER 120.-Of Justices of the Peace. CHAPTER 121.-Of Clerks, Attorneys, and other Officers of Judicial Courts. Special Provisions respecting Courts and the Administration of SECTION 26. Law term of court for the commonwealth. What questions entered and determined therein. 27. Law terms for other counties, where and 28. Jury terms, when and where held. 31. Judgments, how entered in actions contin- 32. Liability of security to be computed from time of such entry. SECTION 1. There shall be one chief justice, and five associate justices of the supreme judicial court. SECT. 2. Four justices shall constitute a quorum to decide all matters requiring to be heard by a court of law. 1859, 196, § 39. Number of jus. tices. Quorum in court of law. R. S. 81, § 11. General super inferior courts. SECT. 3. The court shall have general superintendence of all courts of inferior jurisdiction to correct and prevent errors and abuses therein, intendence of where no other remedy is expressly provided, and may issue writs of May issue writs error, certiorari, mandamus, prohibition, quo warranto, and all other of error, &c. writs and processes to courts of inferior jurisdiction, corporations, and 1859, 196, $38. individuals, necessary to the furtherance of justice and the regular execution of the laws. 1859, 282. 2 Met. 376. 10 Met. 217. 3 Cush. 214. 5 Cush. 386, 406. 8 Cush. 529. Majority of jus tices may reofficers. 1856, 173, § 7. move certain 1858, 93. R. S. 81, § 13. 1859, 196. SECT. 4. A majority of the justices may remove from office the clerks of the courts or of their own court, when in their judgment the public good requires such removal; and on bill, petition, or other process, a majority of them may remove any clerk of the superior court or of a police court, any commissioner of insolvency, sheriff, register of probate and insolvency, or district-attorney, if sufficient cause is shown therefor and it appears that the public good requires it; and a summary hearing may be had upon bill, petition, or other process, in term time or vacation. SECT. 5. Trials of indictments for capital crimes; questions of law Trials, &c., by on exceptions, on appeals from the superior court, on cases stated by the full court. parties, and on special verdicts; and all issues in law, shall be heard and R. S. 136, § 22. determined by the full court. SECT. 6. The court shall have original and exclusive jurisdiction of Jurisdiction, petitions for divorce and nullity of marriage, and original and concur- fer rent jurisdiction with the superior court, of petitions for partition and 1810, 87, 1 writs of entry for foreclosure of mortgages, and of civil actions in which 1851, 82, $2. the damages demanded or property claimed exceed in amount or value 1852, 51, §§ 1,3. four thousand dollars if brought in the county of Suffolk, and one thou- 6 Met. 270. sand dollars if brought in any other county, if the plaintiff, or some one 11 Met. 293. in his behalf, before service of the writ, makes oath or affirmation before 2 Cush. 494. some justice of the peace that he verily believes the matter sought to be see Ch. 156, recovered actually equals in amount or value said sums respectively; a §§ 5, 7. certificate of which oath or affirmation shall be indorsed on or annexed to the writ. general. 1842, 14, § 1. 1859, 196, § 30. 7 Met. 43. 5 Cush. 534. of actions re perior court. SECT. 7. The court shall have jurisdiction of all actions and proceedings at law, made returnable to the superior court and removed to the moved from susupreme judicial court or transmitted to it under the provisions of chap- 1559, 196. ter one hundred and fourteen. case. may do in capR. S. 81, § 15. SECT. 8. A person indicted for a capital crime may be arraigned be- What justice fore the court held by one justice, and if he pleads guilty, such court may award sentence against him according to law. 1859, 196, 282. 2 Mass. 303. SECT. 9. If the prisoner in such case does not plead guilty, the court may assign him counsel and take all other measures preparatory to a R. S. 136, § 21. may assign |