CHAP. 89. children of the parties; and may determine, with which of the parents, the children or any of them shall remain; and the court may, from time to time, revise and alter such decree, as to the custody, care and maintenance of the children, as the circumstances of all concerned may require, or render expedient. Power of the court, as to compulsory processes. SECT. 28. The court, in the execution of the powers given to them in this chapter, may employ such compulsory process, as they may deem proper, whether by execution or attachment, or such 1821, 71, § 2, 5. other form, as shall be effectual. Decrees of other states, when void in this state. 14 Mass. 227. 1 Pick. 506. When valid, in this state. 9 Greenl. 140. Either party Court may al. SECT. 29. When an inhabitant of this state shall go into any other state or country, in order to obtain a divorce for any cause, which had occurred here, and whilst the parties resided here, or for any cause which would not authorize a divorce by the laws of this state, a divorce, so obtained, shall be of no force or effect in this state. SECT. 30. In all other cases, a divorce, decreed in any other state or country, according to the law of the place, by a court having jurisdiction of the cause and of both the parties, shall be valid in this state. SECT. 31. In all cases of libel for divorce from the bond of matrimony, either party shall be entitled to a trial by jury, on requesting it; and, if the jury shall find the facts, stated in the libel, to be true, and if such facts shall be sufficient, by the laws of the state, to authorize a divorce, the court shall thereupon decree a divorce, as prayed for in the libel. SECT. 32. The justices of the supreme judicial court may, at grant a new tri- their discretion, and on such conditions as they may impose, grant a new trial in cases of divorce, whenever they shall judge it reasonable, and whenever the parties have not lived together, since the former trial, on application of the party, aggrieved by the judgment then given; provided such new trial shall not be granted, after the lapse of three years after the former judgment. Binding of minors, under CHAPTER 90. OF MASTERS, APPRENTICES AND SERVANTS. SECT. 1. Binding of minors, under fourteen SECT. 8. Minor not to be transferred, nor years of age. 2. Binding minors, above the age of 3. Indentures, in such cases. 4. By whom indentures shall be kept. 5. Consideration, how secured. 7. Void, on the death of the master. transported from the state. 9. Proceedings, for discharge of apprentice for ill treatment. 10. Proceedings, to discharge him for misbehavior. 11. How recovered, in case he absconds. SECTION 1. Children, under the age of fourteen years, may be bound as apprentices or servants, until that age, without their consent, by their father, if living; and if not, by their mother or legal 1821, 170, § 1. guardian: and, if they have no parent or guardian, they may bind fourteen years of age. themselves, with the approbation of the selectmen of the town, or CHAP. 90. assessors of the plantation, where such minor children reside. SECT. 2. Minors, above the age of fourteen years, may be bound in the same manner with their consent; which shall be distinctly expressed in the indenture and testified by their signing the same; 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. Binding of minors, above the 1821, 170, § 1. age of fourteen. 10 Pick. 68. SECT. 3. No minor of any age shall be bound as aforesaid, Indentures, in unless by an indenture of two parts, signed, sealed and delivered such cases. 1821, 170, § 1. by both parties; and, when the minor shall bind himself, as afore- 13 Maine, 151. said, by the consent of the selectmen or assessors before mentioned, their consent and approbation shall be certified in writing, by them signed on each part of the indenture. dentures shall 1821, 170, § 1. SECT. 4. One part of the indenture shall be kept by the master By whom inor mistress, to whom the minor is bound, and the other part, by the be kept. parent or guardian, for the use of the minor; and, when made by the approbation of the selectmen, or assessors, as aforesaid, it shall be deposited with the town or plantation clerk. how secured. SECT. 5. All considerations allowed by the master or mistress, Consideration, in any contract of service or apprenticeship, shall be secured by 1821, 170, § 1. the indenture to the sole use of the minor; and to be paid to such 7 Mass. 145. minor, without any control on the part of the parent or guardian, at any time. SECT. 6. All indentures, made in the manner and form prescribed in this chapter, shall be binding and effectual in law, against all parties thereto. SECT. 7. No indenture, between any minor, his parent or guardian, and any master or mistress, or their executors and administrators, shall be binding on such minor, parent or guardian, after the decease of such master or mistress; but, on the death of such master or mistress, the indenture shall be deemed void from that time; and the minor may be bound out in the manner aforesaid. SECT. 8. A minor, bound in manner aforesaid, as an apprentice or servant to any master or mistress, shall not be transferable by such master or mistress, to another person, nor shall such master or mistress have any authority to transport such apprentice or servant beyond the jurisdiction, within which the indenture was made, and with reference to the laws of which, such parties contracted. Indentures to be binding. 1821, 170, § 1. Void, on the 1821, 170, § 2. death of master. Minor, not to be transferred, nor transported out of the state. 8 Mass. 299. apprentice, for SECT. 9. Parents and guardians, who have bound minors, and Proceedings, selectmen and assessors, who have given approbation to the binding for discharge of of minors, by their own act, shall have a right to inquire into their ill treatment. usage, and defend them from the cruelty or other injury of their 4 Pick. 106. masters and mistresses; and such parents, guardians and selectmen may complain to the district court of the county, of which such master or mistress is an inhabitant, against them for any such cruelty, neglect or injury; and said court, after giving due notice to the person complained of, may hear and decide on such complaint; and, if the same shall be supported, may render judgment, that the minor be discharged from his apprenticeship or service, with costs against the respondent, and award execution accordingly; in which case the indenture shall be void, from the time of the rendition of CHAP. 90. Such judgment. If the complaint be not supported, the court shall award costs for such respondent, against the parent, guardian or selectmen or assessors, where the complaint shall appear, to the court, to have been made without probable cause, and issue execution accordingly. Proceedings, to discharge him SECT. 10. If any apprentice or servant shall be guilty of any for misbehavior. gross neglect or misbehavior, or wilful refusal to do his duty, the 1821, 170, § 4. master or mistress may complain thereof to said court, in the county where the complainant lives; and the court shall, after giving notice to such apprentice or servant, and all persons interested, by means of signing or approving the indenture, hear and decide the cause; and, if the complaint is supported, may discharge the said master or mistress, from the obligation of said indenture, with costs, and award execution therefor; and the apprentice or servant may be bound out anew. SECT. 11. If any apprentice or servant, bound as aforesaid, shall depart from the service of his master or mistress, any justice of the peace of the county, where the delinquent may be found, on complaint of such master or mistress, may issue his warrant against him, and cause him to be brought before such justice; who, upon a hearing, may order such apprentice or servant to be returned to the place of his duty, or commit him to the jail of said county, for a term not exceeding twenty days, unless sooner discharged by the master or mistress. And the warrant of such justice shall authorize the officer, to convey such delinquent to his master or mistress, though they may reside in another county. The expenses, attending the above proceedings, shall be paid by the complainant, and may be recovered by action on the deed of indenture; and, if recovered of a guardian, they shall be a valid and proper article of charge in his guardianship account. TITLE SEVENTH. Of acquisition of titles to real and personal estate. CHAPTER 91. Of conveyances by deed; their form, acknowledgment, proof, registry, operation and construction. 92. Of wills, testaments and devises. 93. Of title by descent. 94. Of title to real estate, taken by execution. 95. Of estates in dower, by curtesy and at will. CHAP. 91. CHAPTER 91. OF CONVEYANCES BY DEED; THEIR FORM, ACKNOWLEDGMENT, PROOF, SECT. 1. What interests in land will pass SECT. 19. How proveable, without subscrib by deed. 2. Lands purchased by aliens. 3. Lands purchased from aliens, be- 4. Contingent remainders, and other 5. Conveyances by married women. 7. Life estate, with a vested remain- 8. Quitclaim deed. 9. Conveyance of a greater estate 12. Grant to one for life, and to his 13. Tenancy in common, how created. ney. 15 Conveyances to counties. 16. Acknowledgment of deeds. 17. Before whom made. 18. Proof of deed not acknowledged, after death of grantor. 25. Register to certify the time, when 26. No deed effectual, without regis- 27. Bond of defeasance not effectual, 28. Pews declared real estate, 30. Estates greater than at will must 33. Record of trust, equivalent to no- pass by deed. 13 Mass. 371. SECTION 1. When any person shall make a deed of any lands What interests or other real estate, owned by him in severalty, or in common with in land will others, acknowledged and recorded in the manner prescribed in this 1821, 36, § 1, 5. chapter, whether at the time of the execution and delivery of the 6 Mass. 24. deed he is seized, or not seized, of such lands, or estate, but to or for which he has a right of entry, such lands or estate, or all the title or interest, which the grantor has in or to the same, shall pass by such deed of conveyance, as effectually as if the grantor was, at the time of the conveyance, seized of the same. SECT. 2. Any person, who has purchased real estate during Lands purchasalienage, and afterwards become naturalized, shall have power, and 1834, 105, § 1. ed by aliens. Lands purchas CHAP. 91. be entitled, to hold the same in fee simple, and to convey or devise the same, in like manner, as if he had been a native born citizen. SECT. 3. No title or claim of any citizen of the state, who was ed from aliens, in actual possession of lands, on or before the first of January, eighteen hundred and thirty four, shall escheat or be defeated on account of the alienage of any person, through or from whom his title to such lands was derived; but he may sell and dispose of the before January Contingent remainders, and other limited estates. Conveyances same. SECT. 4. When any contingent remainder or executory devise, or other estate in expectancy, has been so granted or limited to such [any] person, that in case of his death before the happening of the contingency, the estate would descend to his heirs in fee simple, such person may, before the happening of the contingency, sell, assign or devise the premises, subject to such contingency. SECT. 5. The joint deed of husband and wife shall be effectual by married wo- to convey her real estate, but not to bind her to any covenant, or estoppel therein. men. Conveyance by 9 Mass. 161. Life estate, with a vested remainder. 1821, 36, § 5. Quitclaim deed. 7 Mass. 381. Conveyance of SECT. 6. Any person, actually seized of lands, as tenant in tail, may convey the same in fee simple; and such conveyance shall bar the estate tail, and all the remainders and reversions expectant thereon. SECT. 7. When lands are held by one person for life, with a vested remainder in tail to another, the tenant for life and remainder man may convey the same, in fee simple, by their joint deed, and such conveyance shall bar the estate tail, and all the remainders and reversions expectant thereon. SECT. 8. A deed of release or quitclaim, of the usual form in this state, shall pass all the estate which the grantor had and could convey, by a deed of bargain and sale. SECT. 9. A conveyance by a tenant for life or years, of a a greater estate, greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate, which the tenant could lawfully convey. than grantor possesses. Expectant es SECT. 10. No expectant estate shall be defeated or barred, by tate, not defea- any alienation or other act of the owner of the precedent estate; nor by any destruction of such precedent estate by disseizin, or the forfeiture, surrender or merger thereof. sible by tenant of precedent estate. Construction SECT. 11. The two preceding sections shall not be construed, of the two pre to control or affect the provisions in the sixth and seventh sections, of this chapter, as to estates tail. ceding sections. Grant to one for life, and to his right heirs after his death. 1821, 38, § 3. 4 Pick. 198. Tenancy in common, when created. 1821, 35, § 1. 4 Mass. 566. 7 Mass. 131. 8 Mass. 274. 11 Mass. 469. 16 Mass. 59. 12 Pick. 534. 22 Pick. 556. SECT. 12. When lands are given, by deed or will, to any person for life, and after his death to his heirs in fee, or by words to that effect, the conveyance or devise shall be construed to vest an estate for life only, in such first person, and a remainder in fee simple in his heirs. SECT. 13. All conveyances and devises of land, made to two or more persons, except conveyances in mortgage, shall be construed to create estates in common, unless it shall be expressed therein, that the grantees or devisees shall take the lands, jointly, or as joint tenants, or in joint tenancy, or to them and the survivors of them; but, where any estate has vested in the survivor or survivors, on the principle of joint tenancy, it shall be so held. |