employment of his or her minor child or ward, contrary to the provisions of the next three preceding sections of this chapter, shall be liable to a penalty of twenty dollars for each offence, to be recovered by complaint and warrant before any justice of the peace in the town in which such child shall reside, or in which the manufacturing establishment in which such child shall have been employed shall be situated, one half thereof to the use of the complainant, and the other half thereof to the use of the district school of the district in which such manufacturing establishment shall be situated, or if in the city of Providence, to the use of the public schools of said city. SEC. 25. Every such complaint shall be commenced within thirty days after the offence complained of shall have been committed, with right of appeal as in other criminal cases. SEC. 26. Labor performed in any manufacturing establishment, and all mechanical labor, during the period of ten hours in any one day, shall be considered a legal day's work, unless otherwise agreed by the parties to the contract for the same. TITLE XXI. Of the Indian Tribe. CHAPTER 140. Of the tenure of, and trespasses on Indian lands. CHAPTER 141. Of the commissioner of the Indian tribe. CHAPTER 142. Of the Indian school. CHAPTER 143. Of the general meeting of the Indian tribe. CHAPTER 140. OF THE TENURE OF, AND OF TRESPASSES ON INDIAN LANDS. SECTION 1. Tenure of, how derived and proved. 2. How leased and regulated. 3. License to cut, &c., on tribe land, how obtained. SECTION 4. Penalty for cutting on, &c., without license. SECTION 1. The tenure of the lands belonging to the Narragansett tribe of Indians, as derived from their ancestors, and evidenced by tradition and usage, shall be the legal tenure thereof. SEC. 2. The council of the tribe may lease and regulate the tribe land, and other Indian land, according to the ancient usages and customs of the tribe, and may apply the proceeds thereof to the support of their poor and to their other expenses. SEC. 3. No Indian or other person shall, without the consent of the council of the tribe being first obtained, cut or carry away from any of the lands of the tribe, any trees, timber, wood, brush, bark, grass or other substance whatever. SEC. 4. Any person violating any provision of the next preceding section, shall pay four times the value of the trees, timber, wood or other substance cut, taken or carried away by him, to be recovered in an action of trespass quare clausum fregit, for the benefit of said tribe. SECTION 1. The governor shall annually appoint a commissioner of the Indian tribe, who shall be engaged to the faithful performance of the duties of his office, and shall give bond therefor, to the general treasurer, with sufficient surety or sureties in the penal sum of five hundred dollars. SEC. 2. The commissioner shall continue in office until his successor shall be qualified to act, and shall receive from the state such compensation for his services, as the general assembly may, from time to time, allow. SEC. 3. He shall superintend the affairs of the tribe; shall bring, in his own name, all actions in behalf of the tribe; shall settle all controversies among its members relating to their estate, real or personal, or to any other matter, subject to an appeal to the general assembly, and shall enforce all laws made for the prevention of the sale of intoxicating liquors among the members of the tribe, and for the protection and security thereof. SEC. 4. He shall, from time to time, report to the general assembly the condition of the tribe, and any facts relating thereto. SEC. 5. He shall bring, in his own name, any action necessary to recover damages from flowage or other trespass, done by any Indian or other person whatever to any land belonging to the tribe, or to any Indian land, the owner of which may be under age, absent, or unknown. SEC. 6. He may compromise any such action, and receive the damages for the benefit of whom it may concern. SECTION 1. The general treasurer shall annually pay to the treasurer of the town of Charlestown, the sum of one hundred and fifty dollars, to be expended, under the direction of some person or persons to be annually appointed by the governor, in the support of a school, and in the purchase of school-books for the members of the Indian tribe. SEC. 2. The person or persons appointed as aforesaid shall, on or before the first Tuesday of May, annually, transmit to the governor an account of the expenditure of said money together with a statement of the condition of said school. SEC. 3. No person shall be employed to keep said school, either as principal or assistant, who has not received a certificate from the school committee of the town of Charlestown or other competent authority, in like manner as is required for teachers in other public schools. SEC. 4. In the apportionment of the public money by the commissioner of public schools, and by the school committee of the town of Charlestown, the Indian tribe shall not be included. SECTION 1. Any person who shall sell any spirituous or intoxicating liquor, or any cider or beer, within three miles of the meeting-house in which the general meeting of the Indian tribe is held, in the month of August, on any day of such meeting, shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding three months. SEC. 2. The sheriff of the county of Washington shall designate one or more of his deputies, who shall attend said meeting during the whole of the time it shall be held, and who shall forthwith arrest any person violating any provision of this chapter, or who may be then and there disturbing said meeting, or creating any disorder, either within or without said meeting-house. SEC. 3. Any complaint for a violation of any of the provisions of this chapter, shall be made within thirty days after the offence shall have been committed, and not afterwards. TITLE XXII. Of Real and Personal Estate, of the Title to, Alienation of, and Liens upon the same. CHAPTER 144. Of what is real, and what personal estate, in certain cases. CHAPTER 145. Of estates in real property. CHAPTER 146. Of the conveyance of real estate. CHAPTER 147. Of certain Indian grants, and grants of land by the colonies of New Plymouth, and of the Massachusetts, and of the province of the Massachusetts Bay. CHAPTER 148. Of title by possession. CHAPTER 149. Of mortgages of real and personal property. CHAPTER 144. OF WHAT IS REAL AND WHAT PERSONAL ESTATE IN CERTAIN SECTION 1. The main wheel, steam-engine, boilers and shafts, whether upright or horizontal; drums, pulleys and wheels, attached to any real estate for the purpose of operating machinery, and all steam pipes, gas-pipes and water pipes, and all kettles and vats set and used in any manufacturing establishment, are declared to be real estate when the same belong to the owner of the real estate to which they are attached. SEC. 2. All other machinery, tools and apparatus of every description used and employed in any manufacturing establishment, are declared to be personal estate; and as such, shall be considered in assignments of dower, in attachments, and in all cases whatever except in the assessment and payınent of taxes. SEC. 3. Partition of the property mentioned in the second section of this chapter may be compelled between the owners thereof, in the same manner as though the same were real estate. SECTION 1. All gifts, grants, feoffments, devises and other conveyances of any lands, tenements and hereditaments, which shall be made to two or more persons, whether they be husband and wife or otherwise, and whether for years, for life, in tail or in fee, shall be taken, deemed and adjudged to be estates in common and not in joint-tenancy; unless it is or shall be therein expressly said, that the grantees, feoffees or devisees shall have or hold the same lands, tenements or hereditaments, as joint-tenants or in joint-tenancy, or to them and the survivors or survivor of them; or unless other words be therein used clearly and manifestly showing it to be the intention of the parties to such gifts, grants, feoffments, devises or other conveyances, that such lands, tenements and hereditaments shall vest and be holden as joint estates, and not as estates in common. SEC. 2. Joint-heirs shall be deemed tenants in common. SEC. 3. Any person seized of an estate in fee-tail, shall have right to convey the same in fee-simple, by his last will and tes tament, or by deed duly executed under his hand and seal, and acknowledged before the supreme court or any court of common pleas in this state; and such conveyance shall vest an estate in fee-simple in the grantee, his heirs and assigns, and shall bar the tenant in tail, his heirs and assigns, and all others who may claim the same in remainder or reversion, expectant upon the determination of such estate tail. SEC. 4. If any person shall be absent from this state for the term of seven years without due proof of his being alive, for whose life any estate shall be holden by himself or any other person, the |