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tion,
1855, 78.

adjoining town, under such regulations, and on such terms, as the joining town, school committees of the said towns agree upon and prescribe; and the and formimittee school committee of the town in which such children reside shall

pay out of the appropriations of money raised in said town for the support 1869; 89, $ 1. of schools the sum agreed upon.

SECT. 6. Minors under guardianship, their father having deceased, Wards, where may attend the public schools of the city or town of which their guar- 1858, 164. dian is an inhabitant.

Sect. 7. With the consent of school committees first obtained, chil- Children may dren between the ages of five and fifteen years may attend school in attend in other cities and towns other than those in which their parents or guardians place of parreside; but whenever a child resides in a city or town different from and parents that of the residence of the parent or guardian, for the sole purpose of pay, &c.

132, attending school there, the parent or guardian of such child shall be liable to pay to such city or town, for tuition, a sum equal to the average expense per scholar for such school for the period the child shall have so attended.

Sect. 8. The school committee shall not allow any child to be ad- Children to be mitted to or connected with the public schools, who has not been duly 18.5, 414, 9:2. vaccinated.

Sect. 9. No person shall be excluded from a public school on ac- Color, &c., not count of the race, color, or religious opinions, of the applicant or scholar. to exclude

SECT. 10. Every member of the school committee under whose di- Teachers, &c., rections a child is excluded from 'a public school, and every teacher of to state

grounds of exsuch school from which a child is excluded, shall, on application by the clusion. parent or guardian of such child, state in writing the grounds and 1855, 256, § 4. reason of the exclusion.

SECT. 11. A child unlawfully excluded from any public school shall Damages for recover damages therefor in an action of tort, to be brought in the exclusion. name of such child by his guardian or next friend against the city or 1855, 256, 62. town by which such school is supported.

7 Gray, 245. SECT. 12. The plaintiff in such action may, by filing interrogatories Interrogatories for discovery, examine any member of the school committee, or any tech

to committee, other officer of the defendant city or town, as if he were a party to the 1855, 256, $ 3. suit.

1.

8 Cush. 160.

CHAPTER 42.

OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS RESPECTING

THEM.

SECTIOX
1. Children under fifteen, who have not at-

tended school, &c., not to be employed in

manufactory, unless, &c. 2. Penalty, school committee to prosecute. 3. Children under twelve not to be employed

more than ten hours a day. Penalty. 4. Cities and towns may make by-laws re

specting habitual truants, &c. Fines.

SECTION
5. Cities and towns shall appoint persons to

prosecute for violations of by-laws.
6. Minor convicted may be committed, &c.
7. On non-payment of fine, may be com-

mitted. How discharged.
8. Warrants where returnable. Compensa

tion.

Section 1. Children of the age of twelve years and under the age of Certain chilfifteen years, who have resided in this state for the term of six months, drep not to be shall not be employed in a manufacturing establishment unless within manufactory, twelve months next preceding the term of such employment they have 1836, 215, $ 1. attended some public or private day school, under teachers approved by 1849, 220

, $ 1. the school committee of the place in which said school was kept, at least 1858, 83, § 1. one term of eleven weeks, and unless they shall attend such a school for

School commit-
tee to prose-
cute.
18+2, 60, $ 1.
1819, 220, $ 3.

9 Jict. 562.

Fines.
1850, 294, $ 1.
1851, 88, 86.
1859, 196.

See go.

a like period during each twelve months of such employment. Children under twelve years of age, having resided in this state for a like period, shall not be so employed unless they have attended a like school for the term of eighteen weeks within twelve months next preceding their employment, and a like term during each twelve months of such employ

ment. Penalty.

SECT. 2. The owner, agent, or superintendent, of a manufacturing establishment, who employs a child in violation of the provisions of the preceding section, shall forfeit a sum not exceeding fifty dollars for each

offence, to be recovered by indictment, to the use of the public schools 1835, 83, $ 2. in the city or town where such establishment is situated; and the school

committees in the several cities and towns shall prosecute for all such

forfeitures. Children under SECT. 3. No child under the age of twelve years shall be employed polyte tonbe em- in any manufacturing establishment more than ten hours in one day; than ten hours and the owner, agent, or superintendent, who knowingly employs such isday 0,3,1child for a greater number of hours, shall forfeit the sum of fifty dollars

for each offence, to the use of the person prosecuting therefor. By-laws re- SECT. 4. Each city and town may make all needful provisions and ual truauts, &c. arrangements concerning habitual truants, and children not attending

school, or without any regular and lawful occupation, or growing up in ignorance, between the ages of five and sixteen years; and also all such by-laws respecting such children, as shall be deemed most conducive to their welfare and the good order of such city or town; and there shall be annexed to such by-laws suitable penalties, not exceeding twenty dollars for any one breach: provided, that said by-laws shall be approved by the superior court of the county.

SECT. 5. The several cities and towns availing themselves of the how to be pros- provisions of the preceding section, shall appoint at the annual meetings

1800, 204, $ 2. of such towns, or annually by the mayor and aldermen of such cities, allen

three or more persons, who alone shall be authorized, in case of violation 149 ?

of such by-laws, to make the complaint and carry into execution the judgments thereon.

SECT. 6. A minor convicted under such by-law of being an habitual edit neay be.com- truant, or of not attending school, or of being without regular and lawful

occupation, or growing up in ignorance, may, at the discretion of the justice or court having jurisdiction of the case, instead of the fine mentioned in section four, be committed to any such institution of instruction, house of reformation, or suitable situation provided for the purpose under authority of section four, for such time, not exceeding two years,

as such justice or court may determine. On non-pay

Sect. 7. A minor convicted of either of said offences and sentenced to pay a fine may, in default of payment thereof, be committed to such

institution of instruction, house of reformation, or suitable situation How discharg

provided as aforesaid. And upon proof that the minor is unable to pay 1852 , 283, 8$ 2, 3. the fine, and has no parent, guardian, or person chargeable with his

support, able to pay the same, he may be discharged by such justice or court, whenever it is deemed expedient, or he may be discharged in the manner poor convicts may be discharged from imprisonment for non

payment of fine and costs. Warrants,

SECT. 8. Warrants issued under this chapter shall be returnable where return before any trial justice or judge of a police court, at the place named in Compensation. the warrant; and the justice or judge shall receive such compensation

as the city or town determines.

violations of,

Minor convict

1852, 283, $ 1, 1851, 88, 83.

ment of fine, may be committed.

ed.

1850, S8, $$ 3, 4. Sec Ch. 180.

1851, 88.

TITLE XII.

OF WAYS, BRIDGES, PUBLIC PLACES, FERRIES, SEWERS, AND

DRAINS.

CHAPTER 43. – Of the Laying out and Discontinuance of Highways, Town Ways,

and Private Ways.
CHAPTER 44.-Of the Repairs of Ways and Bridges.
CHAPTER 45. — Of Regulations and By-Laws respecting Ways and Bridges.
CHAPTER 46. — Of the Boundaries of Highways and other Public Places, and

Encroachments thereon.
CHAPTER 47.- Of Ferries.
CHAPTER 48.- Of Sewers and Drains.

CHAPTER 43.

OF THE LAYING OUT AND DISCONTINUANCE OF HIGHWAYS, TOWN

WAYS, AND PRIVATE WAYS.

SECTION

SECTION 1. Highways to be laid out by the commis- 21. Applications for jury to revise location, sioners.

'&c.; when acted on. 2. Recognizance for payment of costs, &c. 22. to revise assessment of damages, when 2. Notice to be given to towns, &c.

to be made. 4. Commissioners to view premises, if re- 23. Several applications may be considered, quested, &c.

&c., by same jury. 5. Hearing and adjudication upon common 24. Recognizance for costs in all cases. convenience, &c.

25. Petitions not to abate by death of party. 6. Notice before highway is laid out, &c. 26. Executors, &c., neglecting to appear, sur7. Alterations between termini.

vivors may proceed. 8. Commissioners may lay out, &c., highways 27. Warrant for jury, directed to sheriff, &c. if at time of view to one objects.

28. Jury, how and whence summoned. 2. Upon petition for laying out, &c., highway; 29. Jurors to pay fine for non-attendance.

commissioners may order specific repairs 30. Talesmen may be returned. of existing highways.

31. Jurors to be sworn. 10. Highway may be temporarily closed in 32. Commissioners may appoint person to presuch case.

side at trial. 11. Towns to make such repairs.

33. Duties of presiding officer. 12. Existing highway may be located anew. 34. Commissioners to take notice on behalf of 13. Time prescribed for making highways, and their counties. May appoint agent to atfor removing trees, &c.

tend jury. 14. Damages

to be estimated, but not paid un- 35. Notice of trial. til, &e. Indemnity.

36. Officer's fees. 13. Damages occasioned by specific repairs. In- 37. Duty of jury. demnity.

38. Title of lands, determined only so far as re16. Damages, how estimated.

spects damages. 17. When claimants have different interests, 39. Jury may extend time for removing trees,

entire damage or indemnity to be paid to a trustee.

40. Verdict or report to be returned within 18. Trustee in certain cases to be appointed by three months. Court may set aside.

judge of probate; to give bond. Suit on 41. Complainant entitled to jury until verdict bond.

rendered ; may waive right to trial, &c. 19. Party aggrieved to have a jury or commit- 42. Clerks of courts to certify verdict, &c., to tee.

commissioners. Proceedings thereon. 20. Powers of jury, &c., as to laying out and 43. Verdict, &c., recorded, conclusive. altering.

44. Costs, how paid.

&c.

to pay.

SECTION

SECTION 45. Questions of costs, finally settled, &c. 73. Parties may have jury or committee to as46. Highways not to be worked or shut up certain damages ; rule as to costs. until, &c.

74. Owner may remove trees, &c. Not remor47. Expenses, damages, &c., paid by county. ing, relinquishes right. 48. Expenses paid by petitioners.

75. Jury may extend time for removal. 49. Highways made at expense of county when 76. When towns shall not contest legality of towns neglect. Charged to towns.

ways. 50. Warrants to issue against towns neglecting

WAYS IN THE COUNTY OF SUFFOLK. 51. Commissioners may order expenses to be

77. Powers of board of aldermen of Boston. paid out of county treasury.

78. Application for laying out ways, &c., how 52. Commissioners to certify to county treas

made. urer when highway is completed.

79. Parties may apply for jury to superior 53. Several parties may go to same jury.

court; view to be granted. 54. Notice to persons interested to become par

80. Commissioners of Middlesex, powers of, ties.

in Suffolk. Warrant for jury, to whom 55. Verdict, to apportion damages.

directed. Return of verdict, &c. 56. conclusive on all who have notice, &c.

WAYS IN CITIES. 57. Costs of parties, how taxed.

81. Provisions of chapter extend to cities. 58. Party neglecting to appear, to be barred.

DEDICATION OF WAYS.
TOWN WAYS AND PRIVATE WAYS.

82. Ways not chargeable unless regularly laid 69. Town ways, &c., how laid out.

out. 60. how discontinued.

83. Selectmen, &c., to close such ways, or cau. 61. Notice to be given by selectmen before lay

tion the public, &c. ing out.

84. When abutters to grade ways. If they re62. Damage from laying out, &c., how deter

fuse, to be assessed for expense. mined and paid.

85. Grade, how established; plan of, where 63. When paid ; when party shall have indem

deposited.
nity instead.
64. Damages, if interests are separate.

86. Grading of way, not a dedication. Estab

lishment of grade, not an acceptance. 65. Location, &c., to be filed and accepted be

Streets not to be obstructed without confore town way, &c., laid out. 66. Commissioners may lay out in certain

bent, &c. cases.

ASCERTAINING LOCATION. 67. If selectmen unreasonably refuse, &c., party

87. If location of way is uncertain, selectmen, may appeal to commissioners.

&c., to ascertain, &c.
68. Appeal if towns refuse to accept ways.
69. If ways laid out, &c., by commissioners,

ERECTION OF MONUMENTS.
are not completed in six months, &c., they 88. Commissioners, &c., to mark termini and
may complete and assess town.

angles of ways. Penalty for neglect. 70. If towns refuse to discontinue, commissioners may.

WAYS OVER BURYING-GROUNDS. 71. When towns are debarred from laying 89. Ways not to be laid out over buryingout, &c.

grounds, unless, &c. 72. Recognizance for costs. Notice.

90. Same subject.

R. S. 24, $ 1.
1850, 299.
7 Mass. 158.

costs, &c.

18 Pick. 309.

Highways to be

SECTION 1. When a new highway, from town to town, or from place laid out by the to place within the same town, is wanting, or when any highway can

.
with greater public convenience be altered or discontinued, application

therefor shall be made, by petition in writing to the county commisSupp. 13. sioners who have jurisdiction in the place in which such new highway

or such alteration or discontinuance is wanted. Recognizance

SECT. 2. No petition for the laying out, altering, or discontinuing, for payment of

a highway, shall be proceeded upon by the commissioners, until the R. S. 24, $ 41. petitioners cause a sufficient recognizance to be given to the county,

with surety to the satisfaction of the commissioners, for the payment of all costs and expenses which shall arise by reason of such petition and the proceedings thereon, if the petitioners shall not finally prevail.

Sect. 3. The commissioners to whom such petition is presented shall given to towns, &c.

cause a copy thereof to be served upon the clerk of every town within R. S. 24, $ 2. which such new highway, alteration, or discontinuance, 'is prayed for, 7 Gray, 109.

thirty days at least before the time appointed for any view or hearing. They shall also cause copies of the petition, or abstracts containing the substance thereof, to be posted in two public places in each of said towns, and shall give notice to all persons interested, by causing a like copy to be published three weeks successively in such newspaper as they shall order; the posting and the last publication of the copy to be fourteen days at least before any view, hearing, or adjudication, on such petition.

Notice to be

R. S. 24, $3. 9 Met. 423.

common conve

SECT. 4. They shall view the premises, when they deem it expedient Commissioners or when requested by any party interested; and, before any view, shall to ever premsa give notice in the manner provided in the preceding section to all per-ed, &c. sons interested, of the time and place for commencing the same.

SECT. 5. They shall hear the parties, either at the time of the view, Hearing and ador at any regular or special meeting, or any adjournment thereof, as they

judication upon determine; and as soon as may be after the hearing they shall consider nience, de. and adjudicate upon the common convenience and necessity of laying " Met: *23 out, altering, or discontinuing, such highway, as prayed for by the petitioners.

Sect. 6. When they have adjudicated upon the common convenience Notice before and necessity of laying out, altering, or discontinuing, a highway, they bighway is laid shall, as soon as may be, proceed to lay out, alter, or discontinue, the R. $: 24,50. same accordingly; first giving such notice thereof as is required before 28 Piek: 309. proceeding to view, except that instead of a copy of the whole petition 22 Pick. 278.

7 Gray, 109. it shall be sufficient to serve and publish an abstract thereof.

SECT. 7. They may make such changes between the termini of the Alterations bohighway described in the petition, with regard to the direction, alter-tween termini.

R. S. ation, or discontinuance, thereof, as in their opinion the public convenience requires.

Sect. 8. If at the time of view, upon a petition for laying out or alter- Commissioners ing a highway, no person interested shall object, the commissioners may dee. highways within six months proceed to lay out or alter the same without further if at time of notice. If at the time of view upon a petition for discontinuing a highway objects. the commissioners shall decide that the same ought to be discontinued, R: S. 24, $6. they may at the same time adjudge and determine that it be discontinued 20 Pick: 1. without a further or subsequent meeting therefor, and may estimate the 9 Met. 123. damages caused to any person thereby; and when a return of said proceedings and adjudication is made at the next regular meeting of the commissioners and accepted, it shall be held to be a discontinuance of such highway.

SECT. 9. It, upon a petition for laying out or altering a highway, the Upon petition commissioners, after having viewed the same and heard all persons in- for laying out, terested, are of opinion that the existing highway between the termini commissioners mentioned in the petition can be so far amended as to supersede the dining repairs of necessity of laying out a new highway or altering the location of exist- existing ways. ing ways, they may, after due notice to the towns interested, direct 1 Met. 338. specific repairs to be made in the existing ways in such manner as the public convenience requires; and they may apportion the expense of making the same upon the county and towns respectively as in laying out highways.

Sect. 10. At the time of ordering specific repairs upon an existing Highway may highway, they may direct it to be closed to the public travel for such be temporarily time as they may deem reasonable.

Sect. 11. Towns in which specific repairs are ordered to be made Towns to make shall be liable to make the same, and be entitled to a trial by jury in certain repairs. like manner as is provided in laying out highways.

Sect. 12. When application is made to the commissioners by a town, Existing highor by five inhabitants of a town, to locate anew a road within such way may be lotown, whether the same were laid out by the authority of the town or R. $. 24;39. otherwise, they may, either for the purpose of establishing the boundary 11 Cush: 394. lines of such road or of making alterations in the course or width 2 Gray, 274. thereof, locate it anew, after giving like notice and proceeding in the manner prescribed in laying out highways. The expense shall be assessed upon the petitioners, or upon the town or county, as the commissioners order.

SECT. 13. When a highway is laid out or altered, the commissioners Time prescribshall in their return determine and specify the manner in which such ficfor making new highway or alteration shall be made, and also the time within which

1839, 90

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