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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 committee school committee of the town in which such children reside shall tion. pay out of the appropriations of money raised in said town for the support 1859, 89, § 1. of schools the sum agreed upon.

pay for instruc1855, 78.

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- 1856, 164. dian is an inhabitant.

may attend.

towns than

ents' residence,

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. 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.

1857, 132.

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 1855, 414, § 2. vaccinated.

vaccinated.

1855, 256, § 1.

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.

1845, 214.

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, § 2. town by which such school is supported. SECT. 12. The plaintiff in such action may, by filing interrogatories Interrogatories for discovery, examine any member of the school committee, or any to c other officer of the defendant city or town, as if he were a party to the suit.

S 160. 7 Gray, 245.

to committee,

1855, 256, § 3.

CHAPTER 42.

OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS RESPECTING

THEM.

SECTION

1. Children under fifteen, who have not attended 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 respecting 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, dren not to be employed in shall not be employed in a manufacturing establishment unless within manufactory, twelve months next preceding the term of such employment they have 1836, 245, § 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

1855, 379.

10

ment.

Penalty.

tee to prose-
cute.

1842, 60, § 1.
1849, 220, § 3.
1855, 83, § 2.

SECT. 2. The owner, agent, or superintendent, of a manufacturing School commit- 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 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

ployed more

12 not to be em-
than ten hours
a day Penalty

1842, 60, 3, 4.
9 Met. 562.

SECT. 3. No child under the age of twelve years shall be employed in any manufacturing establishment more than ten hours in one day; and the owner, agent, or superintendent, who knowingly employs such child for a greater number of hours, shall forfeit the sum of fifty dollars for each offence, to the use of the person prosecuting therefor.

SECT. 4. Each city and town may make all needful provisions and

habit

ual truants, &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.

violations of,

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

ecuted.

1850, 204, § 2.

149

of such towns, or annually by the mayor and aldermen of such cities, three or more persons, who alone shall be authorized, in case of violation of such by-laws, to make the complaint and carry into execution the judgments thereon.

By-laws re

Fines.
1850, 294, § 1.
1854, 88, § 6.
1859, 196.
See § 6.

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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

Minor convict

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

&c. 1852, 283, § 1. 1851, 88, § 3.

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.

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 provided as aforesaid. And upon proof that the minor is unable to pay 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 nonpayment of fine and costs.

On non-pay-
ment of fine,
may be com-
mitted.

ed.

How discharg-
1852, 283, §§ 2, 3.

1854, 88, §§3, 4.
See Ch. 180.

Warrants,

where return

able.

SECT. 8. Warrants issued under this chapter shall be returnable 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

1851, 88.

as the city or town determines.

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.

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SECTION

21. Applications for jury to revise location,

&c.; when acted on.

22.

to revise assessment of damages, when to be made.

23. Several applications may be considered,

&c., by same jury.

24. Recognizance for costs in all cases.

25. Petitions not to abate by death of party.
26. Executors, &c., neglecting to appear, sur-
vivors may proceed.

27. Warrant for jury, directed to sheriff, &c.
28. Jury, how and whence summoned.

29. Jurors to pay fine for non-attendance.
30. Talesmen may be returned.

31. Jurors to be sworn.

32. Commissioners may appoint person to preside at trial.

33. Duties of presiding officer.

34. Commissioners to take notice on behalf of their counties. May appoint agent to attend jury.

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35. Notice of trial.

36. Officer's fees.

37. Duty of jury.

38. Title of lands, determined only so far as respects damages.

39. Jury may extend time for removing trees, &c.

40. Verdict or report to be returned within three months. Court may set aside.

41. Complainant entitled to jury until verdict rendered; may waive right to trial, &c.

42. Clerks of courts to certify verdict, &c., to commissioners. Proceedings thereon.

43. Verdict, &c., recorded, conclusive.
44. Costs, how paid.

R. S. 24, § 1. 1850, 299.

R. S. 24, § 41. 18 Pick. 309.

R. S. 24, § 2. 7 Gray, 109.

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ASCERTAINING LOCATION.

87. If location of way is uncertain, selectmen, &c., to ascertain, &c.

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 commis

7 Mass. 158.

Supp. 13. sioners who have jurisdiction in the place in which such new highway

or such alteration or discontinuance is wanted.

Recognizance

Notice to be

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 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, cause a copy thereof to be served upon the clerk of every town within which such new highway, alteration, or discontinuance, is prayed for, 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.

cases.

67. If selectmen unreasonably refuse, &c., party
may appeal to commissioners.

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

are not completed in six months, &c., they
may complete and assess town.

70. If towns refuse to discontinue, commission

ers may.

WAYS OVER BURYING-GROUNDS.

71. When towns are debarred from laying 89. Ways not to be laid out over burying-
out, &c.
rounds, unless, &c.
90. Same subject.

72. Recognizance for costs. Notice.

ERECTION OF MONUMENTS.

88. Commissioners, &c., to mark termini and angles of ways. Penalty for neglect.

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ises, if

R. S. 24, § 3. 9 Met. 423.

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 view premgive 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 common conve judication upon determine; and as soon as may be after the hearing they shall consider nience, &c. and adjudicate upon the common convenience and necessity of laying 9 Met. 423. out, altering, or discontinuing, such highway, as prayed for by the petitioners.

R. S. 24, 4.

SECT. 6. When they have adjudicated upon the common convenience Notice before and necessity of laying out, altering, or discontinuing, a highway, they highway is laid shall, as soon as may be, proceed to lay out, alter, or discontinue, the R. S. 24, §6. same accordingly; first giving such notice thereof as is required before 20 Pick. 31. proceeding to view, except that instead of a copy of the whole petition 22 Pick. 278. it shall be sufficient to serve and publish an abstract thereof.

18 309.

7 Gray, 109.

SECT. 7. They may make such changes between the termini of the highway described in the petition, with regard to the direction, alteration, or discontinuance, thereof, as in their opinion the public convenience requires.

may

view no one

1839, 76, 1.

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 &c., 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. 71. without a further or subsequent meeting therefor, and may estimate the 9 Met. 423. 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. If, 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 may order spe
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. 336.
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.

cific repairs of
R. S. 7.

Alterations be-
tween termini.

R. S. 24, § 5.

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.

1839, 90

R. S. 24,

anew.

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. x w2044 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. S. 24, § 9. 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.

214.

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 ed for making new highway or alteration shall be made, and also the time within which

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