Trustees of Lyman and industrial schools. 14. 1859, 177, § 3. G. S. 75, § 1. 1868, 153. 1873, 166. CHAPTER 86. OF THE LYMAN SCHOOL FOR BOYS, THE INDUSTRIAL SCHOOL FOR GIRLS AND THE REFORMATION OF JUVENILE OFFENDERS. SECTIONS 1-9. — Trustees, Superintendents and Other Officers. SECTIONS 10-54. - Juvenile Offenders. TRUSTEES, SUPERINTENDENTS AND OTHER OFFICERS. SECTION 1. The government of the state industrial school for 1 girls at Lancaster, and the Lyman school for boys at Westborough, 2 1847, 165, §§ 1, and the custody of all children committed thereto, shall be vested in 3 a board of seven trustees, two of whom shall be women, who shall 4 be known as the trustees of the Lyman and industrial schools. 5 The trustees shall be appointed by the governor, with the advice 6 and consent of the council, for a term of five years. Two members 7 G. S. 76, §§ 1, 2. shall retire each year for two years successively, and one member a 8 year for three years successively. No person who is employed 9 by the board and receives compensation shall be a member thereof. 10 The board shall be a corporation for the purpose of taking, holding 11 1895, 428, $52,4. and investing, in trust for the commonwealth, any grant, devise, 12 gift or bequest made for the use of any institution of which they 13 are trustees; and they shall succeed to the trusts and powers 14 formerly held or acquired by the boards of trustees and treasurers of 15 the state reform and the state industrial schools, and shall retain all 16 the trusts, rights, powers and duties of the trustees of the state 17 primary and reform school. 1877, 195, § 1. 1879, 291, § 8. P. S. 89, § 1. 1884, 323, § 1. 136 Mass. 581. Officers of schools. 1847, 165, § 2. 1855, 442, § 2. G. S. 75, § 2. G. S. 76, § 4. 18 SECTION 2. The trustees shall annually elect a superintendent 1 and a physician of each of said schools, and shall, subject to the 2 approval of the governor and council, fix their compensation. The 3 1879, 291, § 10. superintendent of each school shall, with the approval of the trustees, 4 appoint the other officers and fix their compensation; but the amount 5 paid for such salaries shall not exceed in the aggregate the appro- 6 priation by the general court for the purpose. P. S. 89, § 2. Powers and duties of trustees. 1847, 165, § 2. 1855, 442, § 2. G. S. 75, § 2. 1879, 291, § 8. P. S. 89, § 8. 7 SECTION 3. The trustees shall have the control of the land and 1 buildings of the Lyman and industrial schools, shall take charge of 2 the general interests of each institution, see that its affairs are 3 G. S. 76, $$ 3, 4. conducted according to law and according to such by-laws as they 4 may from time to time adopt, and that strict discipline is maintained 5 therein; provide employment for the inmates, and bind out, dis- 6 charge, or remand them, as hereinafter provided; exercise a vigilant 7 supervision over the institution, its officers and inmates, and pre- 8 scribe the duties of the officers. The by-laws may be amended by 9 the assent of five trustees at a legal meeting; but no amendment 10 shall be valid until approved by the governor and council. Instruction, etc., of boys and girls. 1847, 165, § 9. 1855, 442, § 19. G. S. 75, § 20. G. S. 76, § 5. P. S. 89, § 9. 11 SECTION 4. The trustees shall cause the girls and boys under 1 their charge to be instructed in piety and morality, and in such 2 branches of useful knowledge as are adapted to their age and 3 capacity; and in some regular course of labor, either mechanical, 4 manufacturing, agricultural or horticultural, for the boys; or me- 5 6 chanical, manufacturing or horticultural, and especially in domestic 7 and household labor and duties, for the girls; or a combination of 8 these, as may be best suited to their age, strength, disposition and 9 capacity; and in such other arts, trades and employments as may 10 seem to the trustees best adapted to secure their reformation, amend11 ment and future benefit. a of schools, ports. records, re 1847, 165, § 15. 1857, 40, § 1. G. S. 75, § 25. 1880, 208, 4. P. S. 89, § 10. 1855, 442, § 25. 1859, 177, § 2. G. S. 76, § 7. 1 SECTION 5. One or more of the trustees shall visit each school Examination 2 at least once in every two weeks. At such time the girls and boys 3 shall be examined in the school rooms and workshops and the reg4 isters shall be inspected. A record shall be kept of these visits in 5 the books of the superintendents. Once in every three months, 6 each school in all its departments shall be thoroughly examined by 7 majority of the trustees, and a report thereof made to the board. 8 On or before the fifteenth day of October in each year, an abstract 9 of these quarterly reports shall be prepared, which, with a full re10 port by the superintendents, a list of the salaried officers and their 11 salaries, and a copy of the inventory required by the provisions 12 of section seven of chapter eighty-four shall be laid before the 13 governor and council for the information of the general court. 1 SECTION 6. The superintendent of each school, with the subor2 dinate officers, shall have the general charge and custody of the 3 inmates thereof. He shall be a constant resident at the school, and, 4 under the direction of the trustees, shall discipline, govern, instruct 5 and employ, and use his best endeavors to reform, the inmates in 6 such manner as shall, while preserving their health and promoting 7 their proper physical development, secure the formation of moral, 8 religious and industrious habits, and of regular and thorough 9 progress and improvement in their studies, trades and employ 10 ments. counts of, etc. 1855, 442, § 21. G. S. 76, § 9. 1 SECTION 7. Each superintendent shall before entering upon his -bond, ac 2 duties give bond to the commonwealth, with sureties approved by 1847, 165, 11. 3 the governor and council, in the sum of two thousand dollars, G. S. 75, § 22. 4 conditioned that he shall faithfully perform all his duties and account P. S. 89, § 12. 5 for all money received by him as superintendent. The bond shall 6 be filed in the office of the treasurer and receiver general. Each 7 superintendent shall have charge of all the property of the institu8 tion within the precincts thereof. He shall keep accounts of all 9 his receipts and expenditures, and of all property intrusted to him, 10 showing the income and expenses of the institution; and shall ac11 count to the trustees, in such manner as they may require, for all 12 money received by him. His books and all documents relative to 13 the school shall at all times be open to the inspection of the trustees, 14 who shall at least once in every six months carefully examine the 15 books and accounts, and the vouchers and documents connected 16 therewith, and make a record of the result of such examination. 17 He shall keep a register, containing the name, age and circum18 stances connected with the early history of each girl or boy, and 19 shall add such facts as come to his knowledge relative to her or his 20 history while at the institution, and after leaving it. Purchase of books with SECTION 8. The superintendent of the industrial school shall, 1 Rogers' fund. under the direction of the trustees, purchase books with the income 2 and profits, and according to the terms, of the donation of Henry 3 B. Rogers. 1857, 215. G. S. 75, § 22. P. S. 89, § 13. Superintend ents to make writing. SECTION 9. Each superintendent shall make all contracts on 1 all contracts in account of the institution in writing, with the approval of the trus- 2 tees if their by-laws require it; and he or his successor may sue or 3 be sued thereon to final judgment and execution. No suit shall 4 abate by reason of the office of superintendent becoming vacant, but 5 any successor in office may take upon himself the prosecution or 6 defence thereof; and upon motion of the adverse party and notice, 7 he shall be required so to do. Commitments, by whom 1847, 165, § 4. JUVENILE OFFENDERS. SECTION 10. Boys under fifteen years of age may be committed 1 to the Lyman school by police, district and municipal courts and 2 trial justices, and, except in the county of Suffolk, by judges of 3 probate. Girls under seventeen years of age may be committed 4 to the industrial school by said courts, judges and justices, except 5 1874, 258, 851,4. as aforesaid, and, except in the county of Suffolk, by commis- 6 sioners, as hereinafter provided in this chapter. 1872, 358, § 1. 1877, 210, § 5. 1877, 211, § 6. P. S. 89, § 15. Revision of sentence of boys over fifteen. 1884, 323, § 3. Judges of probate may act in any county. 1855, 442, § 9. 1870, 359, § 13. P. S. 89, § 16. Commissioners to hear complaints against girls. 1855, 442, § 9. G. S. 75, § 5. P. S. 89, § 17. Warrants to apprehend 1855, 442, §§ 4, 8. 7 SECTION 11. If, within twenty days after the commitment of a 1 boy to the Lyman school, the trustees have reason to believe that 2 at the time of his commitment he was more than fifteen years of 3 age, they may apply to the court by which the commitment was 4 made for a revision of sentence, and if it finds that he was not 5 under fifteen years of age at the time of his commitment, shall im- 6 pose such sentence as should have been imposed. 7 SECTION 12. Judges of probate, except in the county of Suffolk, 1 may receive complaints, issue warrants and hear cases against ju- 2 venile offenders at such times or places, in or out of their respective 3 counties, as convenience may require. The judge of probate may 4 act in such case for the judge of any other county, whether absent 5 or not, if so requested. 6 SECTION 13. Upon request of the mayor and aldermen, select- 1 men or overseers of the poor of a city or town, except in the county 2 of Suffolk, the governor, with the advice and consent of the council, 3 shall appoint and commission, in the same manner as justices of the 4 peace are appointed and commissioned, one or more suitable per- 5 sons residing in such city or town, who may therein hear and de- 6 termine complaints against girls and make commitments to the 7 industrial school under the provisions of this chapter. 8 SECTION 14. Upon complaint against any boy or girl between 1 boys and girls. the ages of seven and seventeen years, for any offence not punish- 2 1859, 286, 1, 4. able by death or imprisonment for life, such court or magistrate 3 shall examine on oath the complainant and the witnesses produced 4 by him, shall reduce the complaint to writing and cause it to be 5 1861, 200. 1863, 139, § 2. 1864, 202, 1870, 359, § 7. 1872, 68, § 5. P. S. 89, § 18. 6 subscribed by the complainant, and may issue a warrant reciting 1871, 365. 7 the substance of the accusation and requiring the officer to whom 1872, 358, § 4. 8 it is directed forthwith to take the person accused and bring him or 122 Mass. 330. 9 her before said court or magistrate, to be dealt with according to 16 Mass. 492. 10 law; and to summon such witnesses as shall be named therein to 167 Mass. 420. 11 appear and give evidence on the examination. 127 Mass. 450. stead of war 1 SECTION 15. Upon complaint against a child under twelve years Summons in2 of age for an offence not punishable by death or imprisonment for rant, when. 3 life, except the offence of being an habitual truant or an habitual 182, 127, §§ 3, 4. 4 school absentee under the provisions of sections three and four of 5 chapter forty-six, such court or magistrate shall, if an examination 6 is considered necessary, first issue a summons to said child requir7 ing him to appear before such court or magistrate at the time and 8 place named therein, and, if the child fails to appear as directed by 9 said summons, shall issue a warrant for his arrest. 1 of juvenile SECTION 16. Police, district and municipal courts shall try ju- Separate trial 2 venile offenders separate and apart from the trial of other criminal offenders. 3 cases, at suitable times which shall be designated therefor by said 1874; 26; §3. 4 courts and shall be called the session for juvenile offenders, for P. S. 89, $19. 5 which a separate docket and record shall be kept. 210, 5. before judge, 442, § 4. 18,286, § 1. G. S. 76, § 17. 1870, 359, § 8. 1883, 110. G. S. 75, § 6. P. S. 89, § 20. 1886, 101, § 4. 1898, 433, 24. 5 Allen, 509. 1 SECTION 17. If a boy or a girl is brought on a complaint under Proceedings 2 the provisions of sections fourteen and fifteen before such court or etc. 3 magistrate, a summons shall be issued to his or her father, if living 4 and resident within the place where he or she was found, and, if not, 5 then to the mother, if she is living and so resident; and, if there is no 6 such father or mother, then to the lawful guardian, if there is one so 7 resident; if not, then to the person with whom, according to the 8 statement of such boy or girl, and such testimony as shall be received, 9 he or she resides; and if there is no such person, the court or magis10 trate may appoint a suitable person to act in behalf of such boy or 11 girl, requiring him or her to appear at a time and place stated in the 12 summons and show cause why such boy or girl should not be com13 mitted to the Lyman school or industrial school respectively. If the 14 court or magistrate is of the opinion that such boy or girl should, if 15 guilty, be sent to a public institution or committed to the custody of 16 the state board of charity, he or it shall cause written notice of such 17 complaint to be given by mail or otherwise to the board, which shall 18 have an opportunity to investigate the case, attend the trial and 19 protect the interests of, or otherwise provide for, the child. committed to 1870, 359, § 9. 1 SECTION 18. Such boy or girl of twelve years of age or over, who Child may be 2 is arrested on any complaint referred to in sections fourteen and fail, or bailed. 3 fifteen, may be held or committed to jail by the officer having said P. S. 89, § 21. 4 child in custody until the time appointed for the trial, unless ad- 1882, 127, § 1. 5 mitted to bail as provided in section fifty-seven of chapter two 6 hundred and seventeen, and the judge of probate, as well as the 7 magistrates named in said section, may admit to bail. 1 SECTION 19. A child under twelve years of age who is held for 2 examination or trial, if unable to furnish bail, shall be committed to 3 the custody of the state board of charity, which shall provide for his Disposition in default of bail, twelve. Commitments of young chil dren limited. R. S. 143, § 18. 1859, 286, § 3. safe keeping and for his appearance at his examination or trial at 4 the time and place named in the mittimus. 5 SECTION 20. A child under twelve years of age shall not be 1 committed to a jail or house of correction, to the state farm, or to 2 the house of correction at Deer Island in the city of Boston, in 3 default of bail, or for the non-payment of a fine or upon conviction 4 218 of any offence not punishable by death or imprisonment for life. G. S. 174, § 15. 1865, 208, § 1. P. S. 215, § 1882, 127, § 1. 5 SECTION 21. The court or magistrate, before whom a boy or 1 girl is brought on a complaint under the provisions of sections four- 2 teen and fifteen, upon request of the state board of charity, may 3 authorize said board to take and indenture, or place in charge of any 4 person, or, if he or she proves unmanageable, to commit such boy, 5 if under fifteen years of age, to the Lyman school or such girl, if 6 under seventeen years of age, to the industrial school, until he or 7 she attains the age of twenty-one years. Said board may provide 8 for the maintenance of any such boy or girl so indentured or placed 9 in charge of a person, in whole or in part, at a cost to the common- 10 wealth not exceeding the average cost of the support of children at 11 the The state board may discharge from custody any child 12 who has been committed to its care under the provisions of this 13 section. 14 SECTION 22. At the time named in the summons, such court or 1 magistrate shall examine the boy or girl and any person who ap- 2 pears in answer to the summons, and take such testimony relative 3 to the case as may be produced. If the allegations are proved, and 4 it appears that the boy or girl is a suitable subject for the Lyman 5 or industrial school, and that his or her moral welfare and the good 6 of society require that he or she should be sent thereto for instruc- 7 tion, employment or reformation, a warrant of commitment shall be 8 issued in substance as follows: or either of his deputies, or any in the county of To the sheriff of our county of M. constable or police officer of the town of B. You are hereby commanded to take charge of C. D., a boy [or girl] between the ages of seven and fifteen [or seventeen if a girl] years, who has been proved to be a suitable subject for the Lyman school, [or state industrial school for girls,] and a proper object for its care, discipline and instruction, and deliver said boy [or girl], without delay, to the superintendent of said school, or other person in charge thereof, at the place where the same is established. so doing this shall be your suflicient warrant. And for 9 No variance from said form shall be considered material if it suf- 10 ficiently appears upon the face thereof that the boy or girl is com-11 mitted by the court or magistrate in the exercise of the powers 12 conferred by this chapter. The warrant may be executed by any 13 officer qualified to serve civil or criminal process in the county 14 in which the case is heard. Accompanying the warrant, the court 15 or magistrate shall transmit to the superintendent, by the officer 16 serving it, a statement of the substance of the complaint and testi- 17 mony given in the case, and such other particulars relative to the 18 boy or girl committed as can be ascertained. 19 |