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1 SECTION 23. The court or magistrate shall certify in such war- Certificate of 2 rant the age of such boy or girl as near as can be ascertained, and age of boy. 3 the place in which he or she resided at the time of arrest, and such 1859, 286, § 1. 4 certificate, for the purposes of this chapter, shall be conclusive evi- 6. S. 76, 19.
P. S. 89, § 24. 146 Mass. 489.
5 dence of his or her residence.
442, § 4.
SECTION 24. Upon complaint that a girl is leading an idle, va- Commitment 2 grant or vicious life, or has been found in any street, highway or girls. 3 public place, in circumstances of want and suffering, or of neglect, G. S. 75, §§ 6, 7. 4 exposure, abandonment or beggary, the proceedings shall be had 5 Allen, 509. 5 which are prescribed in sections seventeen to nineteen and twenty6 one to twenty-three inclusive.
1855, 442, § 6.
SECTION 25. If a boy or girl who has been previously committed Second com2 to the Lyman or industrial school is again brought before such to. 3 court or magistrate upon any such complaint, the case may be exam4 ined and a warrant issued for a recommitment of such boy or girl, 5 without issuing the summons required by the provisions of section 6 seventeen.
G. S. 75, § 10.
G. S. 76, § 22.
SECTION 26. If a boy or girl who is found guilty before a police, 2 district or municipal court, or a trial justice is not considered a fit 3 subject for the Lyman or industrial school, he or she shall be sen4 tenced or bound over to appear before the superior court according 5 to the usual course of criminal proceedings.
P. S. 89, § 27.
judge of pro
SECTION 27. If a boy or a girl is found guilty by the judge of Sentence by 2 probate of any offence which is not punishable by a capital or in- bate. 3 famous punishment, unless disposed of as provided in section twenty- 12. 4 one, the boy may be sentenced and committed to the Lyman school 29. 5 if under fifteen years of age, or to any institution established by 127 Mass. 450. 6 law for the reformation of juvenile offenders, and the girl may be
1870, 359, §§ 11, P. S. 89, §§ 28, 108 Mass. 492.
7 sentenced and committed to the industrial school if under seventeen 8 years of age, or in either case, the judge may, in his discretion, 9 impose such other punishment as is provided for the offence.
1855, 442, § 7.
G. S. 75, 12.
SECTION 28. A boy or girl who is ordered to be committed to Appeal. 2 the Lyman or industrial school, respectively, or sentenced as afore- 1859, 286,2. 3 said, may appeal to the superior court, and the appeal shall be there G. S. 76, § 24. 4 entered, tried, and determined in like manner and subject to like fo 108 Mass. 492. 5 provisions as appeals from trial justices in criminal cases.
1 SECTION 29. Warrants issued by judges of probate, trial justices Return of war. 2 or commissioners, for the commitment of girls to the industrial mitment of 3 school, may be returned to the clerks of the superior court, and 4 all fees thereon shall be allowed in the same manner as expenses are 5 allowed in criminal proceedings.
P. S. 89, § 31.
G. § 8.
SECTION 30. A summons to appear before a court or magistrate Service of 2 as provided in section seventeen, unless service thereof is waived in 1855, 442, § 5. 3 writing, shall be served by a constable or police officer by delivering & S. 76, 20. 4 it personally to the person to whom it is addressed, or by leaving it 1863, 139, §3. 5 with a person of sufficient age at the place of residence or business 6 of such person; and said constable or police officer shall immediately
P. S. 89, 32.
G. S. 76, § 25.
P. S. 89, § 33.
Fees of judges
SECTION 31. The fees and compensation allowed to judges of 1 1855, 442, § 10. probate and commissioners under the provisions of this chapter 2
G. S. 75,
shall be the same as by law are allowed to trial justices; and all 3 officers serving process shall be allowed the same fees as they 4 are entitled to for serving process in criminal proceedings.
Boys convicted in superior court may be sentenced to
SECTION 32. If a boy between the ages of seven and fifteen 1 years is convicted in the superior court of an offence which is pun- 2 Lyman school, ishable by imprisonment other than imprisonment for life, he may 3
be sentenced to the Lyman school or to such punishment as is other- 4 wise provided by law. Upon a commitment under the provisions 5 of this section, the statement and certificate required by sections 6 twenty-two and twenty-three shall be made and transmitted as 7 120 Mass. 388. therein provided.
1859, 286, § 4.
G. S. 75, § 13.
Term of deten
SECTION 33. All boys and girls who are committed to the Lyman 1 1847, 165, §§ 5,7. school or the industrial school shall be there kept, disciplined, in- 2
1855, 442, §§ 5, 11, 13.
structed, employed and governed, under the direction of the 3 trustees, until they attain the age of twenty-one years, or are bound 4 out or otherwise legally transferred or discharged. The discharge 5 of a boy as reformed, or upon attaining the age of twenty-one 6 years, shall be a complete release from all penalties and disabili- 7 ties created by the sentence.
Corporal pun. ishment regulated.
make return to the same court or magistrate of the time and manner 7 of such service.
P. S. 89, § 36.
274. P. S. 89, § 37.
SECTION 35. The provisions of this chapter relative to the 1 boys convicted Lyman or industrial school shall extend to boys and girls who are 2
Chapter applicable to
committed by authority of the courts or magistrates of the United 3 States.
1887, 426, § 2.
Release on probation.
SECTION 34. Corporal punishment shall be permitted in the 1 Lyman school only under such rules and regulations and by such 2 modes as shall be prescribed by the trustees. No such punishment 3 shall be inflicted except by the direction of the superintendent or 4 assistant superintendent in charge, to whom the offence shall be re- 5 ported, and who shall designate the nature and extent of punish- 6 ment to be inflicted. In every case of such punishment, a record 7 of the offence and the mode and extent of the punishment shall be 8 made and presented to the trustees at their next meeting.
SECTION 36. The trustees of the Lyman and industrial schools 1 1895, 428, §§ 3, 4. may release on probation, and, with or without indenture, may, 2
subject to the provisions of section fifty-two, place children in their 3 custody in their usual homes or in any situation or family which 4 has been investigated and approved by said trustees. They may 5 employ agents for investigating places and for visiting children, 6 and immediately on placing such children shall give notice to the 7 state board of charity of the name of each child so placed and of 8 the name and residence of the person to whose care he is entrusted. 9 They may, at any time until the expiration of the period of commit- 10 ment, resume the care and custody of children who are released 11 on probation and recall them to the school to which they were 12 originally committed.
girls and boys. 1850, 112, § 1.
P. S. 89, § 38.
1 SECTION 37. The trustees may bind out as an apprentice or ser- Binding out 2 vant any girl committed to their charge until she is eighteen years 1847, 165, § 8. 3 of age, and any boy until he is twenty-one years of age, or for any 1855, 442, $ 14, 4 less term; and the trustees, master or mistress, apprentice or ser- 18, 110. 5 vant, shall be subject to the provisions of chapter one hundred and G. S. 75, §§ 15, 6 fifty-five, in the same manner as if such binding or apprenticing G. S. 76, § 6. 7 were made by overseers of the poor. In binding out girls and 8 boys, the trustees shall have scrupulous regard to the religious and 9 moral character of those to whom they are to be bound, that they 10 may secure to the girls and boys the benefit of a good example and 11 wholesome instruction, and the best means of improvement in 12 virtue and knowledge, and thus the opportunity of becoming intel13 ligent, moral, useful and happy.
SECTION 38. The master to whom a girl is bound shall, by the Terms of 2 terms of the indenture, be required to report to the trustees, at least girls. 3 once in every six months, her conduct and behavior, and whether 44, § 18. 4 she is still living under his care, and, if not, where she is.
G. S. 75,
1 SECTION 39. If a minor is bound out as an apprentice or ser2 vant by the trustees of the state hospital or the trustees of the 3 Lyman and industrial schools, the indenture shall provide that, if at 4 any time it appears to the trustees by whom the same is executed 5 or their successors in office that the further continuance of the in6 denture will be prejudicial to the well-being of the apprentice or 7 servant, the board may annul the indenture by giving written 8 notice to the master of their intention to cancel the same, stating 9 their reasons therefor, and may forthwith remove the said appren10 tice or servant from the care and keeping of the said master.
of girls and 1869, 302, § 1. P. S. 9, § 40.
1879, 291, 3.
1869, 302, 2.
SECTION 40. The execution of such conditional indenture shall Execution of 2 not operate as a discharge of the minor from confinement under any a discharge. 3 sentence or order of commitment; and if any such indenture is P. S. 89, § 41. 4 cancelled, the trustees shall have the same power and authority 5 relative to the minor as before it was made.
G. S. 75, § 16.
1 SECTION 41. A person who receives a girl as apprentice under Indenture of 2 the provisions of this chapter shall not assign or transfer the in- ship of girls 3 denture of apprenticeship nor let out her services for any period not to ba 4 without the consent in writing of the trustees. If the master for 1855, 442, § 15. 5 any cause desires to be relieved from the contract, the trustees P. S. 89, § 42. 6 upon application may in their discretion cancel the indenture and 7 resume the charge and management of the girl, and shall have the 8 same power and authority relative to her as before the indenture 9 was made.
girl when mas.
G. 75, § 17.
SECTION 42. If a master is guilty of cruelty or misusage toward Discharge of 2 a girl so bound to service, or of any violation of the terms of the ter is guilty of 3 indenture, the girl or trustees may make complaint to a court, 1855, 442, § 16. 4 judge, trial justice or commissioner aforesaid, who shall summon P. S. 89; 43: 5 the parties before him and examine into the complaint; and if it 6 appears to be well founded, he shall by certificate under his hand 7 discharge the girl from all obligations of future service, and restore 8 her to the school to be held as before her indenture.
G. S. 75,
§ P. S. 89, § 45. 1889, 123.
10p. A. G. 305.
-to act as guardians of girls discharged or bound out. 1855, 442, § 18. G. S. 75, § 19. 1863, 184, § 2. P. S. 89, § 46.
Transfers to hospital cottages, etc. 1899, 158.
SECTION 43. Upon the death of the master to whom a girl is so 1 bound to service, his executor or administrator, with the consent of 2 the girl in writing, acknowledged by her and approved by the trus- 3 tees, may assign the indenture to some other person. Such assign- 4 ment shall transfer to and vest in the assignee all rights and subject 5 him to all responsibilities of the original master.
SECTION 44. The trustees may discharge and return to his 1 parents, guardian or protector any boy who, in their judgment, is 2 physically or mentally unfit to remain in the school, and they 3 shall discharge and return to her parents, guardian or protector, 4 any girl who, in their judgment, ought for any cause to be removed 5 from the school. In such case the trustees shall make an entry upon 6 their records of the name of such boy or girl, the person to whom 7 he or she was returned, the date when he or she was discharged 8 from the custody of the school and a statement of the reasons for 9 his or her discharge. They shall forthwith transmit a copy of such 10 record signed by their secretary to the court, judge, trial justice or 11 commissioner by whom the boy or girl was committed.
SECTION 45. The trustees shall be the guardians of every girl 1 so bound or held for service, and shall take car that the terms of 2 the contract are faithfully fulfilled and that she is properly treated. 3 They shall especially inquire into the treatment of every such girl, 4 and cause any grievance to be redressed. If girls under twenty- 5 one years of age who are discharged from the industrial school have 6 no parents or guardian, the trustees shall act as guardians for them, 7 with all the power and authority conferred by the provisions of 8 chapter one hundred and forty-five. 9
SECTION 46. The state board of insanity may, upon the request 1 of the trustees of the Lyman and industrial schools, transfer from 2 either of said schools to the hospital cottages for children or to the 3 Massachusetts school for the feeble-minded any inmate whose con- 4 dition would be benefited by such transfer, upon a certificate of a 5 physician that such person is a suitable subject for treatment at 6 either of the last named institutions.
Expenditure for houses,
SECTION 47. The trustees may expend any money which may be 1 etc., for indus. given for the purpose in erecting houses or other buildings on the 2
trial school. G. S. 75, § 26. P. S. 89, § 48.
land of the commonwealth at Lancaster, for increasing the accom- 3 modation of the industrial school, if the plans therefor are first ap- 4 proved by the governor and council; but the whole number of such 5 houses shall not exceed six.
SECTION 48. A judge of probate or a commissioner before whom 1 a child is brought under the provisions of sections seventeen and 2 twenty-five shall make a brief record of his doings, and transmit it 3 and all the papers in the case to the superior court in the county 4 in which such proceedings are had; and the clerk thereof shall file 5 and preserve the same in his office.
State board to send to state
SECTION 49. The state board of charity may send to the state 1 hospital, when. hospital any juvenile offender in its custody, or, upon the request 2
of the trustees of the Lyman and industrial schools, any juvenile 3
4 offender in their custody who is in need of hospital treatment.
annually to ured children.
1879, 291, § 3.
1 SECTION 50. The state board of charity shall at least once a State board 2 year visit all children who are maintained wholly or in part by the visit indent3 commonwealth, or who have been indentured or placed in charge of ren 4 a person by any state institution, board or officer of the common- 1871, 370, § 2. 5 wealth, or under any provision hereof, and all minor children who P. S. 89, § 53. 6 are supported at the expense of any city or town. It shall inquire 7 into the condition of such children, and make such other investiga8 tions relative thereto as it may think fit; and for this purpose it may 9 have private interviews with such children at any time.
may cancel transfer child, 1870, 359, § 3.
291, § 3.
SECTION 51. If the state board of charity is of opinion that a 2 child so indentured or placed in charge of a person cannot, with 3 advantage to the child, be longer so held, it may cancel the indent4 ure or contract by giving notice as provided in section thirty-nine, 1871, 30, 3 5 and return such child to the institution from which he was indentured P. S. 89, § 54. 6 or taken; or, on application of such institution, the state board may 7 transfer him to any other institution maintained by the common8 wealth for the support or reformation of children, indenture him 9 to some other person or otherwise provide for his maintenance 10 during minority, or for a less time. The cancellation of the indent11 ure or contract shall not operate as a discharge of the minor under 12 any sentence or order of commitment.
1 SECTION 52. A child shall not be indentured, adopted or placed 2 in charge of any person from a state institution until notice of an 3 application therefor has been given to the state board of charity and 4 until its report in writing, made after investigation into the pro5 priety thereof, has been filed with such institution. All applications 6 for the release or discharge of any children so indentured or placed in 7 charge shall in like manner be given to the state board for its report.
1 SECTION 54. The trustees may annually pay, out of the amount 2 appropriated for the current expenses of the industrial school, not 3 more than two hundred dollars in aiding destitute and deserving 4 girls who have left the school and are out of employment.
-to procure of
1 SECTION 53. The state board of charity shall seek out suitable 2 persons who are willing to adopt, take charge of, educate and children, etc. 3 maintain children arrested for offences, committed to a state insti- 1879, 291, § 3. 4 tution, abandoned or neglected, and give notice thereof to the P. S. 89, § 56.. 5 institutions, boards, officers or persons having authority so to dis6 pose of said children.
Aid for desti-
P. S. 89, § 57.