exceeding one-third part thereof, as in its discretion the circumstances of the estate will admit.*

woman,

1848. Name may be

SECT. 37. In all proceedings for a divorce by a married the superior court may, for just and reasonable cause, on granting a changed. divorce, change the name of the petitioner, who shall thereafter be known and called by such name as said court shall in its decree appoint.

Order respecting

SECT. 38. In any petition by a married woman for a divorce, the 1837. superior court in the county, where the same shall be pending, may, children. during the pendency, at the final hearing, or afterwards, as occasion may require, make such order, as between the parties, for the custody, care, and education, of the children of the marriage, as such court may deem necessary and proper, and may at any time thereafter annul, vary, or modify, such order.t

SECT. 39. In all cases in which a divorce has been or shall be Same subject. granted, on the application of a married woman, without any order being made at the time of granting such divorcé, relative to the charge or custody of the child or children of such marriage, and in all cases in which any husband and wife, having minor children, shall, by reason of the abandonment or cruelty of the husband, live in a state of separation, without being divorced, the superior court in the county, where the parties or one of them reside, may, on the application of such mother, and due notice given to the adverse party as in other cases, award the charge and custody of the child or children of such marriage to the mother, for such time, under such regulations, and with such provisions and restrictions, as, in the opinion of the court, the case may require.

SECT. 40. Upon the dissolution of any marriage by divorce, if there shall be a minor child of such marriage, who shall stand in need of maintenance or support, the parents of such child shall provide for, support, and maintain it, according to the abilities of such parents respectively.

1854. Children how supported.

SECT. 41. Upon the application of either of the parents of such Same subject.. child, contained in any petition for divorce, or upon an application to the superior court afterwards made, the court shall inquire by proper proof into the amount of the property or estate of both of such parents, and into the ability of such parents, respectively, to provide for the maintenance and support of such child, and may make such order and decree against either or both of said parents for the support and maintenance of such child, as it shall consider just and equitable, and may direct any proper security to be given for such support and maintenance, or may enforce such decree as said court shall make for such support and maintenance, by any proper proceeding usual in courts of equity.

to make returns

SECT. 42. The clerks of the superior court in the several counties. 1865. shall, at the close of each term of said court in their respective Clerks of courts. counties, make return to the state librarian of the number of to state librarian. divorces granted at said term, and the cause for which they were severally granted, which information shall be tabulated by the librarian, and published in the report in the registration of births, marriages, and deaths.

A specific sum in money, not exceeding one-third of the husband's property, may be allowed as alimony. Sanford v. Sanford, 5 Day, 353. Lyon v. Lyon, 21 C. R. 185.. Writ of ne exeat the remedy to enforce payment. Same.

After a divorce, the parties are liable to support the children in proportion to their pecuniary ability. Finch v. Finch, 22 C. R. 411.

CHAPTER IV.

OF THE EDUCATION AND GOVERNMENT OF CHILDREN.

Children to be instructed.

If neglected, selectmen may

SECT. 43. All parents, and those who have the care of children, shall bring them up in some honest and lawful calling, or employment, and shall instruct them, or cause them to be instructed, in reading, writing, English grammar, geography, and the elements of arithmetic.

SECT. 44. The selectmen, in their respective towns, shall inspect bind them out. the conduct of the heads of families, and if they find any who neglect the education of the children under their care, they may admonish them to attend to their duty, and if they continue to be negligent, whereby the children grow rude, stubborn, and unruly, they shall, with the advice of a justice of the peace, take such children from their parents, or those who have the charge of them, and bind them out to some proper master, males till twenty-one, and females till eighteen years of age, that they may be properly educated, and brought up in some lawful calling and employment.

Stubborn children, how corrocted.

1859.

have concurrent jurisdiction.

SECT. 45. Whenever any children, or minors, shall be stubborn and rebellious, and shall refuse to obey the commands, and resist the authority of their parents, or of those who have the charge of them, the parents, or those who have the charge of them, or any informing officer, may make complaint to two justices of the peace, in the town where the parties live, and such justices may issue a warrant, and cause such children to be apprehended and brought before them; and if, on due inquiry, they shall find them to be guilty, they may sentence them to be committed to the house of correction, in the town where they live; or if there be none in that town, to the common jail in the county, to remain confined, at hard labor, so long as said justices of the peace shall judge proper, not exceeding thirty days; but said justices, on the reformation of such children, may, at any time after the commitment, order their release, and return to their parents, or to those who have the charge of them.

SECT. 46. The police courts, in all cities, where jurisdiction in Police courts to criminal cases is committed to said courts, or to the judges thereof, shall have concurrent jurisdiction with said two justices of the peace, of all complaints which may be made under the forty-fifth and ninetysixth sections of this chapter, against parties residing within the limits of such cities respectively; and said complaints may be instituted, and proceeded with, before said police courts in all respects, as like complaints before said two justices of the peace.

1842.

Children under

SECT. 47. No child, under the age of fifteen years, shall be emfifteen years of ployed to labor in any manufacturing establishment, or in any other age not to be em- business in this state, unless such child shall have attended some ployed in labor, unless instructed public or private day school, where instruction is given by a teacher in school three qualified to instruct in orthography, reading, writing, English gram

months, &c.

mar, geography, and arithmetic, at least three months of the twelve, next preceding any and every year, in which such child shall be so

employed; and the owner, agent, or superintendent, of any manufacturing establishment, who shall employ any child in such establishment, contrary to the provisions of this section, shall forfeit, for each offense, a penalty of twenty-five dollars, to the treasurer of the state.

SECT. 48. A certificate, signed and sworn to by the instructor of Certificate of the school, where any child may have attended, that such child has teacher evidence. received the instruction aforesaid, shall be deemed sufficient evidence

of the fact; and the school visitors of the several towns, personally, Duty of school or by a committee by them appointed, annually, and as, often as they visitors. shall think proper, shall examine into the situation of the children employed in the several manufacturing establishments in their respective towns, and ascertain whether the foregoing requirements are duly observed, and report all violations thereof to some informing officer, to the intent that prosecutions may be instituted therefor; and all informing officers shall prosecute for all such violations.

work.

1855.

SECT. 49. Ten hours of labor, done and performed in any one day, by any one person, in any mechanical or manufacturing establishment, Ten hours a day's shall be deemed to be a lawful day's work, unless otherwise agreed by the parties.

eighteen years of

SECT. 50. No proprietor of any manufacturing, or mechanical, 1856. establishment, or person carrying on business, in any such establish- No minor under ment, as lessee, or in any other manner, or person having charge of age to be em. ployed more than any such establishment, shall employ, or suffer to be employed, in or twelve hours in a about such establishment, any child under ten years of age; and no day. such person shall employ, or suffer to be employed, in any such establishment, any minor under eighteen years of age, more than twelve hours in any one day, nor more than sixty-nine hours in any one week. Every person, who shall violate either provision of this Penalty. section, shall pay a fine of twenty dollars to the treasury of the town in which such offense shall have been committed.

SECT. 51. The several constables, and grand jurors in their re- Constables and spective towns, shall inquire after, and make presentment, of all grand jurors to offenses against the provisions of the preceding section.

give information.

SECT. 52. All complaints for offenses, against any of the provisions Complaints to of the fiftieth section of this chapter, may be heard and determined whom made. by a justice of the peace, but the accused may appeal from the judgment of such justice of the peace, to the superior court next to be holden in the county, in which the offense is alleged to have been

committed.

Parents, or guar

minor child in

written agree

SECT. 53. Whenever the parent or parents of any child under the 1864. age of fourteen years, the guardian or guardians of any such child, dians, with conwith the advice and consent of the selectmen of the town where such sent of selectchild resides, the selectmen of any town, having in charge any found my five a ling child more than one year of age, or the parent, parents, guardian, adoption, by or guardians, of any minor child more than fourteen years of age, with ment, &c. the assent of said minor in writing, shall, by written agreement, give in adoption such child to any person, such person may exhibit such agreement to the court of probate, where such child resides, for acceptance and approval, and said court shall thereupon issue an order of notice to all persons interested to appear, and show cause, if any they have, why such agreement should not be accepted and approved by said court, which notice shall be published for two weeks, successively, in some newspaper printed in the county where such child resides, and posted on the public sign-post in the town, nearest the place of the residence of such child, at least six days before the time assigned by such court for the hearing of said matter.

After approval

bate, agreement

SECT. 54. At the time assigned, and upon due return of said noby judge of pro- tice, the court shall proceed to a hearing upon such matter; and if to be recorded. the judge of probate shall be of opinion that it will be for the wel fare of such child, and for the public interest, that said agreement, or any other agreement which may be substituted therefor, with the advice of said judge, shall be carried into effect, he shall note his acceptance, and approval, upon such agreement; and his acceptance and approval, together with said agreement, shall be recorded upon Child so adopted, the records of said court; and such child, by such adoption, shall to become the le- thereupon, to all intents and purposes, become the legal child of the person adopting. person by whom it shall be so adopted; and the person so adopting such child shall, to all intents and purposes, become the legal parent of the same, with all the rights and duties subsisting between them, belonging, and incident, to a legitimate parent and child by blood relationship, except as may have been otherwise stipulated in the written agreement aforesaid; but such child shall only inherit estate from the person of the adopting parent.

gal child of the

Agreement may,

be annulled by the court.

SECT. 55. The court of probate may, by decree, at any time, for for cause shown, good cause shown, upon a hearing had for such purpose, annul such agreement, and vacate any and all decrees made in pursuance of the two preceding sections of this act, in which case all parties shall be remitted to their former state; but such decree shall not affect any suit then pending, or any right of action on such agreement, or any rights which have been acquired by any person, or persons, under and by virtue of such adoption.

1865.

SECT. 56. Each town shall make all needful provisions, and arTowns may make rangements, concerning habitual truants, and also concerning chil laws respecting dren wandering about the streets, or public places, of any city, or truants and va- town, having no lawful occupation, or business, nor attending school,

and enforce by

grant children.

Such children to

suitable institutions.

and growing up in ignorance, between the ages of seven and sixteen. years; and shall also make such by-laws, respecting such children, as shall be most conducive to their welfare, and the good order of such city, or town; and suitable penalties shall be annexed to such by-laws, not exceeding twenty dollars for any one breach; but said by-laws shall be approved by the superior court sitting in any county in the state.

SECT. 57.

Any minor, convicted of being an habitual truant, or be committed to any child, convicted of wandering about in the streets, or public places, of any city, or town, having no lawful business, nor attending school, and growing up in ignorance, between the ages of seven and sixteen years, may, at the discretion of the justice or the court having jurisdiction of the case, instead of the fine mentioned in the preceding section, be committed to any such institution of instruction, house of reformation, or suitable situation as may be provided for the purpose, by such city or town, under the authority of the preceding section, for such time, not exceeding two years, as such justice or court may determine.

Who may prosecute.

Warrants, before

SECT. 58. The several cities and towns shall appoint, at the annual meetings of such towns, or annually, by the mayor and aldermen of such cities, three or more persons, who alone shall be authorized to prosecute for violation of such by-laws.

SECT. 59. Warrants, issued under the three preceding sections, whom returnable. shall be returnable before any justice of the peace, or judge of the police court, of the town, or city; and the justice, or judge, shall receive such compensation, as the city or town shall determine.

OF ILLEGITIMATE CHILDREN.

maintenance.

SECT. 60. Any woman, who is pregnant with, or who has been Mode of proceed. delivered of a bastard child, may exhibit her complaint, on oath, to ing in suits for a justice of the peace, in the town where she dwells, against the person she charges with being the father of such child, and such justice of the peace shall thereupon issue a warrant, and cause such person to be apprehended, and brought before him, and if, on due inquiry, he finds probable cause, he shall order such accused person to become bound, with surety, to appear before the next superior court in the county, and abide the order of said court, and on his failing to do shall commit him to the common jail in the county. So,

*

born.

SECT. 61. If the child should not then be born, said court may Proceedings order the continuance of such cause to the next term, and the renewal when child is not of such bond if necessary, and if such woman shall continue constant in her accusation, being examined on oath, and put to the discovery, in the time of her travail, such accused person shall be adjudged to be the reputed father of such bastard child, unless from the testimony adduced by him, or otherwise, the triers shall be of opinion that he is innocent of the charge, in which case they shall acquit him, and he shall recover his cost.

and bond, com

SECT. 62. If he be found guilty, the court shall make an order Order of court, that he shall stand charged with the maintenance of such child, with mitment, &c. the assistance of the mother, and that he shall pay a certain sum per week, for such time as the court shall judge proper, and that the clerk of the court shall issue execution for the same quarterly; and the court shall ascertain the expense of lying-in, and the expense of the nursing of the child, till the time of rendering judgment, and order him to pay one-half thereof to the complainant, and shall grant execution for the same, and cost of suit; and the court may require such person to become bound, with sufficient surety, to perform such order, and to indemnify the town, chargeable with the support of such child, from any expense for its maintenance, and if he fail to do it, may commit him to the common jail, there to remain till he complies with the order; but if it shall appear that such mother does When the money not apply the weekly allowance, paid by the reputed father, towards selectme pad to the support of such child, and that such child is chargeable, or likely to become chargeable, to the town where it belongs, the court, on application, may discontinue such allowance to the mother, and may direct it to be paid to the selectmen of such town, for such support, and may issue execution in their favor for the same.t SECT. 63. The town interested in the support of a bastard child, When towns may when sufficient security shall not be offered to indemnify such town

Husband cannot join in a prosecution for the maintenance of a bastard child, born before marriage. Cheesborough v. Baldwin, 1 Root, 229. Mother must charge the accused in the time of her travail. Hitchcock v. Grant, 1 Root, 107; Warner v. Willey, 2 Root, 490. Liability of surety upon the recognizance taken by the justice. Harris v. Thomas, Kirby, 267. When a supplemental bill must be filed. Penfield v. Norton, 1 Root, 345. The order for maintenance must be for a certain time. Cheesborough v. Baldwin, 1 Root, 229; Benedict v. Roberts, 2 Root, 496. Various points in prosecutions in the name of the mother, respecting the finding and judgment of the court. Bennett . Hall, 1 C. R. 417; Comstock v. Weed, 2 C. R. 155; Judson v. Blanchard, 3 C. R. 579. This proceeding is a civil suit, and infant plaintiff must sue by guardian or next friend. Hinman v. Taylor, 2 C. R. 357.

Though civil in their nature, in form they are criminal. New Haven v. Rogers, 32 C. R. 221.

+ What expenses will be allowed. Judson v. Blanchard, 4 C. R. 557.

may be

prosecute.