every person who shall fail or refuse to support his or her father, grand-father, mother, grand-mother, child or grand-child, sister or brother, when directed by the board of commissioners of the county where such poor person shall be found, whether such relative reside in the county or not, shall forfeit and pay to the county commissioners, for the use of the poor of their county, the sum of fifteen dollars per month, to be recovered in the name of the county commissioners, for the use of the poor as aforesaid, before any justice of the peace, or any court having jurisdiction: Provided, That when any person becomes a pauper from intemperance, or other bad conduct, he shall not be entitled to support from any relation, except parent or child.

der relatives

liable.

$3. The children shall be the first called on to support their pa- In what or rents, if there be children of sufficient ability; if there be none of sufficient ability, the parents of such poor person shall be next called on; and if there be no parents or children of sufficient ability, the brothers and sisters shall be next called on; and if there be no brothers and sisters, the grand-children of such poor person shall be called on, and then on the grand-parents; but married females, whilst their husbands live, shall not be liable to a suit.

relieved out

$4. When any such poor person shall not have any such relatives, when to be in any county in this territory, as are named in the preceding sec- of county tions, or such relative shall not be of sufficient ability, or shall fail or treasury refuse to maintain such pauper, then the said pauper shall receive such relief as the case may require out of the county treasury; and the county commissioners may either make contracts for the necessary maintenance of the poor, or appoint such agents as they may deem necessary, to oversee and provide for the same.

nors bound

$5. When any minor shall become, or be likely to become charge- When miable to the county, either because of being an orphan, or because the to service. parents, or other relations as aforesaid, are unable or refuse to support such minor, it shall be the duty of the county commissioners to bind such minor as an apprentice to some respectable householder of the county, by written indenture, which shall bind such minor to serve as an apprentice, and shall, in all respects be to the tenor and effect as required in the act concerning apprentices.

sons not

$6. When any non-resident, or any other person, not coming When relief within the definition of a pauper, shall fall sick, in any county of this given to perterritory, not having money or property to pay for his board, nursing paupers. and medical aid, it shall be the duty of the overseers of the poor of the proper township, on complaint being made, to give, or order to be given, such assistance to such poor person as they may deem just and necessary; and if said sick person shall die, then the said overseers shall give, or order to be given to such person, a decent burial; and the said overseers shall make such allowance for board, nursing, medical aid, or burial expenses, as they shall deem just, and equitable, and order the same to be paid out of the county treasury.

$7. When application is made, by any pauper, to the board of Residence commissioners of any county in this territory, for relief, it shall be ne- required. cessary for said commissioners to require of said pauper satisfactory evidence that he has been a resident of said county, for twelve months immediately preceding the day upon which such application is made. $8. When on application, made by any pauper, to the board of Relief when commissioners as aforesaid, it shall appear, to the satisfaction of said

to be given.

When applicant removed.

When not
to be reliev-
ed,

Work-house may be erected.

Penalty for bringing

territory.

board, that the person so applying for relief has resided in said county agreeably to the provisions of the foregoing section of this act, he shall be entitled to all the relief provided by this act; but if on the contrary it shall appear, to the satisfaction of said board, that said pauper has not been a resident of said county agreeably to the provisions of the seventh section of this act, they shall proceed to remove from their county, at the expense of said county, such pauper, to the county where said pauper may have had his residence, or may, if they think best, issue a notice directed to some constable of the county, which notice said constable shall serve forthwith on said pauper, requiring him to depart said county forthwith; and after so serving said notice, by reading the same to said pauper, said constable shall, within five days thereafter, return the same to the clerk of the board of commissioners issuing the same, noting the time and mannner of serving the same thereon.

9. After service of such notice as aforesaid, no pauper shall be entitled to relief from such county, any law or custom to the contrary notwithstanding.

$10. The board of county commissioners, of any county in this territory, may, if they think proper, cause to be built or provided, in their respective counties, work-houses for the accommodation and employment of such paupers as may, from time to time, become a county charge; and said work-house and paupers shall be under such rules and regulations as said boards of commissioners may deem proper and just.

$11. If any person shall bring and leave any pauper, in any pauper into county in this territory, wherein such pauper is not lawfully settled, knowing him to be a pauper, he shall forfeit and pay the sum of one hundred dollars, for every such offence, to be sued for and recovered, by and to the use of such county, by action of debt, before any court having jurisdiction of the same.

Minors may

selves, with

parents, or

AN ACT concerning apprentices and servants. S1. That every person 'bound by indenture, of his or her own bind them free will, and with the consent of his or her father, or if he be dead, consent of of the mother or guardian, and to be expressed in such indenture, two justices. and signified by such parent or guardian sealing and signing the same indenture, and not otherwise, or by any two justices of the peace, as hereinafter directed, to serve as clerk, apprentice or servant, in any profession, trade or employment, until the age of twenty-one years, or for any shorter time, although such clerk, apprentice or servant, shall be within the age of twenty-one years at the making of any such indenture, shall be bounden to serve for the term in the indenture specified, as fully as if the same clerk, apprentice or servant, was of full age at the making of the same: Provided always, That it shall be lawful for any male infant under the age of twentyone years, or any female infant under the age of eighteen years, and who shall have no parents living, nor any guardian, by and with the approbation of two justices of the peace of the county in which he or she may reside, to bind himself or herself an apprentice as aforesaid, until such infant, if male, shall arrive at the age of twenty-one years, and if a female, to the age of eighteen years; which

approbation shall be endorsed on the indenture and every such indenture shall be valid and binding.

ty commis.

children.

$ 2. The county commissioners in the several counties may bind When counout any child under the age above specified who shall be sent to any sioners may county poor-house, or who is or shall become chargeable, or whose bind out parent or parents are or shall become chargeable to such county, to be clerks, apprentices or servants, until such child, if a male, shall be twenty-one years old, or if a female, shall be eighteen years old; which binding shall be as effectual as if such child had bound himself with the consent of his father.

ucated.

$3. Whenever any child shall be bound out by the county com- Child bound missioners of any county, or by the overseers of the poor of any city out to be e-1. or town, the indentures shall contain an agreement on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and to be instructed in the general rules of arithmetic.

4. When the father of any child is not in legal capacity to give. Mother may the consent aforesaid, the mother of such child shall have the same give consent power to give such consent as if the father was dead.

in certain cases.

$5. The age of such infant so inserted in the said indenture (in what to be relation to the continuance of his or her service) shall be taken to be evidence of prima facie evidence of his or her true age.

age of child.

in case of

$6. On complaint being made on oath by any master touching Proceedings any misdemeanor or ill behavior of any such person to any two jus- in behavior tices of the peace of the county, or to the mayor, recorder and al- of apprenderman of any city, or any two of them, it shall be their duty to cause the person complained of to be brought before them, and to hear, examine and determine the complaint.

$7. If the complaint appear to be well founded, the said officers may by warrant commit the offender to the house of correction, or to the common jail of the county, for any term not exceeding one month, there to be employed in hard labor, and to be confined in a room with no other person; or they may, by a certificate under their hands, discharge the offender from his service, and the master from all obligations to such offender.

tice.

Ib.

In case of

part of

$8. It shall and may be lawful for any three or more justices of the peace in any county, upon any complaint or application, by any cruelty on apprentice or servant, touching or concerning any misusage, refusal master. of any necessary provisions or clothing, cruelty or other ill treatment of or toward such apprentice or servant, by his or her master or mistress, by precept under their hands, to summon such master or mistress to appear before such justices at a reasonable time and place, to be named in such summons; and such justices shall and may examine into the matter of such complaint, and upon proof thereof, made upon oath to their satisfaction, (whether the master or mistress be present or not, if service of the summons be also upon oath proved,) said justices may discharge such apprentice or servant, by warrant or certificate under their hands, for which warrant or certificate no fees shall be paid.

$9. If any person shall think himself aggrieved by such determi- Appeal alnation, order or warrant of such justices as aforesaid, (except an lowed to dis order of commitment,) such person may appeal to the next district &c. court, to be holden in and for the county where such determination

trict court,

or order shall be made, such person giving six days' notice of his intention of bringing such appeal, and of the cause and matter thereof, to such justices of the peace, and the parties concerned, and entering into recognizance within three days after such notice, before some justice of the peace in such county, with sufficient security, conditioned to try such appeal at, and abide the order and judginent of, and pay such costs as shall be awarded by the said court; which said court upon due proof upon oath, of such notice being given, and of entering into such recognizance as aforesaid, shall and are hereby directed to proceed in and hear, and finally determine the causes and matters of all such appeals, and give and award such costs to any of the respective parties, as they in their discretion shall judge proper and reasonable, not exceeding twelve dollars; the same to be levied by distress and sale of the goods and chattels of such person against whom such determination shall be made; and their judgment therein shall be final and conclusive to all parties concerned; and if the servant or apprentice shall be found to be delinquent, he or she shall be sentenced by the said court, to serve, at its discretion, so much longer time as the court shall deem proper. $10. No person shall accept from any journeyman or apprentice, C. not to be any contract or agreement, nor cause him to be bound by oath or set up trade, otherwise, that after his term of service expired, such journeyman or apprentice shall not set up his trade, profession or employment in any particular place, shop, house or cellar; nor shall any person exact from any journeyman or apprentice, after his term of service expired, and money or other things, for using and exercising his trade, profession or employment in any place.

Journeyman

bound not to

&c.

Lands con

descend.

AN ACT to secure religious societies within this territory in the possession of their churches, and other property.

S1. That all lands conveyed by deed, devise or otherwise to any veyed how to trustee or trustees for the use of any religious society within this territory for the purposes of erecting a house or houses of worship, for the minister to live in, or for a burying ground, shall descend in perpetuity to their successors in office appointed by said societies respectively, according to their respective rules and regulations, for ever, for the use and purposes above stated.

Powers of

lative to

lauds.

$2. The trustee or trustees of any religious society holding lands Trustees re- as provided for in the first section of this act, shall have the same right, privilege and power to improve and defend such lands in law and equity that individuals have to improve and defend their individual Limitation. property; provided the quantity of land so held shall not exceed three acres in any one village, town or township, by any one society, and the improvements shall not extend to more than a church, school-house and parsonage, with their necessary improvements.

Property exeupt from fax.

Act repea

ed

$3. The said church, school-house and parsonage, with the land thereto belonging, shall not be subject to taxation for any purpose except for its own improvement.

$4. An act to provide for the incorporation of religious societies, approved July 31, 1830, and all other acts contravening this act, are repealed. This act to take effect from and after its passage.

AN ACT to establish common schools.

school dis

$1. Every town in this territory containing not less than ten fami- Towns to be lies shall be a school district, and shall be provided with a competent tricts. schoolmaster or mistress to instruct children.

spectors how

$ 2. The legal voters of all towns respectively, shall annually, at School inthe time and place of holding general elections in such town, or at elected. such other time and place as the county commissioners may direct, elect by ballot five persons to be inspectors of common schools in said town, whose duty it shall be to examine such teachers as may be employed in said town, and approve or disapprove of them, and to visit the several schools in their respective towns quarterly or oftener, if by them deemed expedient.

teachers,

$3. Three or more such inspectors shall be competent to exa- To examine mine teachers, and visit and inspect the schools within their town as to schools, &c the proficiency of the scholars and the good order and regularity of such schools; and they shall have power to hear any complaint made against any teacher, and to discharge such teacher if in their opinion his conduct and qualifications are such as shall require such discharge.

tificate.

S4. Every teacher employed in any school district, shall first pro- Teachers to cure a certificate from the inspectors that he is duly qualified to teach procure certhe school in which he may be employed, and is of good moral character; and any teacher who shall teach any district school without such certificate, shall forfeit and pay a sum not exceeding fifty dol-neglect. lars, to be recovered in any court of competent jurisdiction, one moiety thereof to the informer and the other to the use of the district in which such school is situated.

Penalty for

formed.

5. If any town shall contain more than ten families, the county School dis commissioners are authorized to divide the same into two or more tricts how school districts; and if any county shall not be divided into towns, they shall have authority to divide the county into school districts, and to provide for the election of inspectors in each district containing not less than fifty families.

keep school

$6. The school inspectors shall take charge of all school-houses, Inspectors to and keep the same in repair within their respective towns or districts, houses in reand lease the school lands, in the same for such term, not exceeding pair, &c. three years, as they may judge for the best interests of the inhabitants in such districts, and at such rent as they may deem expedient, to be paid and expended towards the support of schools in the same districts; they may also prosecute suits for trespass on such lands or da mage done to school-houses, and make sale of the fallen timber thereon for the use of the districts respectively.

schools how

$7. For the erection of suitable buildings and the support and Tax for maintenance of schools in any county, the county commissioners levied. shall levy an annual tax of not more than one-quarter of one per cent on the real property in such county upon the assessment roll made by the county assessor for the same year, and to include the same in their warrant to the collector; and the said collector shall proceed to collect the said tax in the same manner the county revenue is by law collected; and the said money so collected shall be paid into the county treasury, subject to be appropriated in the manner and for the purposes mentioned in this act, and no other.