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Mass. Stat. Feb. 28, 1795, ac 8, sec. 2.

Complaint to

the

common pleas, against the master, for

cruel usage, &c.

Notification to the

It is made the right and duty of all parents and guar dians, and of selectmen for the time being, (where selectmen shall give their approbation to the binding out of a minor, as aforesaid) binding minors, as aforesaid, to inquire into their usage, and defend them from the cruelties, neglects, or breach of covenant of their masters or mistresses; and such parents, guardians, or selectmen, for the time being, may complain to the court of common pleas, in the county whereof such master or mistress is an inhabitant, against him or her, for any personal cruelty, neglect, or breach of covenant; and the court, after having duly noti- master. fied the party complained against, shall proceed to hear Trial of the comand determine such complaint, with or without a jury, ac- plaint. cording as the allegations of the party may be. And if the same complaint shall be supported, the court may render complaint be supjudgment, that the said minor be discharged from his or her apprenticeship or service, with costs against the master or mistress, and award execution accordingly; in which case, the deed of service, or apprenticeship, shall be deemed void from the time of rendering such judgment, and the minor may be bound out anew: But if such complaint shall not be supported, the court shall award costs to the Judgment, in case the respondent, against the parent, guardian, or selectmen, (where the complaint of the selectmen shall be without probable cause,) and execution accordingly.

Judgment, in case the

ported.

complaint be not supported.

IX. What proceedings may be had, in case such minor absconds from the service of his master.

If any servant or apprentice, bound as aforesaid, shall depart from the service of his or her master, or mistress, Mass. Stat. Feb. 28, 1795, act 8, sect. 3. it shall be lawful for any justice of the peace, of the county where such servant or apprentice may be found, on complaint made to him by the master, or mistress, or by any one in his or her behalf, on oath, to issue his warrant to the sheriff, or his deputy, or any constable within the of the apprehe Of apprehension county, directing him to apprehend such servant, or apprentice, and to bring him or her before the said justice; before whom he is who, upon the hearing, shall order the said servant, or apprentice, to be returned to the place of his or her duty; or to commit him or her to the gaol of the county, there

Order of the justice, brought.

Duty and authority of

ceives the justice's

turn of the minor.

to remain for a term not exceeding twenty days, unless sooner discharged by his or her master or mistress.

And the justice's warrant, for returning such servant or the officer who re- apprentice to the place of his or her duty, directed to any warrant for the re- Officer, or other person, by name, shall authorize him to convey any such servant or apprentice to such place, notwithstanding it may be in any other county in the comBy whom the costs of monwealth; and the costs of the process and commitment, by the said justice, shall be paid by the master or mistress, to be recovered by him or her on the deed or covenant; and when recovered of the guardian, the same, with all further costs he may be held to pay, shall be a proper article of charge in his guardianship account.

process and commit

ment are to be paid.

Mass. Stat. Feb. 28,

1795, a&t 8, scct. 4. Complaint to com

mon pleas, against the minor.

minor, and others concerned.

Trial of the complaint.

X.

What proceedings may be had, in case of gross misbehaviour on the part of the minor.

If any servant or apprentice, bound as aforesaid, shall be guilty of any gross misbehaviour, wilful neglect, or refusal of his or her duty, the master or mistress may complain thereof to the court of common pleas, in the county whereof Notification to the he or she is an inhabitant; and the said court, after having duly notified such servant or apprentice, and all persons, covenanting on his or her behalf, and the selectmen, for the time being, of the town (where the selectmen shall approve as aforesaid) shall proceed to hear and decide on such complaint, with or without a jury, as the allegations Judgment in case the of the parties may be; and if the said complaint shall be complaint be supported. supported, the court may render judgment, that the master or mistress shall be discharged from the contract of service or apprenticeship, and every article thereof obligatory on him or her, with costs; and award execution for costs accordingly, against the parent, guardian, or minor, where the minor shall engage, as aforesaid, for him or herself. And any servant or apprentice, whose master or mistress shall be discharged as aforesaid, may be bound out anew.

TITLE XIII.

ARSON, AND OTHER MALICIOUS

BURNINGS.

ARSON, by statute, is the wilful and malicious burning of Mass. Stat. March 16, the dwelling-house of another, in the night time.

1805, act 7, sect, I.

At common law, not only the dwelling-house, but all out-houses, that are parcel thereof, though not contiguous 4 Bl. Com. 221. thereto, nor under the same roof, as barns and stables, may be the subjects of arson. So also, at common law, the circumstance of time, when the burning was committed, whether by night or by day, created no difference, either in the offence or the punishment.

But, by our statute, a wise and humane discrimination is displayed in the selection and classification of subjects and circumstances.

1st. Punishment for burning a dwelling-house, in the night time.

2d. Punishment for burning a dwelling-house, in the day time.

3d. Punishment for burning, in the night time, any public building; or building, within the curtilage of a dwelling-house.

4th. Punishment for burning, in the day time, any public building; or building within the curtilage of a dwellinghouse or for burning, either by night or by day, any private building, not within the curtilage of a dwelling-house; or any vessel, lying within the body of any county. 5th. Punishment for other malicious burnings,

I. Punishment for burning a dwelling-house, in the night time.

Ibid. 220.

Mass. Stat. Mar, 16,

If any person shall, wilfully and maliciously, set fire to the dwelling-house of another, or to any out-building ad1805, at 7, sect. 1. joining to such dwelling-house, or to any other building; and, by the kindling of such fire, or by the burning of such other building, such dwelling-house shall be burnt in the night time; every such offender, and any person present, aiding, abetting, or consenting in the commission of such offence, or accessory thereto before the fact, by counselling, hiring, or procuring the same to be done, who shall be duly convicted, before the supreme judicial court, of either of the felonies and offences aforesaid, shall suffer the punishment of death.

Ibid. Sect. 2.

Ibid.

For the punishment of accessories after the fact, the reader is referred to title ACCESSORIES, page 46.

II. Punishment for burning a dwelling-house, in the day time.

If any person shall wilfully and maliciously burn, in the day time, the dwelling-house of another, or any out-building adjoining to such dwelling-house, or any other building, whereby such dwelling-house shall be burnt; every such offender, and any person present, aiding, abetting, or consenting in the commission of such offence, or accessory thereto before the fact, by counselling, hiring, or procuring the same to be done, who shall be duly convicted, before the supreme judicial court, of either of the felonies and offences aforesaid, shall be punished by solitary imprisonment for such term, not exceeding one year, as the justices of the said court, before whom the conviction may be, shall sentence and order, and by confinement afterwards, to hard labour, for life.

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For the punishment of accessories after the fact, the reader is referred to title ACCESSORIES, page 46.

III. Punishment for burning in the night time, any public building; or building within the curtilage of a dwellinghouse.

If any person shall, wilfully and maliciously, set fire to any meeting-house, church, court-house, town-house, college, academy, or other building erected for public uses,

or to the store, barn, or stable, of another, within the curtilage of any dwelling-house; and, by the kindling of such fire, such meeting-house, or other building erected for public uses, or such store, barn, or stable, shall be burnt in the night time; every such offender, and any person present, aiding, abetting, or consenting, in the commission of such offence, or accessory thereto before the fact, by counselling, hiring, or procuring the same to be done, who shall be duly convicted, before the supreme judicial court, of either of the felonies and offences aforesaid, shall be punished by solitary imprisonment, for such term, not exceeding one year, as the justices of the said court, before whom the conviction may be had, shall sentence and order; and by confinement, afterwards, to hard labour, for life.

For the punishment of accessories after the fact, the reader is referred to title ACCESSORIES, page 46.

:

IV. Punishment for burning, in the day time, any public building or building within the curtilage of a dwellinghouse: Or for burning, either by night or by day, any private building, not within the curtilage of a dwelling-house; or any vessel, lying in the body of any county.

If any person shall, wilfully and maliciously, burn, in the day time, any meeting-house, or other building erected for public uses, or any store, barn, or stable of another, within the curtilage of any dwelling-house; or if any person shall, wilfully and maliciously, burn, by night or by day, any other store, barn, stable, house, or building whatsoever, or any ship or vessel, lying in the body of any county; every such offender, and any person, aiding or consenting in the commission of such offence, who shall be duly convicted thereof before the supreme judicial court, shall be punished by solitary imprisonment, for such term, not exceeding one year, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the nature and aggravation of the offence.

Mass, Stat. March 16, 1805, act 7, sect, 3.

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