think proper; but if the minor be of the age of fourteen CHAP. 88. years, or having had a guardian appointed by the judge of probate shall arrive at the age of fourteen years, he may appoint his own guardian, and such appointment shall be confirmed by the judge of probate, on the guardian giving the security hereinafter specified. 3. All guardians appointed under the provisions of this Power of guarChapter shall have the exclusive control of their wards, and dians. may maintain actions against any persons who shall take them away or detain them, and shall recover damages for their benefit. They may take possession of all their property, real and personal, receive the rents and profits thereof, and manage the same during the period of their guardianship, and may maintain all actions at law or in equity in relation thereto as such children could do if of full age. given; their con 4. Every guardian appointed by the judge of probate, Bonds to be or nominated by the minor and confirmed by him, shall, itions. previous to the letters of guardianship being issued, file in the probate court a bond, with two sureties to be approved of by the judge, and to be taken in his name, with a condition that he will faithfully manage and dispose to the best advantage of the property of the minor committed to his care, that he will not commit waste thereon, and will render a just account thereof to the court of probate when requir ed, and to the ward when he shall come of age. when granted. 5. No letters of guardianship shall be granted by any Letters, how apjudge of probate unless application therefor be made by plied for and the minor or some near relation of his, or by the executors or administrators of an estate in which the minor is interested; and the judge, upon such application, may appoint guardians in any suit pending before him, for the purposes of such suit, without requiring a bond. not affected 6. The provisions of this Chapter shall not affect any Apprenticeships apprenticeship which may legally have been entered into entered upon by or on behalf of any minor, or by any overseers or coin- hereby. missioners of the poor. CHAPTER 88. OF MASTERS, APPRENTICES AND SERVANTS. tices or servants. 1. All children under the age of fourteen years may be Minors may be bound as apprentices or servants until that age, and all bound as apprenminors above the age of fourteen years, may be bound as apprentices or servants; females to the age of eighteen CHAP. 88. years or to the time of their marriage within that age, and males to the age of twenty-one years, in the manner prescribed in this Chapter. Under fourteen years, how bound. Above fourteen, Indenture to be of two parts, fied in certain 2. Children under the age of fourteen years may be bound by their father, or in case of his death or incompetency, by their mother, or by their legal guardian, and if illegitimate, they may be bound by their mother; and if they have no parent competent to act, and no guardian, they may bind themselves with the approbation of two justices of the peace. 3. Minors above the age of fourteen years may be bound in the same manner; provided that when they are bound by their parent or guardian, the consent of the minor shall be expressed in the indenture, and testified by his signing the same. 4. No minor shall be bound otherwise than by an insealed and certi- denture of two parts, sealed and delivered by both parties; and when made with the approbation of the justices of the peace, their approbation shall be certified in writing, signed by them upon each part of the indenture. cases. Custody of minor's part. Overseers of poor may bind out pauper minors. Terms of contract of indenture. Minors, how bound by over seers. Money, &c., paid or allowed by 5. One part of the indenture shall be kept for the use of the minor by his parent or guardian when executed by them respectively, and when made with the approbation of two justices of the peace, it shall be deposited with the town clerk or Clerk of the Peace, and be safely kept in his office for the use of the minor. 6. The overseers of the poor may bind as apprentices or servants, the minor children of any poor person, who has become chargeable to the district, as having a lawful settlement therein, or who is supported there in whole or in part at the charge of the district; and also all minor children, who are themselves chargeable to the district as having a lawful settlement therein, or as poor persons supported by the district. 7. Such children whether under or above the age of fourteen years may be bound, females to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years; and provision shall be made in the contract for teaching such children to read, write and cypher, and for such other instruction, benefit and allowance, either within or at the end of the term, as the overseers may think reasonable. 8. No minor shall be bound by the overseers unless by an indenture of two parts, sealed and delivered by the overseers and by the master, one part of which shall be deposited with the town clerk or Clerk of the Peace, and be safely kept by him for the use of the minor. 9. All considerations of money or other things paid or master to be for allowed by the master upon any contract of service or apprentice. apprenticeship made in pursuance of this Chapter, shall CHAP. 88. be paid or secured to the sole use of the minor thereby bound. guardians and bound out. 10. Parents and guardians and overseers shall inquire Duty of parents, into the treatment of all children bound by them respec- overseers respecttively, or with their approbation, and of all who shall have ing children been bound by their predecessors in office, and defend them from all cruelty, neglect and breach of contract, on the part of their masters. misconduct of 11. In case of any misconduct or neglect of the master, Proceedings for a complaint may be made in writing by the parents, guar- master. dian, or overseers, to any two justices of the peace for the county in which the master resides, setting forth the facts and circumstances of the case; and the justices, after having duly notified the master, shall proceed to hear and determine the same. power of justi redress. 12. After a full hearing of the parties, or of the com- Hearing, and plainants alone, if the master shall neglect to appear, the ces to afford justices may order that the minor be discharged from his apprenticeship or service, and give the costs of suit against the master, and may award execution accordingly, and the minor may be thereupon bound out anew. where complaint 13. If the complaint shall not be maintained, the jus- Proceedings tices shall award costs for the master against the com- dismissed. plainants, and shall issue execution accordingly, excepting, that in case of such a complaint by overseers, the justices. shall not award costs against them, unless it shall appear that the complaint was made without reasonable cause. 14. Any person feeling himself aggrieved by the order Appeal for perof any justices under the three preceding sections, may appeal therefrom to the Supreme Court at its next term in the county, and such appeal shall be granted and determined in the same manner as in civil suits. sons aggrieved. sconding or conduct, how 15. If any apprentice or servant bound as in this Chap- Apprentice abter, shall unlawfully depart from the service of his master, guilty of misor shall be guilty of any gross misbehaviour, or refusal to punished. do his duty, or wilful neglect thereof, any justice of the peace, upon complaint on oath made to him by the master, or by any one on his behalf, may issue his warrant to apprehend the apprentice or servant, and bring him before the same or any other justice; and if the complaint shall be supported, the justice may order the offender to be returned to his master, or may commit him to the common jail for a term not exceeding twenty days, unless sooner discharged by his master. CHAP. 89. PART III. OF COURTS AND CIVIL REMEDIES. TITLE XXII. OF THE VARIOUS COURTS: THEIR CHAPTER 89. OF THE SUPREME COURT AND ITS OFFICERS. JUDICIAL OFFICERS. 1. The bench of the Supreme Court shall be composed Bench of of a Chief Justice, a Judge in Equity, and five other or Supreme Court. Puisne Judges. 2. No person shall be appointed a Judge of the Supreme Qualifications Court, unless he shall have been a resident Barrister of for judgeship. the Province for ten years, and shall have been practising as such for five years next before such appointment, or held office as a District or County Judge in the Province. 3. The Judges of the Supreme Court shall hold no Judges to hold other offices under government except those of Judge of no other offices. the Court of Vice-Admiralty, and Judge Ordinary of the Exceptions. Court for Divorce and Matrimonial Causes. JURISDICTION. 4. The Supreme Court shall have within this Province Powers of the same powers as are exercised by the Courts of Queen's Supreme Court. Bench, Common Pleas, Chancery and Exchequer in Eng land. 5. The Equity Judge shall have jurisdiction in all cases of equity judge. formerly cognizable by the Court of Chancery, and shall exercise the like powers, and apply the same principles of equity as justice may require, which were formerly ad ministered in that Court. Supreme Court 6. In all actions at law in the Supreme Court, on the Powers of trial or argument of which matters of equitable jurisdic- or judge where tion arise, that Court shall have power to investigate and equitable |