for not more than 30 days. If he reforms, they may order his release or may cancel his indenture. If an apprentice leaves his master's service, any justice may issue a warrant to a proper officer to pursue him and bring him back at the master's expense.2 An absconding apprentice is liable, when he comes of age, for the damages occasioned his master.3 One who entices an apprentice from his master's service is liable to be fined not more than $100 or imprisoned not more than six months.*

It is the duty of those indenturing minors, whether parents, guardians, selectmen, or the authorities of the reform schools, to inquire into the treatment of those indentured by them respectively. If they find the master has failed to perform his part of the indenture, they may cancel it. Nothing is said about any legal proceedings." Until the revision of 1902 struck out most of this section, complaint was made to a justice of the town where the master resided, who issued a warrant for bringing the master and apprentice before him, and reconciled them if he could. If he failed, he might bind the master to appear before the next term of the court of common pleas, district court, or superior court, having civil jurisdiction, and might also bind the apprentice to appear or give order for his custody and appearance. If the court found the allegations to be true, it might cancel the indenture with costs against the master. If it found them false and without probable cause, it awarded costs to the master against the complainant. The law also allowed selectmen to make the inquiry if the

1

7

1§ 4687; from 1821, 319. § 4; cf. 1750. Vid. pp. 165, 94.

2§ 4688; from 1673 and 1784. Vid. pp. 56, 95.

§ 4690; from 1813, May, c. 2; cf. 1644. Vid. pp. 165, 56.

§ 1250; from 1855, c. 46; cf. 1813, May, c. 2.

Vid. pp. 267, 165.

1875, c. 73.

6 § 4689; from 1821, 319, §6. Vid. p. 164.

Ibid.

parties who made the indenture did not act, and directed the selectmen of the town of residence to act when the master and apprentice had removed from the town in which the latter had been indentured.' These provisions were omitted in the revision of 1902. The court had decided in 1881 that such proceedings were civil, not criminal, and that a justice might not commit to jail a master who refused to give a bond for his appearance before the superior court. The court also held that selectmen had no power, under the law prior to 1875, c. 73, to institute proceedings if the apprentice had been indentured by his parents or guardian or by the selectmen of another town."

ABANDONMENT AND ABUSE OF CHILDREN

There is still another provision for neglected children. When the parents of a minor abandon him and make no suitable provision for his support and education, the probate court where he resides may, on the application of a relative or of the selectmen of the town of the minor's residence, appoint a guardian for him, subject to his right, if fourteen years old, to choose his own guardian with the approval of the court. The legal rights of the parents to the control and custody of the child then cease. A guardian may likewise be appointed for a minor whose parents are not fit persons to have charge of him, and the court may direct the guardian to have the control of his person and the management of his estate. The parent or parents of a minor must receive proper personal notice before a guardian may be appointed. If a parent resides out of the state or his

11888, § 1743; from 1821, 319, § 6. Vid. p. 164.

'Fenn v. Bancroft et al., 49 Conn., 216.

§ 223; from 1864, May, c. 62, § 2. Vid. p. 268. Cf. § 217. § 221; from 1850, c. 38. Vid. p. 268.

residence is unknown, such notice must be given as the probate court orders.1

Until the revision of 1902, a guardian might be appointed for a minor whose father had deserted him, and the court might appoint the mother guardian.2

8

Any person having charge of a child under six, who exposes it in any place with the intention of abandoning it, is fined not more than $500 and imprisoned not more than five years. The same penalty is prescribed for enticing a child. under twelve, with the intent to detain it from the person having lawful custody of it. If the parents of a minor are living apart and one of them decoys or forcibly takes the child from the other with the intent to remove him from the state or, having so obtained possession, removes the child from the state, he is fined not more than $500 or imprisoned not more than three years.*

"On any complaint for a divorce, the court may at any time make any proper order as to the custody, care, and education of the children, and may at any time thereafter annul or vary such order." When a divorce has been granted on the complaint of a woman and no order made regarding the custody of the children, or when the parents of minor children are living separately because of the abandonment or cruelty of the husband, the superior court where one of the parties resides, may, on the complaint of the mother and due notice to the father, award the custody of the children to the mother for such time and under such regulations as it may deem proper. In controversies before the superior court between parents as to the custody of their children,

1§ 222; from 1874, c. 10.

2

* Cf. 1888, § 460; from 1856, c. 38. 3§§ 1158, 1159; from 1830, c. 1, §§ 20, 21. Vid. p. 166.

§ 1161; 1885, c. 52.

5 §§ 4558, 4559; from 1836-37, c. 41. Vid. p. 167.

the court may award the custody of the children to either parent upon prescribed conditions and limitations; and when the court is not actually in session, any judge thereof may, prior to any action of the court, issue reasonable orders for the care, custody and maintenance of such children while the case is pending. The orders in the latter case may be set aside by the court or by the judge when the court is not in session.1

One recent decision bearing on these laws has been handed down. In 1896 the court held that as the duty of supporting a needy minor rests first upon the father, if he is wrongfully deprived of the custody by the mother, she cannot pledge his credit to a third person who supports the child with knowledge of the facts. If, however, the mother's custody becomes lawful by an order of the court restraining her from interference pending her suit for divorce, the father's liability revives; and for the reasonable value of the support thereafter furnished, the third party may recover from him, especially if, as in the case before the court, the mother has no property and cannot earn the support.2

Any cruelty to a child under sixteen by those having custody and control of him may be punished by a fine of not more than $200, or by imprisonment for not more than six months, or by both. Any prosecuting officer of any court, any grand juror, or any officer of the Connecticut humane society may, upon reasonable information, apply to a

§ 4560; 1883, c. 28; 1885, c. 99.

'Shields v. O'Reilly, 68 Conn., 256.

§ 1160; 1897, c. 124, § 1.

In 1881 (S. A., pp. 241, 242) a charter was granted to the Connecticut humane society, one of whose objects is to prevent cruelty to children. The governor was authorized to appoint for not more than two years one or more persons designated by the directors to be officially known as the prosecuting officers of the Connecticut humane society, with the powers of grand jurors and of prosecuting attorneys in city courts. Fines collected through the efforts of the society were to accrue to its

judge of the superior court, court of common pleas, or district court for a warrant to search places reasonably described in the application, to ascertain whether any such offense is being committed therein.1

1

EMPLOYMENT AND EDUCATION LAWS

Any one who in any way encourages a child under twelve to take part in any sort of gymnastic or acrobatic performance, in riding or dancing, etc., in any immoral exhibition, or in any occupation injurious to health or dangerous to life or limb, is fined not more than $250, or imprisoned not more than one year, or both. This does not apply to employment as a singer or musician in a church or school, or in learning or teaching music.2

3

No child under fourteen may be employed in any mechanical, mercantile, or manufacturing establishment,* under pain of a fine of not more than $60 for each week of such employment. Any person who employs any child under fourteen while the school he should attend is in session, or permits such employment on premises controlled by him, is fined not more than $20 a week."

No minor under sixteen may be employed more than ten hours a day unless to secure a holiday, repair machinery, or

benefit. In 1887 (S. A., pp. 722, 723) the charter was amended so that the prosecuting officers should necessarily be reputable members of the Connecticut bar, and have the power of instituting complaints for the commitment of children to the girls' industrial school and to the county homes. The society was made responsible for damages caused by unreasonable or improper conduct of its officers or agents while claiming to execute official duties. The state appropriates not more than $2,000 annually for the use of the society (§ 2816; 1897, c. 173; from 1887, c. 88. Grants had been made each year after 1884).

§ 1495; 1897, c. 124, § 2. 313 before 1895, c. 118. 5 § 4706; cf. post, p. 448.

§ 1163; 1884. c. 99.

§ 4704; 1886, c. 124, § 1.

* § 2119; 1899, c. 41.