Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-09-21
Bp AUTHOR ritp.

AN ACT
FOR THE GOVERNMENT OF MAS
TERS AND SERVANTS. ps 10
Be It enacted by the House of Mobiles and
Representatives. of the Hawaiian Islands, in
Legislative Council .asssmbIed a
l. There are two kinds Of servants in
this kingdom, viz: seiat
a. Apprentices, that is, those engaged
TO serve any one in order to learn some art,
trade, profession, or other employment.
~ Those who engage to serve by the
day, week, month, year or other fixed time,
in consideration Of certain wages.
2. All minors above the age of ten years,
may be bound as apprentices or servants,
if females, to the age Of eighteen years, or
to the time Of their marriage within that
age, and if males, TO the age Of twenty years,
in the manner following:
a. BY the father Of such minor If he
be dead, or be incompetent so to do from
lunacy, idiocy, habitual drunkenness or other
cause, or if he shall have abandoned and
neglected 10 provide for his family, then,
IT, By the mother: if the mother be
u,
(3.) By the guardian Of such minor, duly
appointed. II such minor have no parent
living, or none competent to bind or appren-
tice him or her, and there be no guardian,
then,
(4.) By the governor of the island in
which such minor shall reside.
8. No minor shall be bound as aforesaid
unless by contract Of two parts, signed
and delivered by both parties and one par,
shall be kept for the use OF the minor by his
father, mother, guardian or the governor.
4. Every contract for the binding out OF
any minor as aforesaid, shall contain an
agreement on the part of the person to
whom such minor shall be bound, that he
will cause such minor to be instructed 10
read and write, and if male, will cause
him 10 be further instructed in the general
rules. Of arithmetic.
5. The age of every minor shall be in
serted in the contract, and shall be taken
to be the true age, without further proof
thereof.
6. All considerations of money or other
things, paid or allowed by the master, upon
any contract Of apprenticeship, made in
pursuance of the foregoing provisions of this
act, shall be paid or secured to the sole use
Of the minor thereby bound.
z. Parents, guardians, and the governors
of the respective islands shall enquire into
the treatment of minors bound by them re-
spectively, and of all who shall have been
bound by their predecessors in office, and
defend them from all cruelty, neglect, mis-
usage, or breach Of contract, on the part Of
their master.
8. If any master shall be guilty Of any
cruelty, misusage, or violation of the terms
of the contract, towards any minor so bound,
a complaint may be made by the father,
mother, guardian, governor or minor, TO any
local circuit or district justice of the island
in which said master shall reside, who shall
have all the requisite powers for hearing and
determining such complaint.
9. After full hearing of the parties, or
of the complainant, if the master shall neglect
to appear after being duly notified, the mag
isirale, in case The complaint is sustained,
may render judgment that the minor be
discharged from his apprenticeship, and for
the costs Of The suit against the master, and
may issue execution accordingly.
10. If it shall appear that the complaint
was made without any just or reasonable
cause, the magistrate may award costs for
the master against the complainant, and issue
execution accordingly.
IL. Every master shall moreover be
liable, whether such complaint be fled or
not, to an action on the contract, for the
breach of any covenant on his part therein
contained, and all damageorecovered in
such action shall be the property Of the
minor.
IL. Such action may be brought either
by the parent, guardian or governor or their
successors in the trust of the minor, or by the
minor himself, after the expiration of the
term Of apprenticeship or service.
Is. No such action shall be maintained
unless it be commenced during the term Of
or service, or within two
years after the expiration thereof.
ID. If Judgment in such action, brought
during the term of service or apprenticeship,
shall be rendered in favor Of the plaintiff,
the magistrate may upon motion Of the
plaintiff discharge the minor from his ap-
or service.
Is. II any apprentice or servant bound
as aforesaid shall, without just cause, depart
from the service of his master, any district
or police justice of the kingdom, upon COM
plant made under oath by the master, or by
any one on his behalf, may issue warrant
10 apprelieud the apprentice or servant and
bring him before tue said justice and il the
complaint shall be supported, the justice
shall order The offender 10 be restored TO his
master, and he shall be compelled 10 serve
double The time of his absence, unless he
shall make satisfaction for the loss and IN
Jury sustained by such absence: Provided,
however, that such additional term of SER
vice shall not extend beyond one year next
after the end of the original term Of service.