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

IL. All the costs incurred in any such
process against servant or apprentice, shall
be paid, in the FIRST instance by the CON-
Plainant, and il the complaint shall be sup
ported, the master may recover the amount
Of such costs in an action against the minor,
after he shall arrive at full age.
iS: lfany such apprentice or servant shall
be guilty OF any gross misbehavior, or refusal
to do his duty, or wilful neglect thereof, his
master may make complaint thereof 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.
| l9. After full hearing of the parties, or
of the complainant alone, if the adverse
parties neglect TO appear after being duly
notified, the magistrate, in case the COM
plant in sustained, may render Judgment
that the master be discharged from the con-
tract OF apprenticeship or service and for
the cost of the suit such costs to be re-
covered Of the paren. or guardian of the
minor, If there be one who executed the
contract, and execution therefor may be
issued accordingly: and if there be no parent
or guardian liable for such costs, the amount
thereof may be recovered in an action
against the minor, after he shall have arrived
at full age.
| 90 No contract Of apprenticeship or ser
vice made in pursuance of the foregoing
provisions Of this act, shall bind the minor
after the death Of his master, but the ap-
premiership or service shall be thenceforlh
discharged, and the minor may be bound
out anew.
81. Any contract of apprenticeship or
service made in pursuance of the foregoing
provisions Of this act, on behalf Of minor
may be made either with a woman or a
man, and all the foregoing provisions shall
apply as well 10 mistresses as to masters.
I %. ANY person who has attained the age
of twenty years, may bind himself or her.
| self, by written contract to serve another
in any art, trade, profession, or other en-
ployment, for any term moi exceeding five
iyears.
%. All engagements Of service contract
ed in foreign country to be executed in
this, unless the same be in contravention OF
the laws OF this, snail Il lie binding here :
Provided, however, tha, all such engage
mcnts made for longer period than len
years, shall be reduced to that limit, to
count from the day Of the arrival Of the
person bound in this kingdom.
"a. If any person lawfully bound to SER
vice, shall wilfully absent himself from such
service, without the leave Of his master,
any district or police justice Of the kingdom
upon complaint made under oath by the
master, or by any one on his behalf, may
issue warrant to apprehend such person
and bring him before the said justice and
| if the complaint shall be sustained, the
Justice shall order such offender TO be re-
stored to his master, and he shall be COM
PEELED to serve double the time Of his at1
sence, unless he shall make satisfactionto the
master for the loss and injury sustained by
such absence Provided, always, that such
additional term of service shall no, extend
beyond one year next after the end of the
original term of service.
25. If any such person shall refuse 10
serve according 10 the provisions OF the last
section, - the terms Of his contract, his
master may apply 10 any district or police
Justice, where he may reside, who shall be
authorized by warrant, or otherwise, TO send
for the person so refusing, and if such re-
fusal be persisted in, TO commit such per-
son to prison, there to remain at hard labor
until he will consent TO serve according to
law.
26 The Justices warrant or order, men,
toned in the ,wenty-fourth section Of this
act, when directed TO any officer or other
person by name, shall authorize him TO
convey the offender to the place Of re-
sdcnce Of the master, although it may be
in any other island in the kingdom.
q. All the costs incurred in any process
against servant under either the lwenty-
fourth or twenty-Gfth. sections Of this act
shall be paid in the FIRST instance by the
complainant and if the complaint shall be
sustained the master shall have judgment
and execution therefor against the offending
servant.
%. If any master shall be guilty Of any
cruelty, misusage or violation Of any Of the
terms Of the contract, towards any person
bound TO service either under the twenty
second or tweniy-,hird sections OF this act,
such person may make complaint TO. any
district or police justice, who shall summon
the parties before him, examine into, hear
and determine the complaint and If the
complaint shall be sustained, such person
shall be discharged from all obligations OF
service, and the master shall be fined in a
sum, not less than five nor exceeding one
hundred dollars, and in default Of the pay-|
ment thereof, be imprisoned at hard labor
until the same is paid.
90. No contract of service made in pur-
suance of the twenty-second or twenty third
sections of this act, shall bind the servant
after the death of his master: Provided,
however, that where servants shall be sol
hound by any company Of individuals, the |