and that the master shall pay all damages sustained by the minor from such neglect, cruelty or breach of covenant, and costs; but if said complaint is not sustained, the justice shall award costs to the respondent; and in either case execution may issue therefor.

SEC. 9. If any apprentice shall be guilty of any gross misbehavior, wilful neglect or refusal of his duty, and shall persist therein after being suitably remonstrated with by his master, the master may make complaint thereof to any justice, who, after duly notifying said apprentice and all persons covenanting in his behalf, shall hear and determine such complaint, and render judgment that the master be discharged from the indenture, and recover costs against the said parent, guardian or minor, or that costs shall be taxed for the respondent; and in either case execution may be issued accordingly.

SEC. 10. If any apprentice shall strike or use any personal violence towards his master, any justice, upon complaint, notice and hearing of the parties, shall render judgment against such parent, guardian or minor for all damages sustained, and for costs, and may issue execution therefor, and, if the master chooses, shall adjudge the indenture to be void; otherwise, for the respondent for his costs, and may issue his execution therefor against said master. SEC. 11. If any apprentice shall depart from the service of his said master, without leave or sufficient cause, the master may empower any person (by giving public notice thereof) to apprehend and bring back such apprentice to the place of his duty; and all necessary expenses incurred therein, and all reasonable damage sustained, shall be recovered by said master of the parent or guardian of such apprentice, and if paid by a guardian, shall be proper charge in his guardianship account.

SEC. 12. If any person shall entice or persuade away any such apprentice from the service of his master, or secrete, convey or send off any apprentice either by sea or land, or in any way cause any apprentice to leave the service of his said master, such person shall make good all damages to said master, and be punished by fine not less than five nor more than one hundred dollars.

SEC. 13. If any master shall neglect to teach or cause to be taught to any apprentice the art, trade or profession he was bound to teach, or to fulfil any part of his contract, he shall pay to such apprentice, after he shall become of age, all damage sustained by reason of such neglect.

TITLE XIX.

OF PROBATE AND THE ESTATES OF DECEASED PERSONS.

CHAPTER 161. Of judges of probate and their jurisdiction.
CHAPTER 162. Of registers of probate.
CHAPTER 163.

Of times and places of holding courts of probate. CHAPTER 164. Of citations and notice.

CHAPTER 168.

Of inventory and accounts.

CHAPTER 169. Of embezzlements.

CHAPTER 170.

CHAPTER 171.
CHAPTER 172.

Of suits by and against administrators.
Of insolvent estates.

Of appeal from commissioners.

CHAPTER 173. Of license to sell real estate.

CHAPTER 174.

CHAPTER 175.

Of conveyance of real estate when wife is insane.
Of widow's allowance, dower and distributive
shares.

CHAPTER 176. Of descent, distribution and advancements.
CHAPTER 177. Of division of estates among heirs.

CHAPTER 178. Of trustees of estates.

CHAPTER 179. Of bonds to the judge of probate and suits.
CHAPTER 180. Of appeals from the court of probate.

SECTION 1. All proceedings in the court of probate shall be commenced by petition to the judge, briefly setting forth the ground of the application.

SEC. 2. The words " judge " or " judge of probate," in this title, shall be construed to mean the judge of probate for the county to whom the jurisdiction of the subject matter belongs.

SEC. 3. Every judge of probate in his county has jurisdiction of the probate of wills and of granting administration, and of all matters and things of probate jurisdiction relating to the sale, settlement and final distribution of the estates of deceased persons.

SEC. 4. Such judge shall have jurisdiction in relation to the appointment and removal of guardians of minors, insane persons and spendthrifts, and in relation to the duties by law imposed on such guardians, and the management and disposition of the estates of their wards.

SEC. 5. He shall exercise original jurisdiction in relation to trustees appointed by will, in the cases prescribed by law.

SEC. 6. He may exercise jurisdiction of all petitions for partition of real estate, in cases where no dispute shall exist in relation to the title thereof.

SEC. 7. The probate of the will and the granting of administration of the estate of any person deceased, shall belong to the judge of probate for the county in which such person was last an inhabitant; but if such person was not an inhabitant of this State, the same shall belong to the judge of probate for any county in which such person had estate.

SEC. 8. All proceedings in relation to the settlement of the estate of any person deceased, shall be had in the probate court of the county in which his will was proved, or administration of his estate was granted.

SEC. 9. All proceedings in relation to the property or estate of any person under guardianship shall be had in the court of probate of the county in which the guardian was appointed.

SEC. 10. No judge of probate shall act as such in the settlement of any estate wherein he is interested as heir or legatee, executor or administrator, or as guardian or trustee of any person.

SEC. 11. In every such case, the judge of probate of any adjoining county shall have jurisdiction, and it shall be his duty, upon application, to attend at some term of the court of probate in which such case may be pending, which shall not interfere with his duties in his own county, and hear and determine such case.

SEC. 12. The records in such case shall be kept, and appeals shall be claimed and allowed, in the county where such case may be pending.

SEC. 13. Such judge of probate shall be allowed three dollars for each day he may be employed in attending such court, and a reasonable compensation for his travel and expenses, which shall be paid by the executor, administrator, guardian or trustee of the estate in relation to which such case may arise, and shall be allowed him on settlement of his account.

SEC. 14. The judge may attend at the dwelling house or in the neighborhood of the residence of any administrator, guardian, trustee or other person who shall be unable, by reason of sickness or other sufficient cause, to attend the court of probate at the time and place appointed by law, in any case in which the personal attendance of such person is required.

SEC. 15. Such judge shall be allowed a suitable compensation for such service and for his expenses, to be paid out of the estate to which such proceeding may relate..

SEC. 16. The judge may adjourn his court for the trial and decision of any matter pending before him, to any convenient time and place.

SEC. 17. The deposition of any witness or other person who may be required to be sworn before the judge, and who shall live out of the State or more than ten miles from the place of holding the court, or who shall be unable to appear and testify by reason of infirmity or other sufficient cause, may be taken before any person duly authorized by such judge.

SEC. 18. All sheriffs, deputy sheriffs and constables are required to serve and execute any legal process to them directed by a judge of probate.

SEC. 19. The court of probate shall be deemed for all purposes a court of record.

SECTION 1. Every county in this State that has not a fireproof safe belonging to the same, shall provide a suitable fireproof safe for all records, files and papers of the county, at some suitable place in such county, within one year from the first day of January next; and it shall be the duty of the court of common pleas to appropriate the money necessary for that purpose in all counties destitute of such safe.

SEC. 2. Where any county shall have provided a suitable office with a fire-proof safe, the office of the register of probate, with all the books, records, files and papers belonging thereto, shall be kept therein, and such office shall be kept open daily, Sundays excepted.

SEC. 3. The office of register of probate for the county of Merrimack, with all the records pertaining thereto, shall be kept at Concord in said county.

SEC. 4. No register of probate shall be appointed an appraiser or commissioner, on any estate under administration in the court of probate of which he is register.

SEC. 5. The register of probate in each county in this State shall furnish to all appraisers suitable blanks on which to make their returns, so prepared that estates may be classed under the following heads, to wit;

Real estate;

Cash on hand;

Stock in trade;

Stock in banks and other corporations;

Bonds, notes, and other written evidences of debts;

Live stock;

And it shall be the duty of appraisers to class the different articles of the estate under the respective heads, and foot up the amount of each class. (Laws of 1849, chap. 840, sec. 1.)

SEC. 6. Registers of probate shall record, in suitable books prepared for that purpose, the amount or footing of each class of property, as specified in the inventory under the several classes aforesaid; also all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, divisions and appointments from which an appeal may be claimed. (Laws of 1849, chap. 840, sec. 2.)

SEC. 7. The salaries by law allowed to registers of probate shall be in full compensation for all services which by law they ought to perform in their office, and shall be paid upon furnishing the governor a certificate from the judge annually, on the first day of January, that the records of their courts are made according to law. (R. S., sec. 6.)