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Written notice

tition fence.

payment being made, the person or persons making such payment shall be entitled to the owners hip of one half of such fence.

SEC. 4. It shall be the duty of any person or persons concerning par-making a partition fence within any enclosure, to give written notice to the person or persons owning the adjoining lots or farms, and who will become interested in such partition fence, of his, her, or their intentionto make such fence, and also to give such person or persons a reasonable time to make their proportion of such partition fence.

Farms fenced within an enclosure.

SEC. 5. Nothing herein contained shall be so construed as to prohibit any person or persons owning a lot or farm in any enclosure, from enclosing such lot or farm to itself, and on such enclosing fence being made to the satisfaction of the committee or persons appointed to review the fences of such joint enclosure, the person or persons enclosing such lot or farm, shall not be held responsible for the outside fence of such joint enclosure. Approved March 3d, 1852.

Cutting grass

AN ACT DEFINING WHAT MAY BE TRESPASS
AND DAMAGE.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That if any person or On another's persons, shall cut grass for hay on any land belonging to another person or persons, without his, or their consent, an action of trespass may be had against such offender, and damages recovered by process of law.

land.

Cutting timber

sessi› n.

SEC. 2. If any person shall cut or haul off timber on anothers po-from the possessions of another person without his or their consent, an action of trespass and damage, may be had against such offender.

Property taken publickly.

SEC. 3. If any person shall take any species of property belonging to another, publicly, but without the consent of the owner, an action of trespass may be had against such offender, and damages recovered by law.

sure...

SEC. 4. If any person shall ride acress, or drive a wag-Crossing enclo gon through a field of grain, or over any enclosed ground," belonging to another person, an action of trespass may be had against such offender, and all damages recovered.

SEC. 5. If any person shall drive through, or lay down a fence, belonging to another person, and shall fail to put fances. Laying down the same up, such offender shall be liable for all damages, to be recovered under an action of trespass.

SEC. 6. An action for damages may be sustained; first, Damaged profor goods stored or property in the possession of anotherperty. person, that may be damaged while in such possession.

SEC. 7. That if any person or persons, after there shallInfringing uphave been a division of water, lawfully made in any counon rights in regard to water. ty or precinct in this Territory, for irrigation or other purposes, shall in any way infringe upon the rights of any person or persons, they shall be liable in an action of trespass to the parties damaged; and liable to be fined at the discretion of the court having jurisdiction.

SEC. 8. That all damage done to fruit or shade trees, Injury of fruit in or around enclosures, or lots, by careless driving, or the and shade trees tying up of cattle or horses, or any needless destruction

of any

such shade or fruit trees, shall be considered a trespass, and such person or persons shall be liable for damage and fine according to the discretion of the Court having jurisdiction.

Approved March 3, 1852.

AN ACT CONCERNING MASTERS AN DAPPREN-
TICES.

Any minor

may be

SEC. 1. Be it enacted by the Governor and Legilative Assembly of the Territory of Utah, That any minor child may be bound to service until the attainment of the age ofchild legal majority; such binding must be by written indenture, specifying the terms of agreement, age of the minor (ifIndenture. known,) and shall moreover be signed by the minor if

bound.

dren.

over twelve years of age. Nothing herein shall be so construed as to prevent the Select men or Probate Idle, vicious, or Court from binding out any idle, vicious or vagrant vagrant child- minor child without his or her consent, or the consent of the Parent or Guardian of such minor child, if such Parent or Guardian neglects, refuses, or otherwise fails in properly controlling the actions and education of such minor, and does not train him or her up in some useful avocation.

Sel ct men

may bind out

SEC. 2. It is hereby made the duty of the Select men minor children.to look after, and take notice of all such cases, and when they shall find the minor child incorrigable, and the Parents unable, unwilling, or negligent as hereinbefore mentioned, bind him or her out to some suitable person to be trained to some useful vocation.

Powers of master.

Who may

watch over the

minor.

SEC. 3. The powers, liabilities and duties of master, and the rights of the apprentice, are the same as those of Parent and child respectively, except as to inheritance, and except as is otherwise provided by law.

SEC. 4. The Parent, Guardian, or officer, by whose interests of the act or consent any minor is thus bound, must watch over the interest of the minor so bound, and take measures for his, or her relief, whenever circumstances shall justify or the true interest of the minor child shall require.

Apprentices

may be dischar-.

SEC. 5. If the master shall illtreat his apprentice, or ged if ill treatedin any manner palpably fail in the discharge of his duties in regard to said apprentice, the said apprentice may be discharged from further service, and may moreover recover damages, and compensation for services.

Duty of master

SEC. 6. It shall be the duty of the master to correct and teach such minor child to observe the principles of good order and industry, and train him or her to some useful avocation. And it is hereby made the duty of such minor child to observe obedience to, and respect for, the requirements of the master. But if the apprentice bound as aforesaid, shall refuse to serve according to the terms of the indenture, or grossly misbehave, and the master shall be incapable or unable to influence or control such Mastersmay apprentice, he may be discharged from further obligations prentices for or liability, at the discretion of the court; and in the event

Duty of appren

tice.

discharge ap

of a dissolution, the apprentice shall receive such allow-bad conduct. ance for service previously rendered as may be considered just under the circumstances of the case.

al dissolves the

SEC. 7. The death of the master, or his removal from Death or removthe Territory, works a dissolution of the indentures, un-indenture. less otherwise provided therein, or unless the apprentice shall elect to continue in his service.

ies end states.

SEC. 8. Any person, apprentice or servant, who shall Agreements in have so elected, or agreed to render service in any other other territerTeroitory, State or Country, shall come under the same regulations and requirements as herein provided; all such agreements or indentures for services being held as inviolate and binding, as if they had been entered into, and executed within this Territory.

of minor child

SEC. 9. If from habitual intemperance, and vicious, Guardianship and brutal conduct, or from vicious, brutal, and criminal' conduct towards said minor child, the parent of the same shall be considered an unsuitable person to retain the guardianship, or control the education of said child, the Judge of Probate Court or Select men may appoint a suitable person to be the guardian of such child, and may, if deemed expedient, also cause said minor child to be bound as an apprentice to some suitable person, during his or her minority. Nothing herein shall be so construed as to take such minor child, if either the father or mother be a proper guardian.

Indentures

SEC. 10. The strict observance of the provisions of,, the indentures on the part of the master and apprenticemust be strictmust be considered essential to entitle either party to thely observed. benefits arising under the provisions of this act, and the Select men or the Probate Court shall enquire into such observance before either, awarding compensation or damages, or otherwise discharging or releasing either party from the requirements of such indentures, or the provisions of law in such cases made and provided. Nothing herein contained shall be so construed as to effect a release of either party from service or obligation, as the case may be, where the agreement or indentures have been entered into in any foreign State or country, or in this Territory for a longer period.

Minor child to be sent to

school.

SEC. 11. The master shall send the said minor child to school between the ages of six and sixteen, three months in each year if there be a school in the district or vicinity; and at all times, and in all cases the master shall clothe the minor child in a comfortable and becoming

manner.

Approved Feb. 7th, 1852.

Period of min ority.

Contracts of minors.

Cases in which

disaffirm.

AN ACT IN RELATION TO MINORS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the period of minority extends in males to the age of twenty-one years; and in females to that of eighteen years; but all minors obtain their majority by marriage.

SEC. 2. A minor is bound, not only by contracts for necessaries, but also by his other contracts, unless he disaffirms them within a reasonable time after he attains his majority, and restores to the other party all money or property received by him by virtue of said contract, and remaining within his control at any time after attaining his majority.

SEC 3. No contract can be thus disaffirmed in cases minors cannot where on account of the minors own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reason to believe the minor capable of contracting.

SEC. When a contract for the personal services of a Contracts for minor has been made with him alone, and those services the personal ervices of mi-are afterwards performed, payment made therefor to such minor in accordance with the terms of the contract, is a full satisfaction for those services, and the parent or guardian cannot recover therefor a second time.

Rora.

Approved Feb. 6, 1852.

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