Stat. 1785, c. 46, s. 15. In the case of consta In the case of constables and collectors; if such constable or collector, during the process of outlawry, shall surrender himself and confess the charge, or settle the bles and collectors. assessments, and pay the rates and taxes in his hands; no further process shall be had against him, except judgment for costs, which he shall be holden to pay. Stat. 1777, s. 8. 3 Vol. stat. Thomas's So if, after judgment of outlawry, such collector shall surrender himself, and settle the same assessments, and pay the rates, &c. and costs of the process last aforesaid; Ed. Append. p. 222. and if such settlement, &c. shall be recorded in the S. J. C.; such record shall be construed to operate as a reversal of the outlawry. In the case of treason; if the party to be outlawed, shall, within one year next after the outlawry pronounced, or judgment given upon the outlawry, yield himself unto the chief justice of the state, for the time being, and offer to traverse the indictment whereupon the outlawry shall be pronounced; then he shall be received to the said traverse, and being thereupon found not guilty, by the verdict of twelve good and lawful men, he shall be clearly acquitted and discharged of the outlawry, and of all penalties and forfeitures by reason of the same, in as large and ample manner and form, as though no such outlawry had been made. And where, after such outlawry, the party outlawed shall come in and be tried, he shall upon such trial, have the full benefit of the act. In the case of treason. TITLE CXI. Stat. 1783, c. 1^, s. 2. Power of assessors and committees. When meetings may be called for filling vacancies. Ibid. Power of the moderator. OF PARISH AND PRECINCT. 1. Or parish meetings. 2. Of the choice of parish officers. 3. Of the power of parishes to raise money by taxation. 4. Of their power as corporations. 5. Of the division of towns into parishes; and how far their contracts are affected thereby. I. Of parish meetings. By statute it is enacted, that assessors of precincts or parishes shall be empowered to manage their prudentials, unless a committee shall specially be appointed for that purpose, which any precinct or parish is empowered to choose, if they think proper; and the said committee, where any such shall be chosen, and the assessors, where no such committee shall be appointed, shall have like power and authority, in all respects, for calling parish or precinct-meetings, as selectmen by law have for calling town-meetings; and in case of a vacancy in any parish or precinct-office chosen in March or April, the same vacancy may be filled at a parish or precinct meeting, regularly notified, at any other season of the year. And the moderator of a parish or precinct meeting shall have the like power and authority in governing the meeting, as the like officer has, by law, in governing a town-meeting; and persons misbehaving in parish or precinct-meetings shall be subjected to similar punishments, to the use of the parish or precinct, as persons misbehaving in town-meetings; and the penalties to be recovered in the same manner. And the moderator, in Warrants for calling case no justice of the peace is present, may also adminis- Justices empowered certain cases. And in case the assessors shall unreasonably refuse to bid. call a meeting, or a parish or precinct shall have no assessors within it, to call one, or not a major part of the to call meetings in assessors or committee, which any parish may agree upon to be chosen, any justice of the peace for the same county, upon the application of ten or more of the voters in the parish or precinct, may call a meeting, in the same manner as a justice of the peace is, by law, authorized to call a town-meeting. II. Of the choice of parish officers. Ibid. s. 1. Who are qualified Time of meeting. The inhabitants of each respective parish and precinct, who shall pay in one tax, exclusive of the poll or polls, a sum equal to two thirds of a single poll tax, shall, in voters. the month of March or April, annually, meet and assemble together at such time and place, in the same parish or precinct, as they shall be notified to attend by the collector thereof, or such other person as the assessors thereof shall appoint to notify the same. Ibid. Mole of voting. And the said inhabitants shall, then and there, by a major vote, by ballot, or such other method as they may determine convenient, choose a clerk, who shall be under what officers they oath truly to record all votes passed in the same, or any other regular meeting of the corporation, during the time he shall remain in office; two or more able and ju may choose. dicious persons for assessors, a treasurer, collector and other usual parish or precinct officers. III. Of the power of parishes to raise money by taxation. The qualified voters of any parish or precinct, at the annual meeting in March or April, or at any other parish or precinct-meeting regularly notified, at least seven days before the holding thereof, may grant and vote such sum or sums of money as they shall judge necessary for the settlement, maintenance and support of ministers or public teachers of religion, for the building or repairing of houses of public worship, and all other necessary parish or precinct charges, to be assessed on the polls and property within the same, as is by law provided. (1) IV. Of their power as corporations. The inhabitants of each respective parish and precinct are a body corporate, and, as such, may commence and prosecute any action or suit to final judgment and execution, in any court proper to hear and determine the same; and may also defend any suit or action which may be brought against them; for which purposes they may constitute one or more agents or attorneys, in the same manner as towns may constitute and appoint agents; and the evidence of their appointment may be ascertained in the same manner. V. Of the division of towns into parishes; and how far their contracts are affected thereby. When any town or district, consisting of but one parish only, has been or shall be divided into two or more (1) The records of a parish, as to grants of money, may be contradicted; and falsified by parol evidence. Bangs v. Snow et al. 1 Mass. Rep. 181. Parishes have no authority to grant moneys, except for settling ministers and building houses of public worship, and for purposes necessarily connected with those objects. Ibid. precincts or parishes, any engagements or contracts entered into by such town or district, before such division, of a precinct or parochial nature soiely, shall not, by such division, be considered as released, cancelled or extinguished; but the same shall remain in full force, and be obligatory on the inhabitants residing, and the estates lying within the limits of the first parish or precinct of the same town or district, who shall be deemed and taken as successors to the town or district, so far as relates to precinct or parochial agreements and contracts, to every intent and purpose whatever. Provided always, that all debts of a precinct or parochial nature, that are or shall be in fact due and owing from any town or district, before a division thereof into precincts or parishes, for services or other matters actually done and performed, for the general benefit of the persons who shall after be included in each of the precincts or parishes, shall, in no respect, be altered or devolved upon the first parish or precinct, as the successors of the said town or district, in its precinct or parochial capacity. In all such towns or districts, where one or more parishes or precincts shall be regularly set off from such towns or districts, the remaining part of such town or district is deemed an entire, perfect and distinct parish or precinct, and shall be considered as the principal, or first parish or precinct. Ibid. s. 5. |