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der the general issue, and give any special matter in evidence: And if upon such trial it shall appear to the jury who shall try the same cause, that the house so complained of is not a nuisance, it shall be their duty to acquit the defendant, and he shall be entitled to his costs.

SECT. 2. Be it further enacted, That any person or persons, who may be injured by any such nuisance, either in his comfort or the enjoyment of his estate, may have and maintain his special action on the case, for the injury and damage which he or they may sustain by reason of such nuisance; in which action it shall and may be lawful for the defendant to plead the general issue, and give any special matter in evidence. [March 4, 1800.] Further act-1801 ch. 16.

[blocks in formation]

An ACT for regulating the Alewive Fishery in the Gulf-Stream (so called) that Chap. 76. runs between the Towns of Scituate, in the County of Plymouth, and Cohasset, in the County of Norfolk. [March 4, 1800.] Repealed in part-1801 ch. 17.

An Act in addition to an Act, entitled, "An Act for the Incorporation of the Chap. 77. Trustees of the Charlestown Free Schools." [March 4, 1800.]

1792 ch. 83.

An ACT in addition to an Act, entitled, "An Act for the Support and Regulation Chap. 78.

of Mills."

1795 ch. 74.

The owner or occupant of a

mill-dam may tender money

save ex

to the owner of land flowed, to pense of a new of jury. And if the

SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the owner or occupant of any mill-dam may tender to the owner or occupant of such lands as may be flowed by the erection of such mill-dam, any sum of money instead of the yearly damages he may be entitled to receive from the owner or occupant of such mill-dam, by virtue of the Act to which this is an addition, within one month after the past year's damages shall have become due. And if the owner or occupant such lands shall not accept the same, but shall present a new complaint to obtain an increase of said damages, he shall not be entitled to costs thereon, unless he shall obtain an increase of the sum so tendered; any thing in said law to the contrary notwithstanding. SECT. 2. Be it further enacted, That the owner or occupant of lands so flowed may also offer the owner or occupant of such mill-dam, to receive of him any proportion of the sum established as his yearly damages, by reason of the said flowing, within one month after the past year's damages shall have become due. And if the owner or occupant of such mill-dam shall not agree to the same, but shall present a complaint to obtain a decrease of said damages, he shall not be entitled to costs thereon, unless he shall obtain a sum to be by him paid, as damages, less than the sum which the owner or occupant of such lands offered to receive of him.

SECT. 3. Be it further enacted, That no complaint shall be presented for an increase or decrease of said yearly damages, until the expiration of one month after the same shall have become due. [March 4, 1800.] Further add. act-1814 ch.

173.

owner or occu

pant does not accept the same, and does

not obtain increased dama

ges, he shall lose his costs.

The owner or occupant of

lands overflowed may

tender. Owner or oc

cupant of mills not accepting lose cost if he does not di

the same, to

minish the damages. Time of com

plaining for increase or de

crease of damages.

An ACT to incorporate certain Proprietors of Fresh Pond Meadows, in the Town Chap. 79. of Cambridge, in the County of Middlesex, for the purpose of draining said Meadows. [March 4, 1800.] Add. acts-1812 ch. 138: 1813 ch. 64.

Chap. 80.

Chap. 81.

Preamble.

Municipal

Court to be held monthly.

Court of the City of Boston."-1822 ch. 13.]

[* all crimes in the County

of Suffolk, not capital1812 ch. 133.] Power of the

An ACT to incorporate Ebenezer Beckford, and others, for the purpose of establishing an Iron Manufactory, and other Purposes therein mentioned. [March 4, 1800.] Add. act-1810 ch. 28.

An ACT to establish a Municipal Court in the Town of Boston. WHEREAS, from the peculiar situation and circumstances of the town of Boston, as a metropolis and great sea-port, the usual mode of enforcing the laws, and administering justice, in criminal cases, is attended with great delays, and burthensome

expenses:

SECT. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That there shall be holden, within and for the town of Boston, on the first Monday of every month, by such learned, able and discreet person as the Governor shall appoint and commission, pursuant to the Constitution, a court of justice, ["Municipal by the name of The Municipal Court for the Towns of Boston: That the same court shall have power to adjourn from day to day, and shall have cognizance of all crimes and offences committed within the town of Boston, which are now cognizable in the Court of General Sessions of the Peace;* and cognizance of all crimes and offences against the by-laws of the said town; of frauds, deceits, monopolies, forestalling, regrating, thefts and nuisances. And the said court shall have power to impose and administer all oaths necessary to the legal conviction and punishment of offenders; and to punish, at the reasonable discretion of the court, and in like manner as other courts may lawfully do, all contempts committed against the authority of the same. And the same court shall have power to appoint and remove its own clerks, who, when appointed, shall take such oaths as are by law provided to be taken by the clerks of other courts. And if it shall so happen that the judge of said court shall be unable to attend, from sickness or ized to adjourn any other cause, on any day upon which said court shall be in certain case. by law to be held, or to which said court shall stand adjourned, If or to an ear- it shall and may be lawful for the clerk of said court to adjourn lier time-1822 the same to the next stated term, by proclamation.

court.

Clerk author

ch. 13.]

Number of grand-jurors increased.

[+Altered

1800 ch.44: 1822 ch. 13.]

SECT. 2. And be it further enacted by the authority aforesaid, That the grand-jurors, annually chosen for the town of Boston, to serve in the Court of General Sessions of the Peace,t shall be increased to fifteen within said town, and shall be summoned to attend said Municipal Court, with all the powers and authority vested in grand-jurors by the Constitution. and Laws of this Commonwealth, and within the jurisdiction of said Municipal Court; and that the petit-jurorst who shall hereafter be appointed in the town of Boston, and returned to serve in the Court of General Sessions of the Peace, shall not be less than fifteen in number, whose duty it shall be to attend the said Municipal Court, and to serve in all cases where by law trial by jury is required, and until another petit-jury is appointed for the Court of Sessions; and the said petit-jurors Grand and pe- shall be summoned accordingly. And the said grand-jurors tit-jurors' pay. and petit-jurors shall receive, for their services in said Municipal Court, the like compensation, and in like manner as they by law are entitled to at the Court of Sessions.

Number of petit-jurors. Their duty.

ditional sum

treasury
1813 ch. 178.]

directed to the

SECT. 3. And be it further enacted, That the judge of said Compensation Municipal Court shall receive, in full compensation for the for the judge. discharge of the duties of his office, a stated annual salary, [And an adwhich shall be paid by said town of Boston,* and which from the State shall be voted and established at any meeting of the inhabitants legally assembled for that purpose, and which shall not be diminished during his continuance in office. And all fees taxed in said court for the clerk, witnesses and officers thereof, Court fees. and for all processes issuing from said court, and other court charges, shall be the same as by law are allowed in the Court of General Sessions of the Peace, in similar cases. And the precepts of the said Municipal Court shall be directed to and Precepts to be served by the sheriff of the county of Suffolk, by his deputies sheriff of Sufresiding within the town of Boston, and by the constables folk county, thereof respectively.§ And all prisoners who thall be arrested &c. Prisoners to be and ordered to be committed, by any sentence or judgment of confined in said Municipal Court, or who shall be ordered to be commit- Suffolk gaol. ted, either by the judge of said court, or by any Justice of the Peace, upon any complaint to take trial at the said court, shall and may be committed to the gaol of the said county of Suffolk, and there held until discharged by order of said court, or by order of the Supreme Judicial Court of this Commonwealth; and the keeper of the gaol for the said county of Suffolk is hereby directed and required to take the custody of the said prisoners accordingly.

officers -1800 ch.44.]

in any county

Town advo-
cate.
[To be ap-
pointed by the
Governor and
Council--1807
ch. 18.]

counted for.

tablished, and fees to be paid to the County Treasurer1821 ch. 104.]

SECT. 4. And be it further enacted, That the said town shall be allowed to choose annually some person learned in the law, to appear as an advocate in the same court, and to conduct the prosecutions therein; and the said town may allow him such compensation as to them shall appear reasonable; and the said judge shall tax such fees for said advocate, in the cases that shall be tried by said court, as the attorney-general for the Commonwealth, or the attorney for the county is or shall be allowed in the Court of General Sessions of the Peace; the said Fees to be acfees, when received by the advocate of said court, shall be accounted for to the town of Boston. Provided nevertheless, That [ Salary esall criminal prosecutions in the said court shall be under the management of the attorney or solicitor-general, when either of them shall be present, the appointment of such advocate by the town notwithstanding. SECT. 5. Be it further enacted, That all costs which may arise in any criminal prosecution in said Municipal Court, the judge of said court is hereby authorized and empowered to examine and tax, not exceeding, in any case, the fees stated by law; and such costs so taxed shall be paid out of the treasury of the county of Suffolk. And the clerk of said Municipal Clerk to deliCourt shall attest and deliver to the county-treasurer copies ver certain of all bills of cost allowed by the court, and certificates of all papers to fines and forfeitures imposed and accruing to the county afore- surer. said, or to the Commonwealth, either before the rising of said court, or as soon after as may be. And the clerk of said Penalty for Municipal Court, and all sheriffs, deputy-sheriffs, coroners and withholding constables, who may hereafter receive any fines, forfeitures, or to the Combills of costs, in pursuance of the judgment or sentence of said monwealth.

Costs of criminal prosecu

tion.

county-trea

fines belonging

Chap. 80.

Chap. 81.

Preamble.

Municipal

Court to be

held monthly.

["Municipal Court of the City of Boston."-1822 ch. 13.]

[* all crimes in the County of Suffolk, not capital1812 ch. 133.]

An ACT to incorporate Ebenezer Beckford, and others, for the purpose of establishing an Iron Manufactory, and other Purposes therein mentioned. [March 4, 1800.] Add. act-1810 ch. 28.

An ACT to establish a Municipal Court in the Town of Boston. WHEREAS, from the peculiar situation and circumstances of the town of Boston, as a metropolis and great sea-port, the usual mode of enforcing the laws, and administering justice, in criminal cases, is attended with great delays, and burthensome

expenses:

SECT. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That there shall be holden, within and for the town of Boston, on the first Monday of every month, by such learned, able and discreet person as the Governor shall appoint and commission, pursuant to the Constitution, a court of justice, by the name of The Municipal Court for the Town§ of Boston: That the same court shall have power to adjourn from day to day, and shall have cognizance of all crimes and offences. committed within the town of Boston, which are now cognizable in the Court of General Sessions of the Peace;* and cognizance of all crimes and offences against the by-laws of the said town; of frauds, deceits, monopolies, forestalling, regrating, thefts and nuisances. And the said court shall have power to impose and administer all oaths necessary to the legal conviction and punishment of offenders; and to punish, at the reasonable discretion of the court, and in like manner as other courts may lawfully do, all contempts committed against the authority of the same. And the same court shall have power to appoint and remove its own clerks, who, when appointed, shall take such oaths as are by law provided to be taken by the clerks of other courts. And if it shall so happen that the judge of said court shall be unable to attend, from sickness or ized to adjourn any other cause, on any day upon which said court shall be in certain case. by law to be held, or to which said court shall stand adjourned, If or to an ear- it shall and may be lawful for the clerk of said court to adjourn lier time-1822 the same to the next stated term, by proclamation.

Power of the court.

[graphic]
[graphic]

Court fees.

directed to the

SECT. 3. And be it further enacted, That the judge of said Compensation Municipal Court shall receive, in full compensation for the for the judge. discharge of the duties of his office, a stated annual salary, And an adwhich shall be paid by said town of Boston,* and which from the State shall be voted and established at any meeting of the inhabitants treasury legally assembled for that purpose, and which shall not be di- 1813 ch. 178.] minished during his continuance in office. And all fees taxed in said court for the clerk, witnesses and officers thereof, and for all processes issuing from said court, and other court charges, shall be the same as by law are allowed in the Court of General Sessions of the Peace, in similar cases. And the precepts of the said Municipal Court shall be directed to and Precepts to be served by the sheriff of the county of Suffolk, by his deputies sheriff of Sufresiding within the town of Boston, and by the constables folk county, thereof respectively. And all prisoners who thall be arrested Prisoners to be and ordered to be committed, by any sentence or judgment of confined in said Municipal Court, or who shall be ordered to be commit- Suffolk gaol. [All ted, either by the judge of said court, or by any Justice of the Peace, upon any complaint to take trial at the said court, shall and may be committed to the gaol of the said county of Suffolk, and there held until discharged by order of said court, or by order of the Supreme Judicial Court of this Commonwealth; and the keeper of the gaol for the said county of Suffolk is hereby directed and required to take the custody of the said prisoners accordingly.

&c.

officers -1800 ch. 44.]

in any county

Town advocate.

ch. 18.]

SECT. 4. And be it further enacted, That the said town shall be allowed to choose annually some person learned in the law, to appear as an advocate in the same court, and to conduct the [To be appointed by the prosecutions therein; and the said town may allow him such Governor and compensation as to them shall appear reasonable; and the said Council--1807 judge shall tax such fees for said advocate, in the cases that shall be tried by said court, as the attorney-general for the Commonwealth, or the attorney for the county is or shall be allowed in the Court of General Sessions of the Peace; the said Fees to be acfees, when received by the advocate of said court, shall be accounted for to the town of Boston. Provided nevertheless, That all criminal prosecutions ie said court shall be under the management of the atto plicitor-general, when either of them shall be present tment of such advocate by the ithstandi

acted, That all costs which may
ution in said Municipal Court, the
reby authorized and empowered to
eeding, in any the fees stated by
taxed shall be
And the

counted for.

[ Salary established, and fees to be paid to the County Treasurer1821 ch. 104.]

Costs of criminal prosecu

tion.

treasury Municipal Clerk to delier copies ver certain ates of all papers to

unty aforeising of said clerk of said fs, coroners and nes, forfeitures, or or sentence of said

county-trea

surer.

Penalty for withholding fines belonging to the Commonwealth.

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