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be) arising from such sale, beyond satisfying the contents of the Disposal of sur- execution and necessary intervening charges, the officer shall plus money.

pay the debtor, or deposit the same with the treasurer or cashier of the corporation, for the benefit of the debtor, and subject to his order.

Sect. 4. Be it further enacted, That whenever an officer, Clerk or cash. having a writ of attachment or execution against any person inier to give cer- terested in any such company, shall exhibit to the clerk or tificates, of

cashier thereof such writ or execution, and request a certifi&c. shares, held by deb cate from him of the number of shares or amount of interest tors, on request owned by the debtor in such company, it shall be the duty of of officer holding a writ

such clerk or cashier to give the said officer a certificate of the number of shares or amount of interest holden and owned by the debtor in such company, and therein express the num

bers or other marks by which such shares or interest are dison penalty of tinguished; and in case such clerk or cashier shall refuse to paying the judgment.

make and deliver to the officer such certificate, or shall wilfully make and deliver a false certificate therenf, such clerk or cashier shall be liable to pay to the creditor the full contents of such execution, and the contents of the judgment which may be recovered by the plaintiff in such writ of attachment; and the same may be recovered by the judgment creditor in an action

of debt, in any court proper to try the same. Shares to be

Sect. 5. Be it further enacted, That the shares and interest, attached according to this held by any person or persons in any such company as aforeAct only. said, may be attached on mesne process and taken and sold on

execution in the manner provided by this Act, and no other, any thing in the Act incorporating such company to the contrary

notwithstanding. Surplus money

Sect. 6. Be it further enacted, That whenever an officer may go to sa- shall have in his hands any money arising from the sale of such tisfy another execution.

shares or interests, or from the sale of any equity of redemption, or personal property, more than sufficient to satisfy the execution or executions on which such shares or interests, equity of redemption or personal property, were taken and sold, such officer shall apply the same surplus money, or such part thereof as may be necessary, to the payment of any other execution which he may have in his hands unsatisfied against the same debtor, or which may be delivered to him before he shall have paid over such surplus money, any thing in this or

any other law of this Commonwealth to the countrary notwithProviso. standing. Provided however, That if such share or interest,

equity of redemption, or personal property, shall, before such sale, have been attached on mesne process other than that on which such execution shall have issued, or shall have been taken on some other execution, and the said officer is duly notified thereof, he shall hold such surplus monies, subject to such attachment or execution, and shall apply the same to the payment of the execution which may issue on the judgment that

be rendered on such mesne process, and delivered to him within thirty days after he rendition of such judgment, or to the payment of the execution by which such shares or interest, equity of redemption, or personal property, had been taken,

1819 ch. 87.

may

ed.

according to the priority, in regard to time, of such attachment, or taking in execution. [March 8, 1805.] Add. act-1819 ch. 87. An Act for the Protection of the Indians and their Property, in that part of Dukes Chap. 84.. County known by the name of Christian Town.

WHEREAS many persons who are unmindful of the moral obligations, which they owe to society, have taken undue advantages of said Indians : For the remedy whereof,

Sect. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That his Excellency the Governor, by and with the advice and Two guardians

to be appointconsent of Council, be, and he hereby is authorized and empowered to appoint two good and discreet men as guardians, to have the care and oversight of said Indians and of their property, with full power to superintend the same.

Sect. 2. Be it further enacted, That from and after the Deeds, &c. passing of this Act, all deeds, bargains, sales, releases, quit- void, unless claims, or any conveyance whatsoever, that any person shall or the guardians. may obtain in any way of any person or persons, of any lands, tenements or hereditaments, which do or shall hereafter be- [*Guardians? long to any of said Indians, as well for any term of years or consent no forever, shall be utterly void and of none effect, excepting such longer sultideeds, leases or other conveyances as shall first be examined, sent of legislaapproved and confirmed by said guardians.*

ture requisite-

1817 ch.99.) Sect. 3. Be it further enacted, That from and after the passing of this Act, no bond, bill or other specialty in writing, No bill to be or any contract whatever, nor any book account, or verbal con- good unless aptract, or promise for the payment of money, shall be deemed guardianx.the good and recoverable, against any of the said Indians, if the same shall exceed the sum of four dollars, unless such bill, bond, specialty or verbal contract shall be approved by one at least of said guardians. Sect. 4. Be it further enacted, That nothing in this Act

Existing conshall be construed in anywise to affect any existing contract or tracts, &c. not any action that shall be pending in any court at the time of the affected. passing of this Act. (March 8, 1805.] Add. act—1817 ch.99. An act determining the Times and Places for holding the several Courts of Common Chap. 85.

Pleas within and for the County of York. (March 3, 1805.) Repealed--1804 ch, 113. An Act in addition to an Act, entitled, 4 An Act for incorporating certain persons Chap. 86. for the purpose

making a Turnpike Road from Newburyport to Chelsea Bridge." (March 9, 1805.] Further add, acts--1907 ch. 117: 1811 ch. 50. 1802 ch. 120. An Act to incorporate a number of the inhabitants of the Towns of Scarborough, Chap. 87.

in the County of Cumberland, Saco and Buxton, in the County of York, into a Religious Society, by the name of The Methodist Society in Scarborough.

(March 9, 1805.) An Act in addition to an Act, entitled, “An Act establishing an Incorporation by Chap. 88. the name of The Maine Turnpike Association.” (March 11, 1805.)

1802 ch. 139. An Act to incorporate James Gray and others, for the purpose of maintaining a

Chap 89. Boom across Saco River, between Biddeford and Saco, in the County of York. [March 11, 1805.), Add. act—1808 ch. 41. An Act in addition to an Act, entitled, "An Act to prevent the Destruction of Chap. 90. Alewives and other Fish in Ipswich River, and to promote the Increase of the

1787 cb 58. VOL. II.

15

same," passed the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-eight. (March 11, 1805.) Further add.

acts-1805 ch. 29 : 1810 ch. 117 : 1812 ch, 127: 1814 ch. 22. Chap. 91. An Act in addition to an Act, entitled, “ An Act to incorporate a number of the 1803 ch. 96.

inhabitants of the Towns of Pittsfield, Hancock, Dalton and Washington, in the County of Berkshire, into a Religious Society, by the name of The Methodist Religious Society in Pittsfield, Hancock, Dalton and Washington.” (March 14,

1805.) Further add. act-1807 ch. 135. Chap. 92.

An Act to alter the Tiines of holding the Court of General Sessions of the Peace

in the County of Cumberland. (March 14, 1805.) Repealed-1805 ch. 18. Chap. 93.

An Act in addition to an Act, entitled, “An Act to authorize George Ulmer to 1802 ch. 35. build a Toll-Bridge at Lincolnville, in the County of Hancock," passed the (* 1802.)

twenty-fourth day of June, eighteen hundred and four.* (March 14, 1905.]

Further act-1810 ch. 99. Chap. 94. An Act in addition to an Act, entitled, “An Act for establishing an Academy in 1791 ch. 26.

the Town of Fryeburgh, by the name of Fryeburgh Academy." (March 14,

1805.] Further act--1813 ch. 52. Clap. 95. An Act in addition to an Act, entitled, “An Act to secure to Owners their pro1793 ch, 42.

perty in Logs, Masts, Spars and other Timber, in certain Cases.” (March 14, 1805.] Respecting Saco River only. Further add. acts---1806 ch. 118: 1907

ch. 84: 1815 ch. 51 : 1817 ch. 84: 1818 ch. 91. Cap. 96.

An Act respecting the erection of the Toll-Gates of The Eighth Massachusetts 1799 ch. 48.

Turnpike Corporation. (March 14, 1805.) Further act---1818 ch. 73. Chap 97. An Act to incorporare a number of the inhabitants of the Towns of New-Bedford

and Freetown, in the County of Bristol, and Rochester and Middleborough, in the County of Plymouth, into a Religious Society, by the name of The First

Baptist Church and Society in New-Bedford. (March 14, 1805.] Cha. 98. An Act making a temporary Alteration in the Toll receivable on certain Articles, 1791 ch. 32.

by the Proprietors of the Upper Locks and Canals on Connecticut River, in the

County of Hampshire. (March 14, 1805.] Continued---1811 ch. 111. Chap. 99. An Act to incorporate The First Congregational Parish in the Town of Franklin,

and for other purposes. (March 14, 1805.] Chap. 100. An Act in addition to an Act, entitled, “An Act to establish a Corporation by

the name of The Belchertown and Greenwich Turnpike Corporation.” (March 1802 ch. 52.

14, 1805.) Further add. acts-1807 ch. 6. 114. Chap. 101.

An Act to annex a certain Island, called the Great Island in Connecticut River,

to the Town of Gill, and to regulate the Fishery at and near the same. (March

14, 1805.] Expired, so far as relates to fishery. Chap. 102. An Act to authorize Jonathan Wilson and others to build a Bridge over the River

Passagassawaukeag, in the Town of Belfast. [March 14, 1805.] Add. aci--

1812 ch. 59. Chap. 103. An Act providing for the regular Discharge of Mortgages made to the Common

wealth.

Sect. 1. BE it enacted by the Senate and House of Representa

tives, in General Court assembled, and by the authority of the same, Treasurer to

That whenever any mortgagor, who shall have mortgaged any sign and seal a real estate to the Commonwealth, his executors, administrators, discharge, &c. heirs or assigns, shall pay into the treasury the full sum due

on such mortgage, the treasurer may, and it shall be his duty to sign and seal a discharge of such mortgage, and a release and quit-claim to the estate therein mentioned to be granted; and to acknowledge the same before a Justice of the Peace; which deed, being recorded in the registry of deeds for the county where such estate is situate, shall effectually discharge such mortgage to all intents and purposes : Provided however, That nothing in this Act shall be construed to authorize any

and

mortgagor, his heirs, executors, administrators or assigns, to redeem any mortgaged premises, after the expiration of three years from the entry of the Commonwealth by the treasurer, or his substitute, or any other person thereto authorized by law, upon the mortgaged premises, for the breach of the condition of the mortgage.

Sect. 2. And be it further enacted, That whenever there Bill in equity shall be a disagreement between the treasurer for the time to be filed in being, and the person applying to redeem any real estate mort- end

case of differ

ence between gaged to the Commonwealth, as to the sum equitably due on the treasurer such mortgage, the person so applying, and having a right to persons redeem such estate, may file a bill in equity for the redemp- deem.

applying to retion thereof, in the Supreme Judicial Court in the county of Suffolk; and the same court shall cause an attested copy of such petition, with a summons thereon, to appear at the next term of said court in said county, to be served fourteen days before the commencement thereof, on the treasurer, who is hereby authorized in behalf of the Commonwealth to appear in said court and answer to such petition ; and the said court within said county shall proceed to hear the parties, and shall determine and adjudge what sum is justly due on said mortgage to the Commonwealth ; and the treasurer shall be empowered, and it shall be his duty to accept the sum adjudged by said court, to be due on said

mortgage; and

upon receiving the same, to discharge and release such mortgage in the manner prescribed in the first section of this Act. Provided always, That all the costs and charges of discharging such mortgage, and of the process for ascertaining the sum due on the same, shall be borne by the person or persons applying to redeem the estate mortgaged, and not by the Commonwealth or the treasurer. [March 15, 1805.] An Act to set off Joseph Curtis, with his family and estate, from the First, and Chap. 104. annex him to the Third Parish in Roxbury. (March 15, 1805.]

An Act making further Provision in the Judicial Department. Chap 105. Sect. 1. BE it enacted by the Senate and House of Representalives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, the Supreme Judi- Number of cial Court of this Commonwealth shall consist of one chief

justices. justice, and four other justices, and no more.

Sect. 2. Be it further enacted, That from and after the passing of this Act, the Terms to be Supreme Judicial Court shall be holden annually at Boston, in the county of Suf- holden by three folk, for the counties of Suffolk and Nantucket, on the second Tuesday of March ; or more jusat Lenox, in and for the county of Berkshire, on the second Tuesday of September; tices. at Northampton, in and for the county of Hampshire, on the third Tuesday of September ; at Worcester, in and for the county of Worcester, on the fourth Tuesday of September; at Dedham, in and for the county of Norfolk, on the first Tuesday next after the fourth Tuesday of September; at Taunton, in and for the county of Bristol, on the second Tuesday next after the fourth Tuesday of September; at Plymouth, in and for the county of Plymouth, on the third Tuesday next Second and after the fourth Tuesday of September; at Barnstable, for the counties of Barnsta- third sections ble and Dukes County, on the fourth Tuesday next after the fourth Tuesday of repealedSeptember ; at Cambridge, in and for the county of Middlesex, on the fifth Tues- 1820 ch. 14. day next after the fourth Tuesday of September ; at Salem, in and for the county of Essex, on the sixth Tuesday next after the fourth Tuesday of September ; at York, in and for the county of York, on the third Tuesday of May; at Portland, in and for the county of Cumberland, on the fourth Tuesday of May; at Augusta, in and for the county of Kennebeck, on the first Tuesday next after the fourth

new terms.

Tuesday of May; at Wiscasset, in and for the county of Lincoin, on the second Tuesday next after the fourth Tuesday of May; at Castine, in the county of Hancock, for the counties of Hancock and Washington, on the third Tuesday next after the fourth Tuesday of May; by all the justices of the said Supreme Judicial Court; but any three or more of said justices may constitute a quorum for holding the said

court, and discharging all the duties thereof, at any of the times and places aforesaid. Terms to be SECT. 3. Be it further enacted, That from and after the passing of this Act, holden by any

the Supreme Judicial Court shall be holden annually at Boston, in the county of one or more of Suffolk, for the counties of Suffolk and Nantucket, on the fourth Tuesday of Nothe justices.

vember ; at Dedham, in and for the county of Norfolk, on the first Tuesday of March; at Concord, in and for the County of Middlesex, on the second Tuesday of April; at Ipswich, in and for the county of Essex, on the fourth Tuesday of April; at Worcester, in and for the county of Worcester, on the third Tuesday of April; at Northampton, in and for the county of Hampshire, on the fourth Tuesday of April; at Lenox, in and for the county of Berkshire, on the first Tuesday next after the fourth Tuesday of April; at Plymouth, in and for the county of Plynouth, on the third Tuesday of May; at Wiscasset, in and for the county of Lincoln, on the third Tuesday of September ; at Augusta, in and for the county of Kennebeck, on the second Tuesday next after the third Tuesday of September; at Portland, in and for the county of Cumberland, on the fourth Tuesday next after the third Tuesday of September ; at Alfred, in and for the county of York, on the sixth Tuesday next after the third Tuesday of September, by any one or more of the justices of said court: Provided nevertheless, that the Tuesday, on which any of the said courts are respectively to be holden as aforesaid, may, in all judicial proceedings, from time to time, be expressed and designated by such Tuesday of the month as will be the Tuesday on which any court is to be holden, pursuant to the foregoing arrangements.

Sect. 4. Be it further enacted, That all writs, recogniBusiness transferred to the

zances, warrants, complaints, and every other matter and thing that should, after the passing of this Act, be returned to, or entered at the Supreme Judicial Court, at the times and places heretofore appointed, and all parties and persons, that may be required or directed to appear and attend after that time, at the aforesaid times and places, and all actions, matters and suits, that may be pending in the same court, on the day of passing this Act, shall be returned to, entered, appear and attend, have day, be tried and determined in said court, at the respective times and places established by this Act, pursuant to the true intent and meaning thereof.

Sect. 5. Be it further enacted, That whenever the said Exceptions court shall be holden by any one of the justices thereof, it may be alleg-, shall be lawful for any party, thinking himself aggrieved by ed, and allowed in certain any opinion, direction or judgment of the said justice, in any

action or process of a civil or criminal nature, to allege exceptions to the same, at the term of said court when such opinion, direction or judgment shall be given or pronounced; and such exceptions being reduced to writing, in a summary mode, and presented to the court, before the adjournment thereof without day, and found conformable to the truth of the case, shall be allowed and signed by the justice holding said court; and thereupon all such action or process, in or upon which judgment shall not have been rendered at the time of allowing such exceptions, shall be continued to the next term of the said court, to be holden in the same county pursuant to the second section of this Act, subject to the provisions hereinafter contained; and such action or process, wherein exceptions shall be alleged to the final judgment of the court thereon, shall likewise be continued in the same manner, and execution thereon shall be stayed, but without prejudice to any attachment made on the original writ in any civil action. Provid

cases.

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