ed, however, That no trial by jury shall be delayed or prevented, by the making or filing of exceptions to the opinion or judgment of the court, upon any dilatory plea, or upon any question of law arising during the trial; and whenever it shall appear to the court, that the exceptions, made in or after the trial of any cause, are frivolous, immaterial, or in- Cases of frivotended for delay, judgment may be entered, and execution lous excepawarded or stayed, on such conditions as the court may deem reasonable, notwithstanding the allowance of the proceedings; and the courts to which actions may be continued, upon exceptions filed and allowed, shall have cognizance thereof, and shall do therein what to law and justice shall appertain. tions. tried before three or more SECT. 6. Be it further enacted, That all indictments which Causes to be may be found for any capital offence, and all motions and petitions for new trials, and all appeals from judgment or decrees justices. of Judges of Probate,* and all questions of divorce and alimony, [*One judge questions of law on statements of facts agreed by the parties, may try an ap or special verdicts, and all issues in law, shall be heard, tried bate Court and determined exclusively in the courts which are to be holden 1817 ch. 63: pursuant to the second section hereof, by three or more of the and causes of alimony and said justices; and all other actions, processes, matters and divorce-1820 things, civil and criminal, whereof the Supreme Judicial Court ch. 14.] hath heretofore had cognizance, may be heard, tried and de- Causes to be termined, subject to the provisions aforesaid, at the court which one or more may be holden by one or more justices pursuant to the third justices. section hereof. And whenever three or more of the justices aforesaid shall attend at any court to be holden by virtue of the third section hereof, the said justices attending and holding such court shall have cognizance of all matters and things whatsoever, whereof they may have cognizance at any court to be holden by virtue of the second section of this Act. tried before justices are tice may con SECT. 7. Be it further enacted, That whenever, on actions, After actions processes, issues and matters, which are by the provisions of triable by three this Act cognizable by the aforesaid justices, or any three of tried, one jus them, all trials and decisions shall have been had at any court, tinue the court. provided by the second section of this Act to be holden, any one of the said justices may continue to hold the same court, for the trial of all causes, actions and issues which are cognizable by one or more of the said justices, pursuant to the provisions of the third section of this Act. SECT. 8. Be it further enacted, That whenever, by sickness, Cases of jusaccident, or any unforeseen cause, the number of justices, re- tices not atquired to hold courts by the second section of this Act, do tending. not attend on the day appointed for opening a court, that any one of said justices may adjourn the court, from day to day, until a sufficient number of said justices do attend; and that whenever, by sickness, accident, or any unforeseen cause, one of said justices shall not attend at the several times and places appointed for holding courts, by the third section of this Act, the sheriffs of the several counties respectively shall have power to adjourn the court from day to day, until a justice shall attend. SECT. 9. Be it further enacted, That the appointment of Appointment of clerks, &c. clerks, the establishment of rules and orders of practice, and the to be made by admission of attornies, shall be vested in, and exclusively exercised by the court, to be holden by virtue of the second section of this Act. full court. Justices to make proper arrangements. Former law repealed. 1803 ch. 94. Certain ses authorized. SECT. 10. Be it further enacted, That it shall be duty of the the justices of said court, from time to time, to make such arrangements for holding said court, pursuant to the third section of this Act, as will, as far as may be, enable any justice, holding the same in any county, to transact all the business which may be pending before said court. SECT. 11. Be it further enacted, That an Act passed on the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and four, entitled, " An Act making further provision in the Judicial Department," be, and the same is hereby repealed. SECT. 12. Be it further enacted, That the Supreme Judicial sion in Boston Court which commenced its session at Boston, in the county of Suffolk, for the counties of Suffolk and Nantucket, on the second Tuesday of March instant, may and shall do and perform all the duties, and exercise the same powers, in the same manner as though this Act had been passed before the commencement of the said session of said court. [March 15, 1805.] Chap. 106. An ACT for extending the Norfolk and Bristol Turnpike from Roxbury to PleasantStreet, in Boston. [March 15, 1805.] 1801 ch. 69. Chap. 107. An ACT for the incorporating of certain persons for the purpose of making, laying and maintaining Side-Booms in Androscoggin-River. [March 15, 1805.] Add. acts-1811 ch. 173: 1819 ch. 81. Chap. 108. An ACT to incorporate Hannah Balch, Sarah Thompson, and others, into a Society, by the name of The Newburyport Female Charitable Society. [March 15, 1805.] Chap. 109. Chap. 110. Chap. 111. 1803 ch. 155. An Act to incorporate certain persons for the purpose of building a Bridge over An ACT to establish a Corporation by the name of The Bath Bridge and Turnpike An ACT for incorporating certain persons for the purpose of building a Bridge over Chap. 112. An ACT in addition to an Act, entitled, "An Act to repeal in Part, and for making further Additions to the Act, entitled, An Act to prevent Fraud and Deception in packing of Pickled Fish, and to regulate the Size and Quality of the Casks, and the Exportation thereof from this Commonwealth, and to repeal all Laws heretofore made for this purpose," passed March the ninth, eighteen hundred and four. [March 15, 1805.] Repealed-1809 ch. 120. Chap. 113. Chap. 114. 1791 ch. 21. 1795 ch. 60. An ACT for determining the Times and Places for holding the several Courts of An ACT in addition to the Acts for incorporating sundry persons for the purpose of Chap. 115. An ACT for fixing the Times and Places of holding the Courts of Probate within and for the County of Middlesex. [March 15, 1805.] Repealed-1805 ch. 83. Chap. 116. An ACT to continue in Force an Act, entitled, an Act to incorporate sundry per 1794 ch. 56. sons by the name of The President and Directors of the Nantucket Bank, [March 15, 1805.] Continued further-1805 ch. 6. 48. See 1816 ch. 17. An ACT in addition to an Act, entitled, "An Act in addition to an Act, entitled, Chap. 117. an Act in addition to the several Acts for regulating Elections, and for repealing 1802 ch. 116. the first Section of said Act." earlier than where voters exceed 500. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any meeting mentioned in the first section of the Act, Town meetings entitled, "An Act in addition to an Act, entitled an Act in ad- may be opened dition to the several Acts for regulating elections, and for re- eleven o'clock, pealing the first section of said Act," passed March the seventh, one thousand eight hundred and three, in any town where the number of qualified voters shall exceed five hundred, may be opened at an earlier hour than eleven of the clock in the forenoon of the day of election, at the discretion of the selectmen of such town, any thing in said Act to the contrary notwithstanding. selectmen to their qualifica SECT. 2. And be it further enacted, That in any town, where Where voters the number of qualified voters shall exceed one thousand, it exceed 1000, shall be the duty of the selectmen of such town to be in session sit to receive at some convenient place, on the day immediately preceding evidence of such meeting; and when this shall happen on Sunday, then on tions, one the Saturday immediately preceding such meeting, and for a day at least time as much longer, previous to said day, as they shall judge before the necessary, to receive the evidence of the qualifications of persons mentioned in the first section of the Act to which this is an addition. [March 15, 1805.] Further add. acts-1806 ch. 26: 1809 ch. 127: 1813 ch. 68. 195. meeting. An ACT to establish a Corporation, by the name of The Tyringham and Lee Chap. 118. Turnpike Corporation. [March 15, 1805.] An Act to incorporate the Proprietors of the Branch Church in Salem, in the Coun- Chap. 119. ty of Essex. [March 15, 1805.] An ACT against Forgery and Counterfeiting. Chap. 120. Col. L. 1646. 2 Anne ch. 1. 1784 ch. 67. ing certain pa SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, 4 W.&M.ch.6. That if any person shall falsely make, alter, forge or counter- 12 & 13 W. III. feit, or shall procure to be falsely made, altered, forged or coun- ch. 4. terfeited,or shall willingly aid or assist in falsely making,altering, 23 Geo. II.— forging or counterfeiting any public record, any certificate or 24 Geo. II.— attestation of a Justice of the Peace, public register, notary- 1786 ch. 15. public, clerk of any court, town clerk, or other public officer, 1800 ch. 64. in any matter wherein such their certificate or attestation is Punishment receivable and may be taken as a legal proof; any charter, deed, for counterfeitwill, testament, bond or writing obligatory, letter of attorney, pers, &c. enupolicy of insurance or bill of exchange; any promissory note, merated; or order, acquittance or discharge, for or upon the payment of causing them money or delivery of goods; or any acceptance of a bill of ex- feited, or aschange; or any endorsement or assignment of a bill of exchange or promissory note, for the payment of money; any accountable receipt for money or goods; or for any note, bill or security for money or goods; or any lottery ticket in any lottery legally authorized and licensed within this Commonwealth; or shall utter or publish as true, any such false, altered, forged or counterfeit record, certificate or attestation, charter, deed, will, testament, bond, or writing obligatory, letter of attorney, poli to be counter Punishment for of public debt, &c. or bank bill, &c. or as sisting therein. cy of insurance, bill of exchange, promissory note, acceptance, endorsement, assignment, order, acquittance, discharge, accountable receipt, or lottery ticket, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud any person, or any body politic or corporate; then every person so offending in either of the particulars aforesaid, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment, for a term not exceeding six months, and by confinement, afterwards, to hard labour, for a term not less than two years, and not exceeding ten years. SECT. 2. Be it further enacted, That if any person shall falsecounterfeiting ly make, alter, forge or counterfeit, or shall procure to be falseany certificate ly made, altered, forged or counterfeited, or shall willingly aid or assist in falsely making, altering, forging or counterfeiting any note, certificate, or other bill of credit, which hath been or may be issued by the treasurer or other commissioner or commissioners duly authorized, for any debt of this Commonwealth; or any bank bill,or promissory note payable to the bearer,signed in behalf of any company or corporation by law licensed and authorized as a bank within this Commonwealth,or payable and demandable therein, at the office of any banking company incorporated by any law of the United States; or if any person, having knowledge of such false making, altering, forging and countering, shall willingly aid or assist in altering or rendering current as true, any such false, altered, forged or counterfeit notes, certificates, bills of credit, bank bills, or notes, and for that purpose shall possess, at any one time, any number, not less than ten, of such similar false, altered, forged or counterfeit notes, certificates, or bills of credit, bank bills or notes, knowing the same to be false, altered, forged or counterfeit, as aforesaid, with intent to utter or pass the same, and thereby to injure or defraud this Commonwealth, any body politic or corporate, or any person or persons; then every person so offending in either of the 1818 ch. 110. particulars aforesaid, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour, for and during his or her life. SECT. 3. Be it further enacted, That if any person shall utter, Punishment for or tender in payment as true, any such false, altered, forged or counterfeit note, certificate, or bill of any debt of this Commonpublic debt,&c. wealth, bank bill, or promissory note, payable to the bearer, by any bank as aforesaid, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud this Commonwealth, any body politic or corporate, or any person or persons; every person so offending, and who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for a term not exceeding thirty days, and by confinement afterwards to hard labour, for a term not exceeding three years; or by a fine, not exceeding one thousand dollars, and by binding to the good behaviour for two years, at the discretion of the justices of the said court before whom the conviction may be. And if, after any such conviction, the same person shall be guilty a second time of passing any certificate of or bank bill, &c. offence. the like offence, and shall be duly convicted thereof in the Su- Punishment for preme Judicial Court; or if in the Supreme Judicial Court, at repeating the the same term thereof, any person shall be duly charged and convicted of the said offence in three several instances, then 1818 ch. 110. such person may be adjudged to be a common utterer of counterfeit bills, and shall be punished by solitary imprisonment for a term not exceeding one year, and by confinement afterwards to hard labour for a term not less than two years, and not exceeding ten years. counterfeit bills, &c. SECT. 4. Be it further enacted, That if any person shall Punishment bring into, or shall have in his possession within this State, any for bringing into the State, false, forged, and counterfeit bill or bills, note or notes, in the &c. with insimilitude of the bills or notes payable to the bearer thereof tent to pass, issued by or for any bank or banking company, which is or shall be established within this State, or in any other part of the United States, for the purpose of rendering the same current as true, or with intent to pass the same, knowing the same to be false, forged and counterfeit, every such offender, upon due conviction thereof before the Supreme Judicial Court, shall 1918 ch. 110. be punished by solitary imprisonment, for such term, not excecding three months; and by confinement afterwards to hard labour, for such term, not exceeding three years, or by a fine, not exceeding one thousand dollars, and imprisonment in the common gaol, not exceeding one year, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. mending any &c. SECT. 5. Be it further enacted, That if any person shall en- Punishment for grave, form, make, or mend, or shall begin to engrave, form, making or make, or mend, any plate or plates, paper, rolling-press, or tool, &c. to be other tool, instrument or material, devised, adapted and de- used in counsigned for the stamping, forging and making any false and and for be counterfeit certificates, bills, or notes, which have been or ing possessed of which shall be issued as aforesaid, by or for any debt of this the same. Commonwealth, or by or for any bank or banking company, which is or shall be established in this State, or in any other part of the United States, or shall have in his possession any such plate or plates, engraven in any part, or any paper, rolling press, or other tool, instrument or material, devised, adapted and designed as aforesaid, with the intent to use and employ the same, or to cause or permit the same to be used and employed, in forging and making any such false and counterfeit certificates, bills or notes; every person so offending, who shall be thereof duly convicted before the Supreme Judicial Court, shall be punished by solitary imprisonment for such term, not exceeding three months, and by confinement afterwards to hard labour, for such term, not exceeding three years, or by fine, not exceeding five hundred dollars, and imprisonment in the common gaol, for such term, not exceeding one year, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. for counter SECT. 6. Be it further enacted, That if any person shall Punishment forge or counterfeit, or shall procure to be forged or counterfeiting any gold |