Writs of error

within 20

years.

Proviso for infants, &c.

eighty-eight, entitled, "An Act to prevent the Destruction of Alewives and other Fish in Ipswich River, and to encourage the Increase of the same." [Feb. 11, 1806.] Further add. acts-1810 ch. 117: 1814 ch. 22.

An ACT to establish a Corporation by the name of The Ashby Turnpike Corporation. [Feb. 11, 1806.]

An ACT to establish a Corporation by the name of The Norton Turnpike Corporation. [Feb. 11, 1806.]

An ACT to set off Part of the Town of Northborough, and annex the same to the District of Berlin, and to set off part of said District of Berlin, and annex the same to the said Town of Northborough. Feb. 15, 1806.]

An ACT to establish a Company by the name of The Worcester and Stafford Turnpike Corporation. (Feb. 15, 1806.] Add. acts-1809 ch. 22. 111: 1819 ch.

113.

An ACT in addition to an Act, entitled, “An Act to incorporate William Bartlet and others, into a Company by the name of The Newburyport Marine Insurance Company." (Feb. 15, 1806.]

An ACT for limiting the Times within which Writs of Error shall be brought for the reversing of any Judgments.

WHEREAS it is expedient that titles, estates and interests, depending on judgments recovered at law, should be quieted after a reasonable time expired after the rendition of such judgments: Therefore,

or

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no judgment in any action or suit heretofore, to be sued out which hereafter may be rendered, shall, from and after the passing of this Act, be reversed or avoided for any error or defect therein, unless the writ of error brought for reversing the same be sued out within twenty years next after the rendition of such judgment. Provided always, That if any person who is or shall be entitled to such writ of error, shall at the time such title accrued be within the age of twenty-one years, covert, or non compos mentis, then such person, his or her heirs, executors or administrators, notwithstanding the said twenty years expired, may bring a writ of error for the reversing of any such judgment, as such person might have done in case this Act had not been made, so as the same writ of error be sued out within five years after the coming of age, discoverture, coming of sound mind, or death of such person, whichever shall first happen, and not afterwards. [Feb. 15, 1806.]

Chap. 36.

Printed copies to be admitted

as evidence.

Chap. 37.

An ACT prescribing the Manner of proving Private Acts and Resolves of this Commonwealth, in Courts of Law.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the printed copies of the private Acts and Resolves of this Commonwealth, which now are, or hereafter shall be printed by and under the authority of the Legislature of this Commonwealth, shall be admitted as good evidence thereof in all courts of law, without any further proof whatsoever. [Feb. 15, 1806.]

An ACT exempting Cobbossee Contee River, in the Town of Gardiner, from the Operation of all Laws regulating the Salmon, Shad and Alewive Fisheries. [Feb. 17, 1806.]

An ACT establishing the Times and Place of holding the Court of General Sessions Chap. 38. of the Peace within and for the County of Essex. [Feb. 17, 1806.]

An ACT establishing the Times and Places of holding the Courts of Common Pleas Chap. 39. and the Courts of General Sessions of the Peace in the County of York. [Feb.

21, 1806.1 Add. act--1806 ch. 34.

An ACT for setting off Elijah Goodenough, and others, from the First Precinct in Chap. 40. Boylston, in the County of Worcester, and annexing them to the Second Precinct

in Boylston, Sterling and Holden. [Feb. 22, 1806.]

An ACT to establish a Corporation by the name of The Plumb-Island Turnpike Chap. 41. and Bridge Corporation. [Feb. 24, 1806.]

An Act to annex the Town of Hinsdale to the Middle District, for the Registry of Chap. 42. Deeds, for the County of Berkshire.

1788 ch. 5.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act the town of Hinsdale be, 1812 ch. 83. and hereby is annexed to the middle district for the registry of deeds, in the county of Berkshire, and the qualified voters of said town shall in future vote accordingly for a register of deeds for the said middle district. [Feb. 25, 1806.]

An ACT authorizing the Inhabitants of the Town of Acton, in the County of Mid- Chap. 43. dlesex, to regulate the taking of Fish called Shad and Alewives within the limits

of said Town. [Feb. 25, 1806.]

An Act to incorporate Simon Larned and others, by the name and style of The Chap. 44. President, Directors and Company of the Berkshire Bank. [Feb. 25, 1806.]

An ACT empowering the Inhabitants of that part of the County of Oxford which Chap. 45. lies south-westerly of the Town of Waterford, to choose a Register of Deeds.

[Feb. 26, 1806.]

An ACT to set off Seth Phillips and Jabez Ward from the Town of Gerry, and to Chap. 46. annex them to the Town of Athol. [Feb. 28, 1806.]

An Act in addition to An ACT, entitled, "An Act in addition to an Act to incor- Chap. 47. porate sundry persons by the name of The Massachusetts Fire Insurance Company." [March 3, 1806.]

1795 ch. 22. 1798 ch.46.

An ACT further to continue in Force an Act, entitled, "An Act to incorporate Chap. 48. sundry persons by the name of The Presidênt and Directors of the Nantucket Bank." [March 3, 1806.] See 116 ch. 17.

1794 ch. 56.

An Act to incorporate Ezekiel Hersey Derby and others, for the purpose of build- Chap. 49. ing a Bridge over South River in Salem. [March 3, 1806.] Add. act-1814 ch. 98.

An ACT to incorporate the Congregational Society in the Town of Douglas, as a Religious Society, by the name of the Congregational Society in Douglas. [March 3, 1806.] See 1819 ch. 154.

Chap. 50.

An ACT to authorize the raising of a Fund for the Support of Public Schools in the Chap. 51. Town of North Yarmouth, in the County of Cumberland. [March 3, 1806.]

An ACT to alter the Time of holding one of the Terms of the Court of Common Chap. 52. Pleas and General Sessions of the Peace in the County of Berkshire. [March 3, 1806.]

An ACT in addition to an Act, entitled, "An Act for incorporating certain persons Chap. 53. for the purpose of building a Bridge over Eastern River, in Dresden, in the County of Lincoln, at or near Call's Ferry, and for supporting the same." [March 4,

1796 ch. 68.

1806.] An Act for allowing further Time to the Proprietors of The Fourteenth Massachu- Chap. 54. setts Turnpike Corporation for completing the same. [March 4, 1806.]

1801 ch. 77.

An Act to prevent Damage from firing Crackers, Squibs, Serpents and Rockets, Chap. 55.

within this Commonwealth.

BE it enacted by the Senate and House of Representatives, in Gen

selectmen.

eral Court assembled, and by the authority of the same, That from Sale, &c. of and after the first day of May next, if any person shall offer squibs, &c. for sale, set fire to, or throw any lighted cracker, squib, rocket forbidden, unless licensed by or serpent, within this Commonwealth, without the license of the selectmen of the several towns respectively, first obtained therefor, he shall forfeit, for every such offence, the sum of five dollars, one moiety to the use of the poor of that town in which the offence shall be committed, and the other moiety to the use of the prosecutor, to be recovered by action of debt, or by information before any Justice of the Peace of the county in which the offence shall be committed, with the costs of suit. [March 4, 1806.]

Chap. 56.

Chap. 57.

1785 ch. 69.

Court authorized to assign

personal property to a wo

man, divorced for adultery of

the husband and alimony if

necessary.

An ACT to incorporate the north-westerly part of the Town of North Yarmouth, in the County of Cumberland, into a new Parish, by the name of The Second Territorial Parish in North Yarmouth. [March 5, 1806.]

An ACT in addition to an Act, entitled, "An Act regulating Marriage and Divorce."

WHEREAS by an Act, entitled, "An Act for regulating marriage and divorce," passed in the year of our Lord one thousand seven hundred and eighty-six, no provision is made for a woman divorced for the cause of adultery committed by her husband, excepting dower to be assigned to her in the lands of the husband, which provision is in many cases inadequate For remedy whereof,

person

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any woman shall hereafter be divorced from the bond of matrimony, for the cause of adultery committed by the husband, in addition to her dower, as in the said Act is provided, and to the real estate which her husband held in her right, the court by whom such divorce may be decreed, shall have power to assign to her, for her own use, all the al estate which the husband hath received by reason of the marriage, or such part thereof as shall be just and reasonable, under all the circumstances of the case, and of the family of the parties, or a sum of money equal in value to the whole of the said personal estate; or to so much thereof as the court may judge proper should be so assigned to her. But if the personal estate or money which the court are by this Act authorized to assign to the woman so divorced, together with her dower in her husband's real estate, should be insufficient for her reasonable and comfortable support, then the court may allow her reasonable alimony out of her husband's estate, so long as she shall remain unmarried; in the same manner as alimony may be allowed to a woman divorced from bed and board, for the cause of extreme cruelty in the husband; regard to be had, in making such allowance, to the character, circumstances and property of the husband, and the character and situation of the wife. [March 7, 1806.] Further add. acts-1810 ch. 119: 1820 ch. 56.

An ACT to establish The Housetonic River Turnpike Corporation. [March 7, Chap. 58.

1806.] Add. acts--1807 ch. 93: 1808 ch. 49: 1810 ch. 67: 1816 ch. 34: 1820 ch. 5.

An ACT in addition to an Act, entitled, "An ACT to incorporate the south-westerly part of Washington, the north-easterly part of Great Barrington (or Hopland, so called) the Glass-Works Grant, and Part of Williams's Grant, in the County of Berkshire, into a Town by the name of Lee." [March 7, 1806.]

Chap. 59. Oct. 21, 1777. An ACT in addition to an Act, entitled, "An Act to provide for the Debt of this Chap. 60. Commonwealth." [March 7, 1806.] Further add. act-1817 ch. 147.

An ACT in addition to an "Act, entitled, "An Act in addition to an Act, enti

1793 ch. 29.

tled, An Act for incorporating the Members of the Episcopal Church in the Chap. 61. Town of Portland, into a Religious Society." [March 7, 1806.] Further act

1819 ch. 64.

1790 ch. 33. 1801 ch. 68.

An ACT to repeal an Act for incorporating The First Congregational Society in Chap. 62.
Winthrop. [March 7, 1806.]

An ACT to increase the Fees of Grand and Petit Jurors and Witnesses, in criminal
Causes.

1799 ch. 38.

Chap. 63.

Pay of jurors;

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, and fees in That from and after the passing of this Act, the grand jurors civil actions. attending at the Supreme Judicial Court, and the Court of Common Pleas, and Municipal Court for the town of Boston, and the jurors for trials, attending either of the courts aforesaid, shall each be allowed one dollar and twenty-five cents a day [* Six cents-for their attendance, and four cents* a mile for their travel out 1807 ch. 140, and home, to be paid out of the county treasury; and there 16.] shall be paid to the clerks of the said courts respectively, by the plaintiff or appellant, the sum of seven dollars for the trial of each civil action, for the use of the county, and the said clerks respectively shall forthwith pay over the same to the county treasurer.

SECT. 2. Be it further enacted, That witnesses in criminal Pay of witnesscauses, in the Supreme Judicial Court and Court of Common es in criminal Pleas, shall be allowed and paid, out of the treasury of the re- causes. spective counties in this Commonwealth, one dollar for each day's attendance, and four cents for each mile's travel, going out and returning home: Provided, such witnesses do personally attend said courts respectively, and certify in writing their time and travel.

SECT. 3. Be it further enacted, That so much of the first sec- Part of former tion of an Act made and passed the thirteenth day of February, Act repealed. in the year of our Lord one thousand seven hundred and ninety-six, for establishing and regulating the fees of the several of 1795 ch. 11. ficers and other persons therein mentioned, as relates to witnesses in criminal causes in the Supreme Judicial Court and Court of Common Pleas, and also the second section of the Act aforesaid, shall, from and after passing this Act, be, and the same is hereby repealed. [March 7, 1806.].

An ACT to render valid the Doings of Isaac Mansfield, a Coroner, within the Chap. 64. County of Essex. [March 7, 1806.]

An ACT for incorporating Charles Cushing, John Avery, Esquires, and others, into Chap. 65. a religious Society, by the name of The West-Boston Society in the Town of

Boston. [March 7, 1806.]

Chap. 66.

1783 ch. 43.

Chap. 67.
Chap. 68.

Chap. 69.

1799 ch. 7.

1 Anne ch. 2.

Convicts may

when they

An ACT in addition to an Act, entitled, "An Act describing the Duty and Power
of Coroners." [March 7, 1806.] Repealed-1806 ch. 29.

An ACT to incorporate Aaron Davis and others, by the name of The Worcester
Turnpike Corporation. [March 7, 1806.] Ádd. acts—1808 ch. 15. 71.

An ACT determining at what Times and Place the Court of General Sessions of
the Peace and Court of Common Pleas shall be holden within the County of
Norfolk, and repealing all Laws heretofore made for that purpose. [March 7,
1806.]

An ACT in addition to an Act, entitled, "An Act authorizing the Courts of General Sessions of the Peace to liberate poor Convicts from Prison, and to dispose of them in Service for Payment of Costs of Prosecution."

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, the justices of the Supreme Judicial Court be, and hereby are authorized, at any term thereof, on motion made for that purpose, to order the sheriff of any county, in which said court may then be holden, be discharged, to liberate from prison any poor convict who may have been committed to prison by order of said court, when it shall be made to appear to said court that said convict has lain in primonths for fine son for the term of three months for fine and costs only, and that he stands committed for no other cause, and that he has not estate sufficient to pay said fine and cost; upon condition, however, that said Supreme Judicial Court shall order such convict to give his own note for the amount of said fine and costs, payable to the treasurer of said county, to the use of said county.

have been detained three

and costs.

Justices of the

SECT. 2. Be it further enacted, That from and after the pasCourt of Com sing this Act, the Justices of the several Courts of Common mon Pleas em- Pleas within this Commonwealth be, and they hereby are aupowered. thorized, at any term of their respective courts, on motion made for that purpose, to order the sheriff of said county to liberate from prison any poor convict, who has been committed to prison by the order of any Justice of the Peace, or of the Court of General Sessions of the Peace, or of the said Court of Common Pleas, within said county, when it shall be made to ap pear to said Court of Common Pleas, that said convict has lain in prison for the term of three months, for fine and costs only, and that he stands committed for no other cause, and that he has not estate sufficient to pay said fine and cost; upon condition, however, that said Court of Common Pleas shall order said convict to give his own note for the amount of said fine and cost, payable to the treasurer of said county, to the use of said county; any thing in the Act to which this is in addition to the contrary notwithstanding.

SECT. 3. And be it further enacted, That the Judge of the Municipal Court in the town of Boston, shall have the same power and authority in the county of Suffolk, which is by this Act given to the Justices of the Courts of Common Pleas. [March 7, 1806.]

An ACT to incorporate The Trustees of the Charlestown Charity Fund. [March 7, 1806.]