Alienage to be no impediment to the receipt of a share of personal estate. Real estate of intestates liable for debts, when the per sonal estate is insufficient. When this Act operation. shall be taken and estimated in the distribution and partition of the intestate's real and personal estate as part of the same; and the estate so advanced, shall be taken by such child or grandchild, towards his share of the intestate's estate: And the value at which such estate shall be so taken, shall be the same as above expressed or charged by the intestate, or acknowledged by the child or grandchild, if any value be so expressed, charged or acknowledged; otherwise at the value thereof when given. SECT. 4. Be it further enacted, That in the distribution of the personal estate, pursuant to this Act, alienage in the person claiming a distributive share thereof, as issue, widow or otherwise, shall be no impediment to such person's receiving the same, any thing in this Act to the contrary notwithstanding: But this provision is not to extend to the descent of any real estate to an alien. SECT. 5. Be it further enacted, That all the lands, tenements and hereditaments of which the intestate died seized, and also all such estate which he had fraudulently conveyed, or of which he had been colourably or fraudulently disseized, with intent to defraud his creditors, shall be liable for the payment of his debts, and may be recovered and applied thereto, in the manner by law directed, whenever the personal estate shall be insufficient therefor; saving to the widow her dower therein, except in the estate so fraudulently conveyed, to which she had legally relinquished her right of dower. SECT. 6. Be it further enacted, That this Act shall be in is to commence force from and after the first day of July next, and that from and after that day, all Acts and parts of Acts heretofore passed, so far as they come within the purview of this Act, shall cease and have no further effect, excepting as to the estates of such persons who shall die before this Act shall be in force. [March 12, 1806.] Chap. 91. Chap. 92. 1803 ch. 114. Chap. 93. Chap. 94. Chap. 95. 1804 ch. 69. Chap. 96. Chap. 97. Col.L.1649.69. 9 W. III. ch. 4. 1784 ch. 65. 68. An ACT to regulate the taking and disposing of the Fish called Shad and Alewives, within the limits of the Town of Hingham, and for the effectual securing to the said Town the advantages thereof. [March 12, 1806.] An ACT in addition to an Act, entitled, "An Act to incorporate certain persons for the purpose of making a Street from Rainsford's Lane, in the Town of Boston, to the Bridge proposed to be built from, at, or near the Town's Landing, to Dorchester Neck." [March 12, 1806.] An ACT to incorporate the Plantation heretofore called Stillwater, in the County of Hancock, into a Town by the name of Orono. [March 12, 1806.] An ACT to incorporate a number of the inhabitants of the Town of Salem, in the County of Essex, into a Society by the name of The Baptist Society in Salem. [March 12, 1806.] An ACT in addition to An Act, entitled, "An Act to authorize the raising a Fund for the Support of Public Schools in the Town of Warren, in the County of Lincoln." [March 12, 1806.] An ACT to establish a Corporation by the name of The Alford and Egremont Turnpike Corporation. [March 13, 1806.] Add. acts-1810 ch. 30: 1811 ch. 68. An Acr providing for the Punishment of the Crime of Rape and for the prevention thereof. SECT. 1. BE it enacted by the Senate and House of Represen and person present, tatives, in General Court assembled, and by the authority of the same, That if any man shall ravish, and carnally know any Every person woman, by force, and against her will, or shall unlawfully and committing a carnally know and abuse any woman child, under the age of personevery ten years, every such offender, and any person present, aiding aiding and conand consenting in such rape, or accessary thereto before the senting to such fact, by counselling, procuring or commanding such rape to be punished with committed, who shall be duly convicted, in the Supreme Judici- death. al Court, of either of the felonies and offences aforesaid, shall suffer the punishment of death. rape, &c. to be SECT. 2. Be it further enacted, That if any person, after any Punishment of rape committed as aforesaid, shall knowingly harbour, conceal, ter the fact. maintain or assist any principal offender therein, or any accessary thereto before the fact, and shall be thereof duly convicted in the Supreme Judicial Court, every such accessary after the fact shall be punished by solitary confinement, for such term, not exceeding three months, and by confinement to hard labour, for such term thereafter commencing, not exceeding ten years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. * Punishment for SECT. 3. Be it further enacted, That if any man, with intent to commit a rape as aforesaid, shall make an assault upon an attempt to a woman, or female child, every such offender, commit a rape, and any peror for aiding son who shall consent, aid or assist therein, and shall be there- and consenting of duly convicted in the Supreme Judicial Court, shall be ad- to such atjudged guilty of a felonious assault, and shall be punished tempt. by solitary imprisonment for such term not exceeding three months, and by confinement afterwards to hard labour, for such term not exceeding ten years, or by a fine not exceeding [*1815 ch. 86-five hundred dollars, and by imprisonment in the common hanced.] 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 nature and aggravation of the offence. punishment en SECT. 4. Be it further enacted, That from and after the passing of this Act, all Acts and parts of Acts heretofore passed, Former laws so far as they come within the purview of this Act, shall be and repealed. they hereby are repealed: Provided, That the same Acts and parts of Acts shall be and remain in force for the cognizance, trial and punishment of all such crimes and offences as therein are mentioned, which have been committed before the passing of this Act, and all proceedings thereon arising, this repeal notwithstanding. [March 13, 1806.] Add. act-1815 ch. 86. An ACT for preventing Public Stage Plays, Interludes, and other Theatrical Enter- Chap. 98. tainments, in certain cases. SECT. 1. BE it enacted by the Senate and House of Representa- 23 Geo. II.tives, in General Court assembled, and by the authority of the same, That if any person or persons shall hereafter erect or build Penalty for any house or other building, for the purpose of having the building for same used or improved for acting or carrying on any stage play, theatrical exinterlude, or other theatrical entertainment, in any county with- hibitions, with VOL. II. 20 erecting a out a license. Penalty for ing for theatri ces, without a license. in this Commonwealth, without the license of the Court of General Sessions of the Peace for such county first obtained, upon the approbation of the selectmen of the town in which the same be intended, he shall forfeit and pay a sum not exceeding two thousand dollars, for each and every offence, to be recovered by indictment before the Supreme Judicial Court, holden within and for the county in which such offence shall be committed, to the use of the Commonwealth. SECT. 2. Be it further enacted, That if any person or perletting a build- sons shall hereafter, in any county within this Commoncal performan- wealth, for profit, gain, or other valuable consideration, let to hire any house or other building, or suffer any house or other building, in his or their possession, to be used or improved for acting, or carrying on for profit, gain or valuable consideration, any stage play, interlude, or other theatrical entertainment, without the license of the Court of General Sessions of the Peace for such county first obtained, upon the approbation of the selectmen of the town in which the same be intended, he or they shall forfeit a sum not exceeding five hundred dollars, for each and every time such house or building shall be so let to hire, or suffered so to be used or improved; to be recovered by indictment before the Supreme Judicial Court for the county in which such offence shall be committed, to the use of the Commonwealth. Penalty for assisting or act ing in any stage play, without a liceuse. Licences to continue in force for one year only. When this Act SECT. 3. Be it further enacted, That if any person or persons shall hereafter, in any county within this Commonwealth, act or carry on, or assist in acting or carrying on, for profit, gain or valuable consideration, any stage play, interlude, or other theatrical entertainment, in any house or building, or other place, without the license of the Court of General Sessions of the Peace for such county first obtained, upon the approbation of the selectmen of the town in which the same be intended, he or they shall forfeit and pay a sum not exceeding four hundred dollars, to be recovered by indictment before the Supreme Judicial Court, holden for the county in which such offence shall be committed, to the use of this Commonwealth. SECT. 4. Be it further enacted, That such licenses shall continue and be in force, for the term of one year from the time of granting the same, and no longer, and upon the approbation of the selectmen of the town for the time being, may be annually renewed by the Court of General Sessions of the Peace for such county. SECT. 5. Be it further enacted, That this Act shall be in is to commence force from and after the first day of June next, and not before. [March 13, 1806.] operation. Chap. 99. An ACT for regulating the Proceedings in Suits upon Sheriffs' Bonds, for the Use of any Person or Persons who are or may be entitled to the Benefit of the same. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when the condition of any bond, which now is, or menced and sheriff's bond- may hereafter be given to the Treasurer of the Common- How a suit is wealth, by any sheriff, for the faithful performance of the du- to be comties of his office, and to answer for the malfeasance and mis- prosecuted for feasance of all his deputies, shall be broken, to the injury of the breach of a any person, such person may cause a suit to be instituted upon with a proviso. such bond, at his own cost, but in the name of the treasurer, and the like endorsements shall be made on the writ, and the like proceedings be had thereon to final judgment and execu- 1786 ch. 55. tion, as may be made and had by a creditor on administration 1788 ch. 20. bonds given to any Judge of Probate: Provided however, That no such suit shall be instituted by any person for his own use, until such person shall have recovered judgment against the sheriff, his executors or administrators, in an action brought for the malfeasance or misfeasance of the sheriff or his deputy, or for non-payment of any monies collected by the sheriff or his deputy, in that capacity, or a decree of a Judge of Probate, allowing a claim for any of the causes aforesaid; and such judgment or decree, or so much thereof as shall be unsatisfied, with the interest due thereon, shall be the portion of the penalty for which execution shall be awarded. executors or SECT. 2. Be it further enacted, That actions for the malfea- Actions may be sance or misfeasance of any sheriff, or of any of his deputies, commenced may be sued against the executors or administrators of such against the sheriff, in the same manner as if the cause of such action sur- administrators of a sheriff, for vived against the executor or administrator at the common his misfealaw. Provided however, That this Act shall not be construed sances. to make any surety in any bond, given by the sheriff as aforesaid before the passing of this Act, liable to any suit which could not heretofore be legally prosecuted against him. of a bond. SECT. 3. Be it further enacted, That it shall be the duty of The treasurer the treasurer aforesaid to deliver an attested copy of any she- to give a copy riff's bond to any person applying and paying for the same; and such attested copy shall be received as evidence in any case: Provided nevertheless, That if in any suit the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond with him into court. [March 13, 1806.] An ACT to exempt certain Goods and Chattels of Debtors from Attachment and Chap. 100. Execution. 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 first day of May next, the wear- Articles exing apparel, beds, bedsteads, bedding, and household utensils of empted from any debtor, necessary for himself, his wife and children, the attachment. tools of any debtor, necessary for his trade or occupation, the bibles and school books which may be in actual use in his or her family, together with one cow and one swine, shall be alto- [* Further progether exempted from attachment and execution;* and no civil perty exemptofficer shall attach, levy upon, or take the same, or any part 1813 ch. 172. thereof, either upon mesne process or execution.-Provided 1817 ch. 108.] nevertheless, That the beds and bedding exempted as aforesaid shall not exceed one bed, bedstead, and necessary bedding to ed Debtors still to enjoy the beneact, taking an fit of a former oath in a new form. 1787 ch. 29. Repealed1816 ch. 55, and a new oath substituted. two persons, and household furniture the value of fifty dollars, upon any just appraisement. SECT. 2. Be it further enacted, That no debtor or debtors, Owning any of the goods and chattels aforesaid, shall be thereby precluded from the benefit of an Act, passed the nineteenth day of November, in the year of our Lord one thousand seven hundred and eighty-seven, entitled, "An Act for the relief of poor prisoners who are committed by execution for debt;" and instead of the oath or affirmation thereby prescribed to be taken, whenever the justices, thereby authorized to administer an oath or affirmation, shall think proper to administer such oath or affirmation, there shall be taken an oath or affirmation in form following, to wit: I do solemnly swear, before Almighty God, (or affirm, as the case may be,) that I have not any estate, real or personal, in possession, reversion, or remainder, sufficient to support myself in prison, or to pay prison charges, except the goods and chattels exempted from attachment and execution, by an Act, entitled, "An Act to exempt certain goods and chattels of debtors from attachment and execution;" and that I have not, since the commencement of this suit against me, or at any other time, directly or indirectly, sold, leased, or otherwise conveyed, or disposed of to, or entrusted any person or persons whomsoever, with all or any part of the estate, real or personal, whereof I have been the lawful owner or possessor, with any intent or design to secure the same, or to receive or to expect any profit or advantage therefor; or have caused or suffered to be done, any thing else whatsoever, whereby any of my creditors may be defrauded. So help me God; or (this I do under the pains and penalties of perjury) as the case may be. [March 13, 1806.] Add acts-1813 ch. 172: 1817 ch. 108. Chap. 101. An ACT providing for the Punishment of the Crimes of Burglary, and other breaking and entering of Buildings. Col. L. 1642. 47. 72. 1 Geo. I. ch. 1. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person, with intent to kill, rob, steal, commit 4W.&M. ch.6. a rape, or to do or perpetrate any other felony, shall in the 10 Geo. If night time break and enter, or having, with such felonious in1784 ch. 48. 65. tent, entered, shall in the night time break a dwelling-house, Punishment of any person then being lawfully therein, and such offender beburglary, or ing, at the time of such breaking or entering, armed with a being accesdangerous weapon, or arming himself or herself, in such house, with a dangerous weapon, or committing an actual assault upon any person lawfully being in such house; every such offender, and any person present, aiding, assisting or consenting in such burglary, or accessary thereto before the fact, by counselling, hiring, or procuring such burglary to be committed, who shall be duly convicted thereof in the Supreme Judicial Court, shall suffer the punishment of death. sary before the fact, when armed with a dangerous weapon. Punishment lar is not armed with a dangerous weapon. SECT. 2. Be it further enacted, That if any person, with inwhen the burg- tent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, shall, in the night time, break and enter, or having, with such felonious intent, entered, shall in the night time break a dwelling-house without being armed with a dangerous weapon, or without arming himself or herself, in such house, with a dangerous weapon, and without committing an assault upon any person lawfully being in such house; every such offender, and every person present, aiding and abetting |