respectively, to try, according to the established forms and principles of law, all causes which shall be committed to them, and to decide at their discretion, by a general verdict, both the fact and the law, involved in the issue; or to find a special verdict or a general verdict, subject to the opinion of the court on a case or point stated and reserved by agreement of the parties, or their council, under the direction of the court, as making a part of the record to be entered as such; and in case such jurors, after a due and thorough deliberation on any civil cause, with which they may be charged, shall return into court without having been able to agree on a verdict, it shall be in the discretion of the court, explaining to them its understanding of questions of law, if any should be proposed, and re-stating what any witness had testified, should that be requested by the jury, to send them out again for further deliberation; and if the jury Juries not to should return a second time without being able to agree on a be sent out but verdict, they shall not be liable to be sent out a third time, un- twice, unlessless they shall state some legal difficulties for explanation, which had not been previously attended to by the court. SECT. 16. And be it further enacted, That the grand jurors who shall attend at the Supreme Judicial Court, the Court of Jury fees. Common Pleas, or the Municipal Court for the town of Boston, and the jurors for trials who shall attend either of the courts aforesaid, shall each be allowed one dollar and twenty-five cents a day for their attendance, and six cents a mile for their travel out and home; to be paid out of the county treasuries respectively. Penalties for SECT. 17. And be it further enacted, That the selectmen, town constable, clerk of the town, clerk of the court, sheriff or juror, neglect of duty. who having no justifiable cause therefor, shall neglect to discharge the duties incumbent on them, him, or it respectively by this Act, shall be subjected to the respective fines and amercements named to be assessed, ordered and imposed by the court, in reference to whose jurors such neglect or failures may have taken place; namely, a fine not exceeding twenty dollars, at the discretion of the court, on any selectmen or town clerk, who shall so neglect to perform his or their duty herein prescribed, as by means whereof the jurors called for from his or their town shall not be returned; a fine not exceeding twenty dollars, at the discretion of the court, on any constable who shall so neglect to perform the duties devolved on him by this Act, by means whereof there shall be a failure of the jurors called from his town as aforesaid; a fine or amercement not exceeding one hundred dollars, at the discretion of the court, on any town which shall so neglect the duties herein enjoined on it, or thereby to occasion a failure of the jurors called for from such a town; a fine at the discretion of the court, not exceeding fifty dollars, on their clerk, or the sheriff, who shall so neglect the duties enjoined on them respectively by this Act, as to prevent a compliance with any of its provisions; a fine on any juror drawn, notified and returned, in the manner as above described, who shall unnecessarily fail in his attendance, and not being an inhabitant of Boston, Salem, Newburyport or Portland, of fraud. not exceeding twenty dollars, and if an inhabitant of either of these towns, not exceeding forty dollars, to be divided equally among the jurors who shall attend and serve; and a fine not exceeding eighty dollars, on any town clerk or selectman who Penalty in case shall be guilty of any fraud, either in practising on the jury box previously to a draft, or in the drawing a juror, or in returning the name of any juror into the box, which had been fairly drawn out, and drawing or substituting some other one in his stead, or in any other way whatsoever; and all such Appropriations fines, which the selectmen, constable, town clerk, sheriff, or of fines. clerk of a court, shall incur by virtue of this Act, for any neglect, shall be to the use of the county in which the offender dwelt at the time of the neglect, to be recovered by indictment, information, or on action brought by the treasurer of the county, before any court having jurisdiction of the offence, provided the action shall be brought within twelve months after the offence shall have been committed; such fines or amercements as shall be ordered or imposed on towns, for any neglect of their duties as before specified, shall be to the use of the county in which the offending town may be; and all fines and forfeitures for any of the frauds, by town clerks or selectmen as abovementioned, shall be recovered by action of debt, in any court having jurisdiction thereof; one moiety thereof to be, and enure to the Commonwealth, the other moiety to him or them who shall prosecute and recover the same. And if any person obtaining a verdict in his favour, in any court in this Commonwealth, shall, during the session of the said court in Gratuities for which such verdict shall be obtained, give to any of the jurors in said cause, knowing him or them to be such, any victuals, drink, or entertainment, or other article by way of treat or gratuity, whether before or after such verdict, on due proof thereof it shall be a sufficient reason, at the discretion of the court, to set aside the verdict, at the election of the adverse party, and award a new trial of the cause. bidden. Former acts repealed. Proviso. SECT. 18. And be it further enacted, That all jurors that shall be selected, drawn or returned, in pursuance of the present existing law or laws, until the fourth day of July next, shall be considered as regularly returned, and competent to the duties for which they may have been so returned; after which time all Acts and clauses of Acts, coming within the purviews of this Act, and so far forth as their subjects are taken up and provided for by this Act, shall be considered as repealed, and they are hereby repealed: Provided always, that any right or rights, action or actions, remedies, fines, forfeitures or privileges,which may then have occurred under any of the said existing laws, or clauses of the same, in any manner whatever, which may not then have been realized, executed, or definitively acted on, may be prosecuted and executed, and such proceedings had thereon as would have been done or had, and in the same manner as if this Act had not been passed: And provided also, that all jurors which before that time shall have been regularly returned under the existing laws, shall exercise their rights and perform their duties as if this Act had not passed. [March 12, 1808.] Add. act-1812 ch. 141. An ACT to apportion and assess a Tax of one hundred and thirty-three thousand three hundred and two dollars and fifty-two cents, and providing for the reim- Chap. 141. bursement of thirty-six thousand one hundred and thirty-two dollars, paid out of the Public Treasury to the Members of the House of Representatives, for their attendance at the two last Sessions of the General Court. [March 12, 1808.] An Acr in addition to an Act, entitled, "An Act to establish the Pond Street Cor- Chap. 1. poration." [June 10, 1808.] 1805 ch. 89. An ACT in addition to an Act, entitled, "An Act in further addition to an Act en- Chap. 2. titled an Act for incorporating James Sullivan, Esq. and others, by the name and style of The Proprietors of the Middlesex Canal." [June 10, 1808.] Further add. acts-1809 ch. 19: 1810 ch. 53: 1812 ch. 113. 115: 1814 ch. 100. 1793 ch. 21. An ACT in addition to an Act, entitled, "An Act to incorporate the Boston Marine Chap. 3. Insurance Company." [June 10, 1808.] 1798 ch. 50. An ACT in addition to an Act, entitled, "An Act to establish the Nashua Turnpike Chap. 4. Corporation." [June 10, 1808.] An ACT in addition to an Act, entitled, "An Act authorizing a Lottery for the purpose of completing Hatfield Bridge." [June 10, 1808.] An Act to incorporate a Baptist Society in the Town of Egremont. [June 10, 1808.] 1807 ch. 50, Chap. 5. 1806 ch. 1. Chap. 6. An Act to establish the Douglas, Sutton and Oxford Turnpike Corporation. June Chap. 7. 10, 1808.] An Act in addition to an Act, entitled, "An Act to incorporate the Proprietors of Chap. 8. Mills on Charles River." (June 10, 1808. Further add. act-1817 ch. 56. 1797 ch. 45. An Act to incorporate a number of the inhabitants of the Town of Freeport, and Chap. 9. other places adjoining, in the County of Cumberland, into a Religious Society, by the name of the Calvinistic Baptist Society in Freeport. [June 10, 1808.1 An ACT to incorporate Ephraim Perkins and others into a Religious Society, by the Chap. 10. name of the Proprietors of the Meeting House in the first Congregational Society in Becket. [June 10, 1808.] An ACT establishing a Corporation, by the name of the Salem Union-Street Cor- Chap. 11. poration. [June 10, 1808.] An ACT in addition to an Act, entitled, "An Act to incorporate certain persons to Chap. 12. lay out and build a Turnpike Road and Bridges, from the Post Office near the Great Ponds, in the town of Middleborough, to the Braintree and Weymouth 1803 ch. 91, Turnpike, leading from Weymouth Landing to Queen Ann's corner, in Hingham." [June 10, 1808.] An ACT to set off Samuel Spofford, with his dwelling house and adjoining land, Chap. 13. from the town of Rowley, and annex the same to the town of Boxford. [Juné 10, 1808.] An ACT to set off Thomas Woodberry, Jun. and others, from the first Parish in Chap. 14. Beverly, and to annex them to the third Congregational Society in said Beverly, [June 10, 1808.] An Act in addition to an Act, entitled, "An Act to incorporate Aaron Davis and Chap. 15. others, by the name of the Worcester Turnpike Corporation," passed the seventh day of March, in the year of our Lord one thousand eight hundred and six. 1805 ch. 67. [June 10, 1808.] Further add. act-1808 ch. 71. An Act in addition to an Act, entitled, "An Act for incorporating certain persons Chap. 16. for the purpose of building a Bridge over Connecticut River, between the towns of Springfield and West Springfield, and for supporting the same." [June 10, 1808.] 1802 ch. 79. An Act in addition to an Act, entitled, "An Act to incorporate Joseph Newell, Chap. 17. Ebenezer Niles, Abner Gardner and others, for the purpose of building a Bridge 1807 ch. 13. across Mill-Creek." [June 10, 1808.] An Act to incorporate a number of the inhabitants of the towns of Gray and Wind- Chap. 18. ham, in the County of Cumberland, into a distinct and separate Religious Socie ty by the name of the Methodist Society in Gray and Windham. [June 10, 1808.] Chap. 19. Actions to be brought in An ACT regulating the commencement of certain actions, in which the Inhabitants of the Town of Boston, in the County of Suffolk, shall be a party. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all actions to be commenced hereafter, wherein the inhabitants of the town of Boston, in the county of Suffolk, in their corporate capacity, shall sue or be sued, and which cannot now by law be brought in any other county than the county [*Middlesex or of Suffolk, may and shall be brought in the county of Nolfolk,* any law to the contrary notwithstanding. Norfolk county. Essex-1815 ch. 103.] Sheriff of Suf folk may serve writs, and in which town of Boston is a party. Chap. 20. 1805 ch. 24. Chap. 21. SECT. 2. Be it further enacted, That the sheriff of the county of Suffolk, or his deputy, be, and hereby he is authorized to serve and execute within the said county of Suffolk, all writs and precepts to the said sheriff, or his deputy, legally directed, wherein the said inhabitants of the town of Boston may be a party, notwithstanding the said sheriff or his deputy may be an inhabitant of said town. [June 10, 1808.] Add. act1815 ch. 103. An Acr in addition to an Act, entitled, "An Act to authorize the several Banks incorporated within this Commonwealth, to issue bills of the denomination of One, Two and Three Dollars. [June 10, 1808.] This act respects Maine Bank only. An ACT for altering the terms of the Municipal Court of the Town of Boston. [June 10, 1808.] Repealed-1813 ch. 178. Chap. 22. Chap. 23. An ACT to alter the names of certain persons therein named. [June 10, 1808.] An ACT to change the name of Samuel M. Bumside, of Charlestown, in the County of Middlesex, and to render valid the doings of said Samuel, under the name of Samuel M. Burnside. [Nov. 17, 1808.] Chap. 24. Towns may men. An ACT to change the name of Harris Tuckerman. [Nov. 17, 1808.] An ACT to empower the several Towns in this Commonwealth to excuse such of their inhabitants, as are Enginemen, from serving as Jurors in any Court within this Commonwealth. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all persons legally attached to any engine within this Commonexcuse engine- wealth, be and they hereby are excused from being chosen or drawn to serve as jurors in any court within this Commonwealth, in all cases where the town, to which such enginemen belong, shall at a legal meeting of its inhabitants, by vote, declare the expediency of excusing such persons from serving as jurors. [Nov. 17, 1808.] Chap. 26. Chap. 27. 1799 ch.42. Chap. 28. 1795 ch. 71. Former act ex An ACT to establish an Academy at Limerick, in the County of York, by the naine of Phillips Limerick Academy. [Nov. 17, 1808.] An ACT to render valid the doings of the Maine Fire and Marine Insurance Company. [Feb. 18, 1809.] An ACT in addition to an Act, entitled, "An Act to prevent the destruction of BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all the provisions, restrictions, and penalties of, and proceedings directed in an Act passed in the year of our Lord, one tended to Berk- thousand seven hundred and ninety-six, entitled, "An Act to prevent the destruction of oysters, and other shell fish, in this Commonwealth," be, and the same are hereby extended to the town of Berkley, in the county of Bristol. [Feb. 18, 1809.] ley. An ACT in addition to the several acts concerning Franklin Academy, in the north Chap. 29. parish of Andover, in the County of Essex. [Feb. 18, 1809.] 1803 ch. 27. An Act in further addition to an Act, entitled, "An Act to establish a Corporation Chap. 30. by the name of the Union Turnpike Corporation." [Feb. 18, 1809.] Further 1803 ch. 98. add. acts-1809 ch. 124: 1818 ch. 82: 1819 ch. 80. An Act to render valid and effectual certain doings of the Court of Sessions in Chap. 31. County of Washington. [Feb. 22, 1809.] An ACT to establish the line of jurisdiction between the Towns of Blandford and Chap. 32. Russell, in the County of Hampshire. [Feb. 22, 1809.] An ACT making a further alteration in the Toll of Essex Merrimack Bridge. [Feb. Chap. 33. 22, 1809.] Further act-1813 ch. 103. An ACT to establish the line of jurisdiction between the Towns of Blandford and 1791 ch. 35. Chester, in the County of Hampshire. [Feb. 22, 1809.] Amended--1810 ch. 2. Chap. 34. An ACT to incorporate the District of Leyden, in the County of Hampshire, into a Chap. 35. town by the name of Leyden. [Feb. 22, 1809.] An ACT in addition to an Act, entitled, "An Act to incorporate sundry persons by Chap. 36. the name of The President, Directors and Company of the Portland Bank." [Feb. 23, 1809.] An ACT in addition to an Act, entitled, "An Act to and others, by the name of The Marine Society." 1799 ch. 4. incorporate William Starkey Chap. 37. [Feb. 23, 1809.] 27 Geo. II.- An ACT to incorporate the plantation numbered One, in the second range of Townships on the east side of Kennebeck river, north of the Plymouth Claim, in the Chap. 38. County of Kennebeck, into a town by the name of Solon. [Feb. 23, 1809.] An ACT to incorporate a Baptist Society in Boothbay. [Feb. 23, 1809.] Chap. 39. An Act to incorporate Shubael Bell and others into a society, by the name of the Chap. 40. Charitable Irish Society. [Feb. 23, 1809.] An ACT in addition to an Act, entitled, "An Act to incorporate James Gray and others, for the purpose of maintaining a Boom across Saco River, between Bidde- Chap. 41. ford and Saco, in the County of York." (Feb. 23, 1809.] An ACT in addition to an Act, entitled, "An Act to authorize John Wood to build a mill-dam, with a passage way across Aponneganset River, in the town of Dart mouth," passed the sixth day of February, one thousand eight hundred and seven. [Feb. 23, 1809.] 1804 ch. 89. Chap. 42. 1806 ch. 30. An ACT to incorporate the District of Tyngsborough, in the County of Middlesex, Chap. 43. into a Town by the name of Tyngsborough. [Feb. 23, 1809.]. An ACT to set off certain land from the Town of Charlton, and to annex it to the Chap. 44. Town of Oxford. [Feb. 23, 1809.] An ACT to incorporate a Baptist Society in the towns of Barnstable and Yarmouth. Chap. 45. [Feb. 23, 1809.] An Act in addition to an Act, defining the general powers and duties, and regulat- Chap. 46. ing the office of Sheriff. 1783 ch. 44. until a new SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Gaoler to hold same, That in case of the death of the sheriff of any county, his office after any gaoler, by him specially appointed, shall continue in the sheriff's death, office of gaoler, and retain and have the custody, rule, and sheriff is charge of the gaol of which he had the custody, rule and charge, appointed, or under such sheriff, and of all prisoners within such gaol, or who he is removed may be afterwards committed to his custody, until a successor nor. to such deceased sheriff shall be appointed and qualified as the law directs, or until the Governor, by and with the advice of the Council, shall remove such gaoler and appoint another person; which removal and appointment, the Governor, by and VOL. II. 26 by the Gover |