Justice's sum mons. [And in the same manner substantially, all other offences are Dated at year day of of our Lord S company commanded by And the justice to whom such information is directed, and with whom it is left, shall file the same, and as soon as may be, he shall issue a summons to each person informed against as aforesaid, to be served at least seven days before the time appointed for shewing cause; which summons shall be in substance as follows: SS. in (SEAL) To the sheriff of said county, or either of his deputies, or either of the constables of the town of the county aforesaid, Greeting. In the name of the Commonwealth of Massachusetts, you are hereby required to summon C. D. of in the county aforesaid, to appear before me E. F. one of the Justices of the Peace for the county aforesaid, at at on the in day of of the clock in the noon, then and there to shew cause, if any he has, why judg ment should not be rendered that he has forfeited [here insert the offence, and the time when and place where it was committed.] Hereof fail not, and make due return of this for writ and your doings thereon, unto myself, on or before the said hour of the day of Dated of our Lord aforesaid, the day in the year E. F. Justice of the Peace. And when the person summoned as aforesaid shall appear, Person sumeither by himself or his attorney, he may plead the general is- moned may sue, and give any special matter in evidence; and if such per- plead the genson shall make default, or if judgment be rendered against him, eral issue. and he neglect for two days thereafter to satisfy the same, with Execution to legal costs, then the Justice of the Peace to and with whom the be issued in information shall have been directed and left as aforesaid, shall issue execution in substance as follows: COMMONWEALTH OF MASSACHUSETTS, SS. case of default. (SEAL.) To the sheriff of said county, or either of his depu- Form. ties, or either of the constables of the town of same county GREETING. Whereas E. L. clerk of the company, commanded by in said county, on the day of in the before J. D. Esq. for the sum of one of our Justices of the Peace for our county aforesaid, recov- in the whole; and also that out of the money, goods and chattels of the said T. P. you levy twenty-five cents more for this writ, together with your own fees; and for want of such money, goods or chattels of the said T. P. to be by him shown unto you, or found within your precinct, to the acceptance of the said E. L. for satisfying the aforesaid sums, we command you to take the body of the said T. P. and him commit unto our gaol in B, and we command the keeper thereof accordingly to receive the said T. P. into our said gaol, and him safely to keep* until he pay the full sums above mentioned, with your fees, or that he be dis- ly-1821 ch. charged by the said E. L. or otherwise by order of law. Here- 96.] of fail not, and make return of your doings therein unto our said justice, within twenty days next coming. Witness our said justice at B, the day of of our Lord one thousand eight hundred and in the year [*Six days on SECT. 36. Be it further enacted, That it shall be lawful to Summons may amend the summons issued against any non-commissioned of- be amended. ficer or private, in any stage of the proceedings, without paying costs. And no clerk shall be liable to pay any defend- Clerk not to ant costs, in any case in which the commanding officer of the pay cost, if company has endorsed his approval on the information of such captain apclerk. And no appeal shall be allowed from any judgment of No appeal una justice of the peace, when the forfeiture by him adjudged lessdoes not exceed ten dollars, exclusive of costs. SECT. 37. Be it further enacted, That the clerk of each com proves Clerk may retain to his own use one fourth part of the fines. Compensation tain officers. 1814 ch. 181. 1817 ch. 45. 1819 eh. 158. 1821 ch. 93. pany shall retain to his own use, one fourth part of all fines and forfeitures collected or recovered by him, and the residue he shall faithfully pay over to the commanding officer of the company, on demand; and the commanding officer of the company shall give his receipt to the clerk, for all money paid over to him as aforesaid. And it shall be the duty of every commanding officer of a company to expend such part of the money paid him by the clerk as may be necessary for defraying such company expenses, as a majority of the commissioned officers of the company shall judge to be necessary. SECT. 38. Be it further enacted, That the adjutant-general and allowed to cer- the quarter-master-general, the judge-advocates, brigade-majors, brigade-quarter-masters, and adjutants, shall receive compensation for their services, to be allowed by the General Court; and all officers serving on military boards, courts martial, and courts of enquiry, shall receive pay and rations, while necessarily employed thereon, at the same rate as when in actual service. And the adjutant-general shall make up pay rolls of such military boards, courts martial, and courts of enquiry, as may be ordered by the commander in chief; and the brigade-majors shall make up the pay rolls of such courts martial and courts of enquiry as may be ordered by the commanding of ficers of divisions, and are holden within the brigade, to which such brigade-major belongs; and the adjutant-general or brigade-major, as the case may be, shall lay the pay rolls before the General Court for allowance, and'shall receive payment, at the treasury, of the sums allowed, and pay the same over to the officers who performed the service. And each major-general is hereby authorized to appoint some suitable person or persons to distribute his orders; and the person or persons so appointed, shall be allowed by the General Court compensation for the services he or they may perform. Former laws repealed. 1786 ch. 37. SECT. 39. Be it further enacted, That all laws heretofore made for governing and regulating the militia, be, and they are hereby repealed, excepting an Act, entitled, "An Act for establishing rules and articles for governing the troops stationed in forts and garrisons within this Commonwealth, and also the militia, when called into actual service." Provided nevertheless, That all officers, actually in commission, agreeably to the laws which are hereby repealed, and in grades which either are or are not established by this Act, shall be continued in their commands, and the clerks of companies now in office shall be continued in office, and all actions depending in any court, by force of said laws, shall and may be prosecuted to final judgment and execution. [March 6, 1810.] Add. acts-1810 ch. 111: 1814 ch. 114: 1816 ch. 45: 1821 ch. 92. Chap. 109. An ACT to establish the Boundary Line between the Towns of Gardiner and Litchfield, in the Counties of Lincoln and Kennebeck. [March 6, 1810.] Chap. 110. An ACT to incorporate a Religious Society in the First Parish in Shapleigh. [March 6, 1810. Chap. 111. An ACT in addition to an act, entitled, "An Act to establish a Company, by the name of The Worcester and Stafford Turnpike Corporation." [March 6, 1810.] Further act-1819 ch. 113. 1805 ch. 33. An ACT in addition to an Act, entitled, "An Act for incorporating certain persons, Chap. 112. for the purpose of building a Bridge over Charles River, from the westerly part 1791 ch. 62. of Boston to Cambridge, and for extending the interest of the proprietors of Charles River Bridge for a term of years." [March 6, 1810.] An ACT to change the Names of certain persons therein mentioned. [March 6, Chap. 113. 1810.] An ACT to alter and amend the Constitution of The Board of Overseers of Harvard WHEREAS the members of the board of overseers of Harvard College as heretofore constituted cannot conveniently nor constantly attend to the diligent discharge of the duties enjoined on it: Chap. 114. Preamble. [The Senate added to the SECT. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Governor, Lieutenant-Governor, Councillors, Board of overPresident of the Senate, and Speaker of the House of Repre- seers. sentatives of the Commonwealth, and the president of Harvard College for the time being, with fifteen ministers of congregational churches, and fifteen laymen, all inhabitants within the State, to be elected as is hereinafter mentioned, shall forever hereafter constitute the board of overseers of Harvard College, they, or the major part of them, present at any legal meeting, to exercise and enjoy all the rights, powers and privileges, and to be subject to all the duties of the existing board of overseers of Harvard College: Provided however, That all the ministers. of congregational churches, who are members of that board, shall remain members of the board of overseers established by this Act, so long as they shall continue ministers respectively of their congregational churches, and no longer. board- SECT. 2. Be it further enacted, That as soon as conveniently Meeting of the may be, after this Act shall be in force, the present secretary present board. of the board of overseers, or if that office be vacant, the president, or a major part of the fellows of Harvard College, shall call a meeting of the overseers of Harvard College, to be holden at some suitable time and place, for electing fifteen laymen, inhabitants of the State, to be members of the board of overseers, the said meeting to be notified by publishing the time and place of holding the same, in each of the public newspapers printed in Boston, ten days at the least, before the time of holding the same, and the said elections to be made by ballot, by the major part of the overseers present, and all persons who then, if this Act had not been in force, would have been members of the board of overseers of Harvard College, shall have right to meet and vote in the said elections. Secretary to SECT. 3. Be it further enacted, That the board of overseers, as constituted by this Act, may, at any legal meeting, choose, be chosen and by a majority of votes, a secretary, when that office shall be sworn. vacant, who shall be under oath truly to record all the votes and proceedings of the board, and faithfully to discharge all the duties of his office; and the said board may at any legal meeting by a majority of votes determine, from time to time, when and in what manner its meetings shall be held, called, and notified; and at any legal meeting of the said board, the Governor, if present, to preside at the board. Governor, if present, shall preside, if not, the Lieutenant-Governor, if present, shall preside; in their absence, the oldest meetings of the member of the council present shall preside; if they also be absent, the president of the Senate shall preside, if present, but in his absence also, the speaker of the House of Representatives shall preside, and if neither of them be present, the greater part of the overseers present at such meeting shall choose a president pro tempore, and until one of the officers aforesaid shall be present. Provided nevertheless, That the secretary of the overseers shall have power to call a meeting of the said board at such times as he shall be thereto requested by the president and fellows of Harvard College, such meeting to be notified as the said board shall direct. Proviso. Seats of members removing, to be vacated. Vacancies to filled. Proviso. Be it further enacted, That when any minister of any congregational church, being a member of the said board, shall cease to have the ministerial relation he now has, or may have had at the time of his election, or when any member of the elective part of the said board shall remove out of the state, the place of such minister or member shall thereupon become vacant; and the said board may, at any legal meeting, by a vote of the greater number present, remove from his place any member of the elective part of the said board, who shall neglect to attend the meetings thereof, without reasonable excuse, when duly notified, or who by his immoral conduct shall have rendered himself unworthy of holding his place; but before any vote shall pass to remove any member, he shall have reasonable notice and a fit opportunity to be heard in his defence. SECT. 5. Be it further enacted, That for establishing a perbe immediately petual succession in the elective part of the said board, whenever a vacancy shall happen therein by death, resignation, or otherwise, the overseers may, at a legal meeting, by a majority of the votes present, fill.up such vacancy by electing therefor some suitable person, who shall be an inhabitant of the State: Provided however, That no minister of any congregational church shall be so elected, when there are fifteen ministers of congregational churches, members of the elective part of the said board, nor shall any layman be so elected, when there are fifteen laymen members of the elective part of the said board; but in all cases, when there are fifteen ministers and fifteen laymen, members of the elective part of the said board, there shall not be deemed to be any vacancy therein. SECT. 6. Be it further enacted, That this Act shall be in force when the overseers of Harvard College as heretofore constituted, and the president and fellows of Harvard College, shall agree to accept the provisions in this Act contained. [March 6, 1810.] Repealed-1811 ch. 157, and revived 1813 ch. 194. Chap. 115. An ACT in addition to an Act, entitled, "An Act establishing a Corporation, by the name of The Proprietors of the Union Wharf," in Salem, in the County of Essex. [March 6, 1810.] 1807 ch. 108. Chap. 116. An ACT providing for the payment of two fifth parts of the State Debt, and for other purposes. [March 6, 1810.] Repealed-1810 ch. 26. |