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Commonwealth, to him directed, to be served and executed, and when any survey. or or other person, shall be ordered or empowered by the Supreme Judicial Court, or any Court of Common Pleas, to survey any land, and such sheriff or deputy sheriff, or surveyor, or other person, shall be obstructed, or interrupted in the performance of the duty or service required or enjoined by such order or precept, or shall apprehend that such order or precept cannot be obeyed or executed without endangering his personal safety, such sheriff, deputy sheriff, surveyor or other per

son, lawfully acting in obedience to any such process, or order of the courts aforeRepealed said, may apply to any justice of the Supreme Judicial Court, or to any two or 1810 ch. 121.

more judges of the Court of Common Pleas, in any county, and represent to such justice or judges the danger which is apprehended; and if such justice or judges shall be of opinion that such representation is well founded, he or they shall require of the commanding officer of any brigade or regiment, within the division of militia wherein such danger is apprehended, to detach, at the expense of the Commonwealth, a sufficient number of the militia, to be specified in the order of such justice or judges, under the command of proper officers, to protect such sheriff, deputy sheriff, surveyor, or other person, in performance of his duty or duties, pursuant to the command contained in any such writ, precept, process, or order of court; and the part of the militia so detached shall be armed and equipped, for actual service, accordin, to law; and it shall be their duty to protect the aforesaid persons in the performance of their duties, as aforesaid, and to repel, by force, any attempt to obstruct the same, and also to seize, take and arrest, any person or persons who shall forcibly resist or oppose any officer, or surveyor, in the discharge of the duties aforesaid, or who shall aid or abet therein; and the persons so arrested, shall be brougiit before some Justice of the Peace, within and for the county in which the offence may be committed, for examination ; and it being made to appear to such justice, that the person or persons, so brought before him, were concerned or engage ed in opposing such oíħcer, or surveyor, or their assistants, or in aiding or abetting those concerned therein, it shall be the duty of such justice, and he is hereby authorized and required to recognize such person or persons, as well as all necessary witnesses, to appear before the justices of the Supreme Judicial Court next to be holden within and for the county in which the offence shall have been committed ; and in case of the neglect of such person or persons to find good and sufficient sureties, for their appearance at said court, the said justice shall make out his mittimus and commit them to prison; and on conviction of any person of either of the offences aforesaid, he shall be fined in a sum not exceeding one thousand dollars, be imprisoned for a term not exceeding one year, and find sureties to keep the peace and be of good behaviour for a term not exceeding three years, any and all of them at the discretion of the court wherein such offender shall be tried; and the justices of the Supreme Judicial Court may, and they are hereby authorized, to order such convicts to be confined in the gaol of any county within this Commonwealth, any

law, custom or usage to the contrary notwithstanding. Persons dis

Sect. 2. Be it further enacted, That if any person or perguising them

sons shall disguise himself, or themselves in the likeness of Inselves liable to indictment and

dians, or in any other manner, with intention to obstruct the penalty. execution of the laws of this Commonwealth, or shall disguise

himself, or themselves, with intention to intimidate or interrupt any sheriff, deputy sheriff, surveyor, or other person, in the legal performance of duties, or exercise of rights, under the constitution or laws of this Commonwealth, such person or persons, so disguised, shall be liable to indictment in the Supreme Judicial Court; and every person who shall be convicted of such offence, shall be fined in a sum not less than twenty dollars, nor exceeding five hundred dollars : and shall be imprisoned in the common gaol of the county in which the trial may

be had, for a term of time not exceeding one year, and shall be required to find surety for his or their good behaviour, for the term of one year, after the expiration of his or their imprisonment.

Sect. 3. Be it further enacted, That if any commanding officer of a brigade

or regiment shall refuse, or wilfully neglect to execute any orders which he may reRepealed ceive as aforesaid, to detach the militia under his command, or if any officer de1810 ch. 121.

tached shall refuse to march according to the orders which he may receive, for the support of the civil authority aforesaid, he shall be tried by a court martial, and shall be liable to indictment in the Supreme Judicial Court; and on conviction, shall be fined in a sum not less tban three hundred dollars, nor exceeding one thou. sand dollars.

Sect. 4. And be it further enacted, That if any non-commissioned officer or Soldiers refusprivate shall refuse to march, or perform the duty required of him by his superior ing to march officer or officers, in pursuance of this Act, such non-commissioned officer or private liable to indict. shall be liable to indictinent; and shall, on conviction, in the Court of Common ment. Pleas, or Supreme Judicial Court, be fined in a sum pot exceeding three hundred dollars, nor less than twenty dollars; and if any such person or persons, of the last mentioned description, shall desert from the service, on which he or they may be employed in pursuance of this Act, such person or persons shall be fined as aforesaid, on conviction as aforesaid, and in addition to such punishment, shall be imprisoned not exceeding one year, nor less than thirty days.

Sect. 5. Be il further enacted, That this Act shall be in force from and after the first day of June next. [March 6, 1810.) Repealed, except the second section

1810 ch. 121. An Act in further addition to an Act, entitled, “ An Act to establish a Corporation Chap. 124.

by the name of The Union Turnpike Corporation.” (March 6, 1910.] Further 1803 ch. 98.

add. acts--1818 ch. 82 : 1819 ch. 80. An Act in further addition to the Act, entitled, “ An Act to empower the Town Chap. 125.

of Boston to choose a Board of Health, and for preventing and removing nuisan- 1799 ch. 10.

ces.” [March 6, 1810.] New act-1815 ch. 44. An Act providing for the appointment of Commissioners for the settlement of the Chap. 126.

accounts of the Agent and Managers of the Amoskeag Lottery. [March 6, 1810.) An Act in addition to the several Laws regulating Elections, Chap. 197.

1795 ch. 55,&c. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the assistant assessors in any town wherein such officers Assistant asare, or may by law be chosen, shall, before entering on the du- lists of voters, ties of their respective offices, be sworn to the faithful discharge &c. thereof, and shall have the same powers, and they are hereby required to perform the same duties in their several wards, in collecting and making lists of all such inhabitants as are qualified to vote in any election, and also of all ratable polls, as assessors are by law required to do and perform. [March 6, 1810.) Further add. acts—1811 ch. 9 : 1813 ch. 68. 195. An Act directing the place where Actions by or against a County may be commen- Chap. 128. ced and prosecuted.

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 local or transitory action against the inhabitants of Where actions any county in this Commonwealth, in their corporate capacity, ty may be promay be commenced and prosecuted to final judgment and ex

secuted. ecution, either in the county where the plaintiff in such action lives, or in the county against which the action shall be brought, at the plaintiff's election ; and any local or transitory action, in which the inhabitants of any county shall be plaintiffs, may be by a county

Where actions commenced and prosecuted to final judgment and execution, in may be prosethe county where the defendant in such action shall live; un

cuted. less the defendant shall be an inhabitant of the same county, in which case the action may be commenced and prosecuted in either of the adjoining counties.

Sect. 2. Be it further enacted, That when any corporation shall be a party in an action commenced by or against the in- Where actions habitants of any county in this Commonwealth, in their corpo- co porations rate capacity, the action shall be commenced and prosecuted shall be to final judgment and execution, in one of the counties adjoin- brought. ing the county interested in the same, and not otherwise.

Where inhab Sect. 3. Be it furiher enacted, That any local or transitory itants of a actions against the inhabitants of any county, by any plaintiff's county shall bring actions. belonging to such county, shall be commenced and prosecuted

to final judgment and execution in such county or in an adjoin7 Mass. Rep. 461.

ing county, at the plaintiff's election.

Sect. 4. Be it further enacted, That any local or transitory Where one

actions, by the inhabitants of one county, against the inhabitcounty shall

ants of another county, shall be commenced and prosecuted to bring actions against an

final judgment and execution in any adjoining county. [March other.

6, 1810.] Chap. 129. An Act in addition to an Act to establish the Middlesex Turnpike Corporation. 1805 ch. 12. [March 6, 1810.1 Further add. acts—1810 ch. 120 : 1811 ch. 28 : 1819 ch. 62. Chap. 130. 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 reimbursement of thirty-four thousand five hundred and thirty-six dollars, paid out of the public treasury to the Members of the House of Representatives, for their at

tendance at the two last Sessions of the General Court. (March 5, 1810.) Chap. 1. An Act to change the name of Loudon in the County of Berkshire. (June 13,

1810.) Chap. 2.

An Act to amend an Act, entitled, “ An Act to establish the line of jurisdiction 1808 ch. 34.

between the towns of Blandford and Chester in the County of Hampshire.” [June

13, 1810.] Chap. 3. An Act in addition to an Act, entitled, “An Act to incorporate Nicholas Thorn1809 ch. 35.

dike and others into a Company, by the name of The Beverly Marine Insurance Company.” (June 13, 1810.] Further add. acts-1811 ch. 3 : 1813 ch. 1: 1816

ch. 54: 1821 ch. 36. Chap. 4.

An Act to set off Asa Worthley, with the lot of land on which he now lives, from

the Second Territorial Parish in North Yarmouth in the County of Cumber

land, and annex him to the First Parish in said Town. [June 13, 1810.) Chap. 5. An Act to incorporate certain persons by the name of The Portland Hat Manu

factory. [June 13, 1810.) Chap. 6.

An Act to set off Samuel Spofford, with his dwelling house and adjoining land,

from the Second or West Parish in Rowley, to the Second or West Parish in

Boxford. [June 13, 1810.] Chap. 7.

An Act to amend an Act, entitled, “An Act to incorporate a part of the Towns 1807 ch. 48.

of Boylston, Holden, and Sterling, into a separate Town by the name of West

Boylston." (June 13, 1810.] Chap. 8.

An Act to alter the names of the several persons therein mentioned. (June 13,

1810.]

Chap. 9.

An Act to incorporate Thomas Shepherd and others, by the name of The Nor

thampton Cotton and Woollen Manufacturing Company. (June 13, 1810.)

Chap. 10.

Chap. 11.

An Act to incorporate a number of persons in the Town of Orange, by the name

of The Orange Cotton Factory Company. (June 13, 1810.] An Act to incorporate a number of the inhabitants of the Towns of Ashby and

Fitchburg, in the south-west part of the County of Middlesex, and the north part of the County of Worcester, into a distinct and separate Religious Society, by the name of The First Baptist Society in Ashby and Fitchburg. [June 14,

1810.) An Act supplementary to the Act to incorporate the Proprietors of St. Peter's

Church in Salem, in the County of Essex. (June 14, 1810.] Further add, act1812 ch. 119.

Chap 12. 1793 ch. 46.

Chap. 13.

An Act to set off Edward Cole from the First Parish in the Town of Middlebor

ough, and to annex him and his estate to Tetiquot Parish, (so called) in said Town. [June 14, 1810.)

An Act to divide the Town of Granville, in the County of Hampshire, and to es

Chap 14. tablish the West Parish thereof as a separate Town, by the name of Tolland.

[June 14, 1810.) An Act to incorporate Simon Greenleaf and others, by the name of The Trustees

Chap. 15. of the School Fund in Gray, and for other purposes. [June 14, 1810.] An Act appointing Commissioners to settle the accounts of the Managers of the Chap. 16.

Dixville Road Lottery. [June 14, 1810.) An Act to incorporate certain persons, by the name of The First Universal Chris. Chap. 17.

tian Society in Fryeburg. (June 14, 1810.] An Act in addition to an Act, entitled, “An Act establishing a Corporation, by Chap. 18.

the name of The Marblehead Social Insurance Company.” (June 14, 1810.] 1809 ch. 14.

Further add. acts--1811 ch.2 : 1813 ch. 8 : 1817 ch. 24 : 1819 ch. 9. An Act to incorporate the Honourable Stephen Jones, Esq. John Cooper and Eb- Chap. 19.

enezer Inglee, Esquires, and other proprietors of a Meeting-house in the town of Machias, in the County of Washington, for the purpose of finishing and repair

ing the same. (June 14, 1810.] An Act to extend the charter of the Worcester and Fitzwilliam Turnpike Corpor- Chap. 20. ation. (June 14, 1810.) Further act-1811 ch. 115.

1805 ch. 16. An Act in further addition to an Act, entitled, “ An Act to secure, the Town of Chap. 21.

Boston from damage by Fire, and repealing certain parts thereof,” passed Feb. 1802 ch. 58. ruary 9, 1803. [June 14, 1810.) Further add. act—1811 ch. 73. ‘All repeal

ed-1817 ch. 171. An act determining the times and place for holding the Court of Common Pleas, Chap. 22.

within and for the County of Somerset, and for other purposes. (June 14,

1810.) An Act to incorporate the proprietors of the Second Congregational Meeting-house Chap. 23.

in Nantucket. (June 14, 1810.) An Act to incorporate a number of the inhabitants of the Town of Thomaston, in Chap. 24.

, in (June 14, 1810.] An Act to incorporate sundry persons by the name of The First Congregational Chap. 25.

Society in the Town of Vassalborough. [June 14, 1810.] An Act repealing “ An Act providing for the payment of two fifth parts of the Chap. 26.

State Debt, and for other purposes,” and providing for the payment of one fifth 1809 ch. 116. part of the State Debt and for other purposes. [June 14, 1810.)

An Act in further addition to an Act, entitled, “ An Act to divide the County of Chap. 27.

Kennebeck, and to constitute the northerly part thereof into a County, by the 1808 ch. 62. name of the County of Somerset.” (June 14, 1810.) Further add. act-1812 ch, 103.

An Act in addition to an Act, entitled, “ An Act to incorporate Ebenezer Beck. Chap. 28. ford and others, for the purpose of establishing an Iron Manufactory, and other

1799 ch. 80. purposes therein mentioned.” (Feb. 8, 1811.)

An Act to incorporate Joseph Hewins and others, by the name of The Sharon Chap. 29.

Cotton Manufacturing Company. (Feb. 8, 1811.) An Act to allow a further time to the proprietors of the Alford and Egremont Chap. 30.

Turnpike Corporation to complete their Road. (Feb. 12, 1811.) Further act— 1805 ch. 96. 1811 ch. 68.

An Act to incorporate a number of persons in the Town of York, by the name of Chap. 31.

The York Cotion Factory Company. [Feb. 12, 1811.) An Act to establish a Corporation, by the name of The Tyringham and Sandis- Chap. 32.

field Turnpike Corporation. (Feb. 12, 1811.) An Act to allow a further time to the Wrentham and Walpole Turnpike Corpora- Chap. 33. tion to compiete their Road. (Feb. 14, 1811.)

1805 ch. 109. VOL. II.

34

Chap 34. An Act in addition to an Act, entitled, “An Act to incorporate sundry persons

by the name of The Trustees of Donations to the Protestant Episcopal Church.” 1809 ch.91.

[Feb. 14, 1811.) Chap. 35. An Act establishing The Portland Duck, Twine and Line Manufactory. (Feb.

16, 1811.) Chap 36. An Act for the settlement of estates of persons deceased, wherein Judges of Pro

bate may be interested.

BE it enacted by the Senate and House of Representatives, in General Court asProvision for

sembled, and by the authorily of the same, That whenever any Judge of Probate settling estates

shall be interested in the estate of any persons deceased within his county, the in which

same shall be settled in the Probate Court of the most ancient next adjoining Judges of Pro. county, and the will, if any, of such deceased may be proved, or administration bate are inter- granted, as the case may require, and all other forms and proceedings had thereon ested.

in such adjoining county as though such deceased had belonged to or died within the same.

And whenever due application shall be made in writing to the Judge of Probate of such adjoining county for the probate of a will, or the granting letters of administration in virtue of this Act, he shall, after giving due public notice thereof, proceed thereon and settle such estate as fully, and to all intents, as he might any other estate within his proper jurisdiction ; exc 'pting, however, that when the Judge of P:obate of Nantucket or Dukes County shall be interested in the estate of any person deceased within his jurisdiction, the same shall be settled

in manner as herein before mentioned, in the Probate Court of the county of BarnProviso. stable. Prorided howerer, That nothing in this Act shall take away the right of

appeal to the Supreme Court of Probate, as in other probate cases. (Feb. 16,

1811 ) Repealed-1917 ch. 190, 145. Chap. 37. An Act to incorporate Township Number Three, in the fourth range of Town

ships north of the Waldo Patent, into a Town, by the name of Exeter. (Feb.

16, 1811.] Chap. 38. An Act establishing an Academy in the Town of Saco, in the County of York, by

the name of Saco Academy. (Feb. 16, 1811.) Chap 39. An Act in further addition to an Act, entitled, “An Act for establishing The

Fifth Massachusetts Turnpike Corporation.” (Feb. 16, 1811.) Further add. 1798 ch. 85.

act--1815 ch. 20.

Chap 40.

Chap 41.

Chap 42.

Chap. 43.

Chap 44.

An Act to incorporate Township Number Two, in the fifth range of townships

north of the Waldo Patent, into a Town, by the name of New Charleston.

(Feb. 16, 1911.) An Act to incorporate township Number Three, in the fifth range of townships

north of the Waldo Patent, into a Town, by the name of Garland. (Feb. 16,

1811.) An Act to incorporate the plantation Numbered Four, in the County of Washing

ton, as a Town, by the name of Robbinston. (Feb. 18, 1811.) An Act to annex Henry Sawin, with his family and estates, to the Town of Wa

terford. (Feb. 18, 1811.] An Act to incorporate a number of the inhabitants of the Town of Savoy, in the

County of Berkshire, into a Religious Society, by the name of The First Con

gregational Society in Savoy. [Feb. 18, 1811.] An Act to annex a part of the Town of Wilton to the Town of Chesterville, in

the County of Kennebeck. (Feb. 18, 1811.) An Act establishing The Gardiner Iron Factory Company. (Feb. 18, 1811.) An Act in addition to an Act, entitled, “An Act to incorporate Jonathan Mason

and others, into a Company, by the name of The Union Marine Insurance Company.'

(Feb. 21, 1811.) Further add, act-1816 ch. 59. An Act in addition to the several Acts for incorporating a certain part of the Town

of Lee, into a District, by the name of The Hopland School District. (Feb. 21,

1811.)
An Act to incorporate a number of persons in the Towns of Bellingham, Mendon,

Millord, and Franklin, as a Religious Society, by the name of The First Baptist
Society in Bellingham. (Feb. 21, 1911.)

Chap 45.

Chap. 46.
Chap 47.

1803 ch.92.

Chap. 48. 1790 ch.26, &c,

Chap 49.

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