Clerks to be appointed by the Governor. nominated and appointed by the Governor, with the advice of the Council, during pleasure, one person in each county in this Commonwealth, who shall be clerk of all the judicial courts holden in the same county, and shall have the care and cus13 W.III.ch.15. tody of all the records, files, and proceedings which have heretofore been had, and now remain in the respective offices of either of the clerks of the Supreme Judicial Court or Court of Common Pleas; and who shall be clerk of all the judicial courts holden in the same county, under the authority of this Commonwealth, and who shall do and perform all the duties, services, acts, matters, and things, which he as clerk of either of said courts ought by law to do and perform. Duties of clerks. To be under oath, and to give bond. Tine limited to pay the treasurer. Original papers to be used on appeals. Court to provide secure places for records. 1911 ch. 165. Present clerks to remain in of fice till September. Time of the act to take effect. Chap. 9. 1785 ch. 75. SECT. 2. And be it further enacted, That the several clerks, to be appointed by virtue of this act, shall keep a true and exact account of all the monies they shall receive by virtue of their office, and shall, on the first Wednesday of January annually, render to the treasurers of their respective counties, under oath, a true account of the whole sum thus by them received, and after deducting twelve hundred dollars (if they shall have received so much) which shall be held and retained for their own use, they shall pay over the one half of all the residue to their respective county treasurers for the use of the county. SECT. 3. And be it further enacted, That every such clerk, before he shall enter upon the duties of his office, shall be swoin or affirmed to do and perform all the duties appertaining to his office, and such clerk shall also give bond to the Commonwealth, to the acceptance of the Governor and Council, in a penal sum, not less than ten thousand dollars, with two or more sureties, conditioned that he will well and faithfully do and perform all the duties and pay over all the monies he is required by this act to do and perform, and for the safe keeping and immediate delivery of all the records, files, papers and muniments in said office, to his successor, upon his leaving said office; which bond shall be lodged in the office of the Treasurer of this Commonwealth. SECT. 4. And be it further enacted, That each of the clerks aforesaid shall be required to pay over to the treasurer of the county, for which he may be appointed, all monies received by him, which has heretofore been ordered to be paid into the county treasury for the use of the county or Commonwealth, within thirty days from the adjournment of the courts at which he may have received the same. SECT. 5. Be it further enacted, That upon any appeal hereafter made, entered or prosecuted before the Supreme Judicial Court (except in those counties where there is not any term of the Supreme Judicial Court now holden) it shall not be the duty of the appellant or plaintiff in review to produce copies of the case, suit or process, but it shall be the duty of such clerk to produce and furnish all the original papers, as the same may remain on file in his office, with the docket of the courts of the term when such action was terminated, and nothing hereafter shall be taxed for copies on any such appeal or review, except such papers, copies and documents, as the justices of the Supreme Judicial Court may order to be furnished by the appellant or plaintiff in review. SECT. 6. And be it further enacted, That it shall be the duty of the court exercising the power of Courts of Session in each county, as soon as convenient, to provide an office of stone or bricks, which shall be fire proof, well arranged and provided with suitable alcoves, cases and boxes, for the safe keeping of all the records, files, papers and documents, which now remain in the clerks' offices in the several counties, and which may hereafter accumulate in such offices, at the expense of each county respectively, where such office has not already been provided. SECT. 7. And be it further enacted, That the clerks now in office shall continue to do and perform all the duties of their respective offices, until the first day of September next, and until others are appointed and qualified according to the provisions of this Act. And in case of a vacancy in said office, or the absence of any clerk, the judges of the several courts are hereby authorized and empowered to appoint a clerk, who is hereby authorized to do and perform all the duties of clerk during such vacancy or absence; and it shall be the duty of the several clerks now in office to deliver over to their successors all the records, files and papers in their respective offices, immediately upon the appointment of such suc cessor. SECT. 8. And be it further enacted, That this Act shall take effect and have force from and after the first day of September next, and all parts of Acts inconsistent with the provisions contained in this Act are hereby repealed. June 13, 1811.] Repealed, except the sixth section-1813 ch. 77. An ACT regulating the choice of Town Officers and Town Meetings. Provise. tatives, in General Court assembled, and by the authority of the same, That every male citizen of this Commonwealth of twenty-one Qualification years of age and upwards, liable to be taxed, who has resided of voters. within any town, plantation or district for one year next preceding his voting, shall be entitled to vote in such town, district or plantation, in the election of all town officers: Provided however, That no person shall be entitled to vote who is supported as a pauper; and every citizen as aforesaid, who has resided within any town, district or plantation, for one year as aforesaid, and during said term has been taxed for his poll, or any estate in any tax voted to be raised by said town, district or plantation, shall be entitled to vote in all other town affairs. SECT. 2. Be it further enacted, That the election of moderator of all town meetings for the choice of town officers, (ex- certain officers cepting in the town of Boston) of town clerks, selectmen and to be by ballot. assessors, shall be by written ballots, and during the election of the moderator for any town-meeting, the town clerk shall preside and shall have all the powers and do all the duties which the moderator of a town-meeting now by law has and does perform. Elections of to be examined SECT. 3. Be it further enacted, That if the moderator or se- Ballots for lectmen presiding at any town-meeting, without the consent of candidates not the voter, shall read or examine, or permit any other person till close of to read or examine the name or names written on his ballot or poll. ticket, with a view to ascertain the name of the candidate voted for, before the poll is closed, the moderator, selectmen or selectman, so offending, shall each of them on conviction forfeit and pay to the use of such town the sum of twenty dollars, to be recovered by indictment in any court proper to try the same. SECT. 4. Be it further enacted, That all parts of any Acts, inconsistent with this Act, be, and the same are hereby repealed. [June 18, 1811.] Explanatory act-1817 ch. 77. An ACT respecting the offices and duties of the Attorney-General, Solicitor-Gene- Chap. 10. ral, and County Attornies. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That, an Act entitled, "An Act repealing the first sec- Act repealed. tion of an Act, entitled, an Act respecting the offices and duties 1809 ch. 32. of the Attorney-General, Solicitor-General, and County Attornies," passed the twentieth day of June, in the year of our Lord one thousand eight hundred and nine, be, and the same hereby is repealed. SECT. 2. Be it further enacted, That the first section of an Act, entitled, "An Act respecting the offices and duties of the Attorney-General, Solicitor-General, and County Attornies," be, and the same is hereby revived. [June 18, 1811.] An ACT for allowing further time to the Stoughton Turnpike Corporation for completing their Road. (June 19, 1811.] Act revived. 1807 ch. 18. Chap. 11. 1806 ch. 19. An ACT to establish The First Baptist Society in Woolwich, in the County of Lin- Chap. 12. coln. June 19, 1811.] Chap. 13. Chap. 14. Chap. 15. An ACT to annex Peter Tufts, and a Chap. 16. An ACT to alter and establish the Line between the Towns of Dana and Greed. An ACT to annex a part of the Town of Sharon to the Town of Walpole, in the part of his estate, to the Town of Charles- An ACT to incorporate The First Baptist Society in the Town of Rowley. [June 21, 1811.] Chap. 17. An ACT to establish the Town of Corinth. [June 21, 1811.] Chap. 18. An ACT establishing The North West River Canal Corporation. [June 21, 1811.] Add. acts-1815 ch. 46: 1817 ch. 150. Chap. 19. An ACT to establish The Independent Christian Baptist Society in the Town of Chap. 20. Chap. 21. An ACT to establish The First Baptist Society in Fairfax. June 21, 1811.] Chap. 22. An ACT in addition to the several Acts defining the limits of the Towns of Conway, Chap. 23. Chap. 24. 1799 ch. 66,&c. Preamble. Assessors au thorized to re sessed for An ACT to incorporate John L. Sullivan and others, by the name and style of The An ACT supplementary to the Acts respecting School Districts. WHEREAS it sometimes may happen that the sums assessed on the several persons in a school district cannot be collected of them, and doubts have arisen, whether in such case the assessors are authorized by law to remit such taxes. Therefore, Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the assessors of the several towns and districts in this Commonmit monies as wealth, be, and they hereby are vested with the same powers to remit sums of money assessed on the inhabitants of any school district, for the purpose of purchasing, building, repairing or furnishing school houses, as they have to remit any sums of money assessed on the inhabitants of any town or district, for defraying town or district expenses. [June 21, 1811.] Further add. acts-1814 ch. 142: 1817 ch. 14. building, &c. school houses. 1785 ch. 50. An ACT to annex Isaac Smith and John Ellis, jun. to the Town of Walpole. [June 21, 1811.] An ACT in addition to an Act, entitled, "An Act to establish The Middlesex Turnpike Corporation, and to the several Acts in addition thereto." [June 21, 1811.] Further add. act-1819 ch. 62. An ACT to incorporate a number of the inhabitants of the district of Hiram, by the name of The Baptist Society in Hiram, in the County of Oxford. [June 21, 1811.] Chap. 30. An ACT to divide the Town of Eastport, and to establish a part thereof as a separate town, by the name of Lubeck. (June 21, 1811.] Chap. 31. An ACT establishing The First Methodist Society in Salisbury. [June 21, 1811.] Chap. 32. hard labour, An ACT providing for the Government and Regulation of the State Prison. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That criminals convict, sentenced to confinement to hard labour for Criminals life or any other term, or to solitary imprisonment and hard sentenced to labour, shall and may be imprisoned, restrained and employed to be confined in and within the precincts of the State Prison, situate in in State Charlestown, in the County of Middlesex; and the court, be- Prison. fore whom such conviction may be, are hereby authorized and empowered by warrant under their seal directed to the warden of said prison, to cause all such convicts, as soon as conveniently may be after sentence, to be removed from any gaol in the respective counties of the Commonwealth to the State Prison aforesaid; and the said warden, and all sheriffs, and keepers of the gaols aforesaid, are hereby required strictly to observe and obey the directions contained in any such warrant; and it shall be the duty of the clerk of any such court to make out such warrant as soon as may be, and to deliver the same to the sheriff of the county, where such conviction may be, who is hereby directed to cause the same to be transmitted and delivered to said warden, who shall by himself, or such person as he may appoint for that purpose, forthwith cause the same to be executed and returned, pursuant to the precept thereof. SECT. 2. Be it further enacted, That it shall be the duty of said warden to receive such persons as may be convicted be- Warden to refore any court of the United States, at any term thereof, holden ceive persons within this Commonwealth, and sentenced to confinement and convicted in U. hard labour, by any such court, and all such convicts safely to keep, pursuant to their sentence, until they shall be discharged by due course of the laws of the United States. States courts. Prison. SECT. 3. Be it further enacted, That the Governor, by and with the advice and consent of the Council, be, and Governor to hereby is authorized to appoint and commission, during plea- appoint a warsure, a suitable person as warden of said prison, who shall den of State have the care, custody, rule and charge of the same, and of all persons confined therein, and of all lands, buildings, machines, implements, tools, materials, stock and provisions, appurtenant or belonging to the same, or the precincts thereof. And it shall be his duty to serve, execute and return all process within the precincts of said prison, and such His duty and process shall be directed to him accordingly. And he shall powers. also be commander of the military force, for guarding said prison; and he shall be the treasurer of said prison and receiver, pay out, and be accountable for all the money granted for maintaining the same, or derived from manufactures and all other concerns of the prison, and he shall cause regular entries to be made by the clerk, in the books of the prison, of all the pecuniary and other necessary concerns of the establishment, and it shall be his duty twice a year, and at the commencement of every session, to render to the General Court,* a fair [* Alteredaccount, examined and approved by the directors, of all the 1813 ch. 47.] expenses and disbursements, and of all the receipts and profits on account of said prison, and a statement of its general affairs. To give bond. And the said warden shall give bond to the Commonwealth in the sum of twenty thousand dollars, with sufficient surety to be approved by the Governor and Council, and upon condition that said warden shall faithfully perform all the duties incumbent upon him as warden of said prison. SECT. 4. Be it further enacted, That the Governor, by and with the advice and consent of the Council, be, and hereby is authorized to appoint and commission, during pleasure, Directors to be three discreet persons to be directors of the State Prison, who appointed. 1817 ch. 176. To make byTaws, &c. Powers of the directors. Duties of the directors. Governor to issue warrants for payment, &c. Visitors. shall have power from time to time to appoint, during pleasure, all such officers, agents and servants, as they may deem necessary, for the well ordering, upholding, and maintaining of the State Prison; to define their powers, and prescribe their duties, and to ascertain and fix their compensations; to make, ordain, and establish all such rules, by-laws, orders, and regulations, not repugnant to the laws of the Commonwealth, as they may from time to time see fit for the government and direction of the said warden, and all other officers, agents and servants of said prison, and as may be proper for the maintenance, employment and instruction of the convicts, and for the purchase of all materials, machines, tools and implements, provisions, medicines and clothing, for the use of the officers, and for the use of the convicts, and for the sale and disposition of any articles, tools, or manufactures which belong to said prison; and they shall have the sole and exclusive power of directing all matters and things, relating to said prison, the officers, agents, and servants thereof, and of all convicts therein, and as to the manner of keeping the books and accounts of said prison, which books and accounts it shall be their duty from time to time to examine. They shall have power also, with the approbation of the Governor and Council, to make such additional buildings or alterations, within the bounds of the prison, as they may deem necessary. And said directors shall cause a copy of all bylaws, rules, orders and regulations established by them, to be laid before the Governor and Council, at the next meeting after the adoption thereof, who may annul the same, or such parts thereof, as they may think proper. And it shall be the duty of said directors to meet together at the prison statedly, once at least in every month, to attend to and inspect the concerns of the prison, to cause a record to be kept of their doings and, by turns, to visit the prison, at least three times in every week, for the purpose of seeing that the laws and regulations are duly observed, and of attending to the various concerns of the establishment. SECT. 5. Be it further enacted, That the Governor, by and with the advice of the Council, be, and hereby is authorized, from time to time, to draw his warrant upon the Treasurer of this Commonwealth in favour of said warden, for such sum at any one time, as they may deem proper, for all monies which may be appropriated by the Legislature, for the support of the State Prison. And the Governor and Council, for the time being, with the justices of the Supreme Judicial Court, be, and hereby are constituted visitors of the State Prison; and it shall |