be their duty annually, and as much oftener as they may think rectors or war SECT. 6. Be it further enacted, That if any director, the warden, or any other person employed in the State Prison aforesaid, shall fraudulently contrive, procure, aid, connive at, Penalty in case or otherwise voluntarily suffer the escape of any convict there- of fraud of diin, committed under sentence of confinement as aforesaid, every den. such person, on due conviction thereof, in the Supreme Judicial Court, shall and may be punished by solitary confinement for a term not exceeding one year, and by confinement to hard labour, for a term not exceeding twenty years, at the discretion of the said court. warden, &c. SECT. 7. Be it further enacted, That if the warden or any other person, employed as aforesaid, shall negligently suffer any convict, committed and in custody as aforesaid, under sen- Penalty for tence of solitary imprisonment. to be at large without the cell neglect of the or apartment assigned to such convict, or to be there visited, conversed with, comforted or relieved, contrary to the rules and regulations of said prison, or shall negligently suffer such convict, or any convict there committed, under sentence of confinement to hard labour, to be at large without the precincts of the said prison, or contrary to the rules thereof, to be out of close confinement, the warden or any other person so neglecting his duty in the premises, being thereof duly convicted in the Supreme Judicial Court, shall be punished by a fine not exceeding five hundred dollars. for rescuing prisoners, or SECT. 8. Be it further enacted, That if any person shall forcibly or fraudulently rescue, or attempt to rescue, any convict from the custody of any officer or other person authorized Punishment or employed by any warrant of commitment as aforesaid, or from the said State Prison, or from any other prison or gaol assisting them where such convict may be lawfully committed, pursuant to to escape--any sentence of solitary imprisonment, or confinement to hard labour, or shall convey to any convict in custody, or committed as aforesaid, or into said State Prison, or any other prison, any tool, instrument, weapon, or other aid, with intent to enable such convict to escape, or to procure the escape any convict, whether such escape be effected or not, every person so offending, being duly convicted thereof before the Supreme Judicial Court, shall and may be punished by solitary imprisonment not exceeding one year, and by confinement to hard labour not exceeding ten years; or at the discretion of the said court, may be punished with a fine not exceeding five hundred dollars, and by binding to the good behaviour for a term not exceeding three years, according to the nature and aggravation of the offence. of on officers, &c. by convicts sentenced for life SECT. 9. Be it further enacted, That if any convict com. mitted to the said State Prison, under sentence of confinement for assault to hard labour during life, shall assault any director, the warden, or other person employed in the government thereof, or shall forcibly attempt to break from the said prison, every such convict so offending, upon due conviction before the Supreme Judicial Court, shall and may be punished by solitary imprisonment not exceeding one year, at the discretion of the directors, and shall be afterwards there holden in custody upon such former sentence; and every person being under confinement as aforesaid, who shall escape from said prison, shall for every such offence be further sentenced to solitary imprisonment for a term not exceeding twelve months. by convicts sentence. SECT. 10. Be it further enacted, That if any convict commitunder limited ted to said State Prison, under sentence for a limited time, shall assault any director, the warden, or other person employed in the direction or custody of said State Prison, or shall attempt by violence to escape therefrom, every such convict so further offending, upon due conviction thereof before the Supreme Judicial Court, shall and may be punished by solitary imprisonment not exceeding one year, in addition to any former like sentence, or to precede the fulfilment of any former sentence to hard labour, as the case may be; and, at the discretion, of the said court, may be further punished by confinement to hard labour, for a term not exceeding ten years, to commence after such solitary imprisonment, or after any former sentence shall be fulfilled, as the case may be. Deputy war pointed. SECT. 11. Be it further enacted, That the warden of said den to be ap- prison shall have power to appoint a deputy to execute any process to him directed, which deputy may serve and return the same accordingly, and for whose acts and doings his principal shall be answerable, but such deputy shall be further liable to such punishment as the deputy sheriffs are now liable to empt from ar- suffer for any misconduct in executing process. And the said warden shall not be arrested upon mesne process, or upon any execution awarded upon judgment in any civil action. Warden ex rest in civil suits. Warden's and pensation. SECT. 12. Be it further enacted, That the warden aforesaid directors' com- shall receive the sum of fifteen hundred dollars annually, in full compensation for all services by him rendered in that of fice, without any other support or maintenance whatever. And the directors aforesaid shall each receive the sum of three tors, repealed, hundred dollars in quarterly payments, alike in full compensation for their services respectively. [This section, so far as respects direc 1814 ch. 156and revived, 1817 ch. 176.] Act repealed. 1805 ch. 113. SECT. 13. Be it further enacted, That from and after the first day of August next, the act entitled "An Act providing for the regulation of the State Prison in Charlestown," passed the fourteenth day of March in the year of our Lord one thousand eight hundred and six, be, and the same is hereby repealed; saving always, that all acts, matters and things, done under and pursuant to said act, shall remain as good and valid, and all officers, agents, and servants of the same prison, who have been appointed or employed under the same, shall remain in their respective offices and places until that time, and until others are appointed and employed in their places, in the same way and manner they would have done had not this act been repeal'ed. [June 21, 1811.] Add. acts-1813 ch. 47: 1814 ch. 156: 1817 ch. 47. 176: 1818 ch. 19: 1821 ch. 108. the Southern An ACT establishing Circuit Courts of Common Pleas within this Commonwealth. Chap. 33. SECT. 1. BE it enacted by the Senate and House of Representatives, in General [These counCourt assembled, and by the authority of the same, That this Commonwealth ties annexed to (excepting Dukes County and the county of Nantucket,*) shall be, and hereby is divided into six circuits, to be limited, known and called as follows, to wit: the Circuitcounties of Suffolk, Essex and Middlesex shall form one circuit, and be called the 1814 ch. 20.] Middle Circuit. The counties of Worcester, Hampshire, and Berkshire shall form one circuit, and be called the Western Circuit. The counties of Norfolk, Plymouth, Bristol and Barnstable, shall form one circuit, and be called the Southern Circuit. The counties of York, Cumberland and Oxford, shall for one circuit, and be called the First Eastern Circuit. The counties of Lincoln, Kennebeck and Somerset, shall form one circuit and be called the Second Eastern Circuit. And the counties of Hancock and Washington shall form one circuit and be called the Third Eastern Circuit. Common wealth divided into circuits. Circuit Courts of Common Pleas estab lished. SECT. 2. Be it further enacted, That there shall be held and kept in each county in the several circuits aforesaid, at such times and places as are now by law appointed for holding the Courts of Common Pleas in the several counties, a Circuit Court of Common Pleas, to consist of one chief justice, and two associate justices, each of whom shall be an inhabitant of this Commonwealth, and when appointed and commissioned, as by the constitution is provided, they, or any two of them shall be a court in their respective circuits, and shall have original and exclusive jurisdiction of all civil actions arising or happening within their respective circuits, of what nature or species soever the same may be, (excepting only such actions wherein the Supreme Judicial Court, or where Justices of the Peace now have original jurisdiction;) and shall also have jurisdiction of all such offences, Jurisdiction. crimes and misdemeanors, as before the passing of this act were cognizable by the respective Courts of Common Pleas, and shall also have appellate jurisdiction of all civil actions, and of all crimes and offences where an appeal may now by law be made from the sentence or judgment of a Justice of the Peace; and the same court are hereby fully authorized to give judgment, award execution, to administer all necessary and proper oaths and affirmations, and to do, execute, perform and order whatever by the constitution and laws it shall be their duty to do, or whatever the Courts of Common Pleas before the passing of this act were authorized to do, excepting such acts, matters and things as are or may be cognizable by the Courts of Sessions; and the justices of said Circuit Court of Common Pleas Compensation shall receive the same fees and compensation for their services, as the justices of of justices. the Courts of Common Pleas now receive in their respective counties, and to be paid in the same manner: Provided, nothing in this act shall be so construed, as to affect the original or appellate jurisdiction given by law to the Municipal Court holden within the town of Boston. SECT. 3. Be it further enacted, That all writs and processes, issuing from the Circuit Courts of Common Pleas, shall be in the name of the Commonwealth of Massachusetts, bear test of the chief justice, when not a party, and one of the associate justices, when the chief justice is a party, or his office is vacant; and where any two justices are interested in any action, the remaining judge shall constitute a competent court to try the same; and such writs and processes shall be under the seal of the said court, and signed by the clerk of the said court, in the county to which the writ may be returnable, and shall have force, be obeyed and executed in every county within the Commonwealth; and all original processes shall be summons, capias or attachment, and shall be served and returned in the same way and manner as is now provided by law for the service and return of similar processes; and the forms of all processes and executions shall be so far altered and changed, as to conform to the provisions of this Act. Proviso. Writs, &c. to be issued by under seal. authority and 1817 ch. 185. SECT. 4. Be it further enacted, That any party aggrieved at the judgment of Appeal may be any Circuit Court of Common Pleas, in any real action, or in any personal action made in case. wherein any issue has been joined, in which the debt or damages demanded shall exceed the sum of one hundred dollars, may appeal therefrom to the next Supreme Judicial Court to be holden within and for the county where such judgment may 1813 ch. 174. be rendered; and the party so appealing, before such appeal be allowed, shall recognize with sufficient surety or sureties, to the adverse party in a reasonable sum to prosecute his appeal at the court appealed to, and to pay all such costs as may arise in any such suit after such appeal; and where any such appeal shall be made by any plaintiff, and he shall not recover more than one hundred dollars at the court appealed to, the plaintiff shall not recover any cost on such appeal, but the defendant shall be entitled to recover against the plaintiff his costs on such appeal, and shall have a separate judgment therefor; and in case such appeal was made by the defendant, and the debt or damages recovered on the original action shall VOL. II. 37 1 Further powers of the court. Courts may adjourn. not be reduced on the appeal, the plaintiff shall be entitled to recover double costs of suit on the appeal, and have his judgment and execution accordingly; and no execution shall issue upon the judgment appealed from; and in case the party appealing shall neglect to euter his appeal, the court appealed to may upon complaint proceed to render judgment in such action agreeably to the provisions of this Act. SECT. 5. Be it further enacted, That in addition to the powers herein before enumerated, the said Circuit Court of Common Pleas, shall have power at the term at which any judgment in any action (wherein said court have final jurisdiction) is rendered, or at any subsequent term thereof, within one year from the rendition of any judgment on petition or motion, first giving due notice thereof to the adverse party, to grant a new or further trial of any such action, for any cause for which by the common law a new trial may now be granted, or when upon due examination it shall appear to them that justice has not been done between the parties, upon such terms, restrictions and limitations, as the said Circuit Court may deem just and reasonable. And the justices of said court shall have power, from time to time, to make and establish all such rules for the entry of actions, and for the admission of attornies, filing pleas in abatement, and demurrers to declarations, and for the orderly and well conducting the business thereof, as they may see fit; provided the same are not repugnant to the laws of this Commonwealth. SECT. 6. Be it further enacted, That the said Circuit Courts of Common Pleas shall have power to adjourn the same from time to time, as may be necessary for the public good. And when any of the justices of the said court shall be detained from attending at the time or place, at which said court by law or by previous adjournment was to have been held, by means whereof there cannot be more than A single justice one of the said justices present, then, and in that case, any justice of the same to constitute a quorum in case Jurors to attend circuit courts. All actions, able to this court being there present, shall constitute a quorum of the court, for the purpose of calling the docket, entering defaults, and determining all questions of an interlocutory nature, and also for the adjourning the same court if necessary unto a further day, until a quorum can be convened; or if neither of the justices of the same court shall be present, the said court may be adjourned by the sheriff of the county, until a quorum can be convened, of which he shall make public notification, in writing, in the shire town of the county. SECT. 7. Be it further enacted, That from and after the second day of December next, the grand and traverse jurors, now required to attend the Courts of Common Pleas in the respective counties, shall be required to attend the several Circuit Courts of Common Pleas, in the same manner, and under the same penalties that they are now holden by law to attend the several Courts of Common Pleas, and shall hereafter give their attendance on such days of each term, as shall be directed by the justices of the said Circuit Courts of Common Pleas respectively, and the writs of venire facias shall issue accordingly. SECT. 8. Be it further enacted, That all actions, suits, matters and things, which may be pending in the several Courts of Common Pleas in this Commonwealth, on the second day of December next, and all writs, executions, warrants, recognizances and processes, returnable to, and which would have had day therein had not this Act been passed, shall be returnable to, and have day in, and be fully acted upon, by the Circuit Courts of Common Pleas, created by this Act. And all parties, jurors, witnesses and others, who would have been held to appear after the said second day of December next, at the several Courts of Common Pleas, then next to be holden in this Commonwealth, shall be holden to appear at the then next Circuit Court of Common Pleas, created by this Act, in their respective counties. And the said Circuit Courts of Common Pleas, created by this Act, shall, in the respective counties, have full power and authority to grant any executions to carry into effect any judgment rendered in the Courts of Common Pleas, now in existence, in the same manner as the said courts might, had not this Act been passed. [June 21, 1811.] Add. act-1814 ch. 20. Superseded as to Suffolk county-1813 ch. 173. Repealed-1820 ch. 79. An ACT to establish a Religious Society, by the name of The Methodist Society in Otisfield. [June 21, 1811.] Chap. 34. Chap. 35. An ACT to incorporate sundry persons, by the name of The Marshfield Cotton and Chap. 36. An ACT to annex the Township numbered Four in the fifth range, north of the Chap. 37. An ACT to alter the Names of certain persons therein mentioned. [June 21, 1811.] Chap. 38. An ACT to incorporate certain persons for the purpose of building a Bridge over An ACT to establish The First Baptist Society in the Town of Woburn. [June Chap. 39. 21, 1811.] An Acr regulating the collection of Taxes in the Town of Newburyport, and pro- Chap. 40. viding for the appointment of Constables in the said Town. [June 21, 1811.] Amended-1815 ch. 2. An ACT to incorporate a number of the inhabitants of the Towns of Medfield, Chap. 41. Dedham and Wrentham, in the County of Norfolk, as a Religious Society, by the name of The First Baptist Society in Medfield. [June 19, 1811.] An Acr to establish The Methodist Episcopal Society of Lenox. [June 22, 1811.] Chap. 42. An ACT to incorporate a number of persons, by the name of The Buxton Proprie- Chap. 43. tors of Canals, Locks, and Slips, on Saco River. (June 22, 1811.] An Act to establish The Winthrop Copperas Factory Company. (June 22, Chap. 44. 1811.] An Act to annex Samuel Wentworth and others to the North Parish in Berwick. Chap. 45. (June 22, 1811.] An ACT to establish The First Baptist Society in Carver, in the County of Ply- Chap. 46. mouth. [June 22, 1811.] An ACT to repeal part of an Act, entitled, "An Act regulating the Collection of Chap. 47. Taxes in the Town of Boston, and providing for the appointment of Constables in the said Town." [June 22, 1811.] See 1821 ch. 110, § 15. 1802 ch. 7. An ACT to direct the Assessment and Collection of Taxes in The Second Reli- Chap. 48. gious Society or Parish in the Town of Biddeford. [June 22, 1811.] An ACT limiting the period during which any person shall be eligible to the office Chap. 49. of County Treasurer. [June 22, 1811.] Repealed-1814 ch. 159. An Act in addition to an Act, entitled, "An Act for incorporating certain persons Chap. 50. for the purpose of laying out and making a Turnpike Road from Newburyport to Chelsea Bridge." [June 22, 1811.] An ACT to annex James Parmele and others to the incorporated Baptist Society, in the Town of West Stockbridge. [June 22, 1811.] 1802 ch. 120. Chap. 51. An ACT in addition to "An Act to incorporate the Town of Randolph." [June Chap. 52. 22, 1811.] 1792 ch. 49. An ACT to establish a Baptist Society in Gloucester, in the County of Essex. Chap. 53. [June 22, 1811.] An ACT to enable the administrator on the estate of Samuel Bartlett, late of New buryport, mariner, deceased, to convey certain Real Estate of the said Samuel. Chap. 54. [June 22, 1811.] An Act in addition to and in explanation of an Act, entitled, "An Act, in addi- Chap. 55. tion to an Act, passed in the year of our Lord one thousand seven hundred and forty-one, entitled An Act to enable the Trustees appointed in His Majesty's 1807 ch. 105. High Court of Chancery to purchase houses and lands, and to improve the same for perpetuating the charity of the Honourable Edward Hopkins, Esq. more effectually to secure the interest of their several tenants in possession of their Hopkinton and Upton lands, and the revenue of those lands to the College and Grammar School at Cambridge, according to the true intent of all parties, at the first settlement of that town." WHEREAS doubts have arisen, whether the act to which this is in addition, contemplates those lands belonging to the Hopkins' donation or trust, which lie in Upton, and out of the county of Middlesex : Preamble. SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Former act desame, That the said Act, to which this is in addition, shall be clared to exconstrued as extending to all the lands belonging to the Hop- in Upton. tend to lands |