kins' donation or trust lying in Upton in the county of Worcester, as well as in Hopkinton in the county of Middlesex, any law to the contrary notwithstanding; and if, in consequence of a different construction of the Act aforesaid, any deeds or conveyances of, or executions extended upon such lands have been or shall be recorded in the registry of deeds for the county of Worcester, or by the register appointed by the trustees of the donation or trust aforesaid, and not in the registry of deeds for the county of Middlesex between the first day of July in the year of our Lord one thousand eight hundred and eight, and the first day of August next, such records shall be valid to all intents and purposes as if made in the registry for the county Validity of re- of Middlesex; and if any deeds or conveyances of land belonging to the said Hopkins' donation or trust, through misapprehension or otherwise, may have been recorded in the registry of deeds for the county of Worcester, or that of the county of Middlesex, after the passing of the Act. in the year one thousand seven hundred and forty-one, mentioned in the title of this Act, and before the first day of July, in the year one thousand eight hundred and eight, and were not recorded by the register appointed by the trustees aforesaid, as that Act required, shall be valid to all intents and purposes, as if they had been recorded according to law. cords. Repealed1811 ch. 118. Records to be the register for the county of Middlesex. [* Returned to Hopkinton1812 ch. 97.] SECT. 2. Be it further enacted, That no future conveyances of land belonging to the Hopkins' donation or trust, shall be valid in law, which purport to convey any other lands derived from a title or titles other than such Hopkins' donation or trust. SECT. 3. Be it further enacted, That the said trustees of the deposited with Hopkins' donation or trust shall, on or before the first day of August next, deposit in the registry of deeds for the county of Middlesex all the books of records of deeds, conveyances and executions, relating to the lands aforesaid, which are in the possession of the register appointed by them, and it shall be the duty of the register of deeds for the county of Middlesex to receive and keep the same,* and to record all deeds, conveyances, and executions made of, and extended upon the lands aforesaid, lying as well in Upton as Hopkinton, in the books of the said trustees; and for making such records, he shall be entitled to the same fees as for similar records of other deeds, conveyances, and executions. Provided, That the trustces aforesaid, their treasurer, and such other person or persons as they may delegate for the purpose, shall have liberty at all times to search the records which relate to the lands aforesaid, free of all expense. [June 22, 1811.] See Proviso. Chap. 56. Chap. 57. Chap. 59. 1812 ch. 97. An ACT to incorporate certain Proprietors of the common and undivided lands in the Town of Hull, in the County of Plymouth, for the purpose of managing the same as a Common and General Field. (June 22, 1811,] An ACT to establish The Hopkinton Cotton Manufacturing Company. [June 22, An ACT to establish The Methodist Episcopal Society in Provincetown, in the An ACT for the support of the Ministry and Schools in the towns of Otisfield and An ACT further regulating the taking of Fish in Mattepoisett River. [June 24, Chap. 60. 1811.] Further add. act-1814 ch. 99: 1817 ch. 136. 1787 ch. 33. An ACT to divide the County of Hampshire and to constitute the northerly part Chap. 61. thereof into a County, by the name of the County of Franklin. Hampshire di SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the county of Hampshire shall be divided by a line, be- County of ginning on the westerly line of the county of Worcester, at the vided, and the west corner of the town of Petersham, in said county of Wor- boundaries. cester; thence southerly following the east line of the town of New Salem, to the southeast corner of said New Salem; thence westerly on the southerly lines of the towns of New Salem and Shutesbury, to the southwesterly corner of the town of Shutesbury; thence northerly on the line of Shutesbury, to the southerly line of the town of Leverett; thence westerly on the southerly lines of the towns of Leverett and Sunderland, to Connecticut river; then beginning on the west bank of said river at the southeasterly corner of the town Whately; thence westerly and northerly upon the line of said Whately, to the southerly line of the town of Conway; thence westerly and northerly upon the line of said Conway, to the southeasterly corner of the town of Ashfield; thence westerly and northerly upon the line of the said Ashfield, to the southeasterly corner of the town of Hawley; thence westerly upon the line of said Hawley, to the easterly line of the county of Berkshire. And the bounds of the county by this act created, on the east, shall be the line heretofore established between the counties of Hampshire and Worcester, and on the west, by the line between the counties of Hampshire and Berkshire, and on the north, by the north line of the Commonwealth. SECT. 2. Be it further enacted, That all and every part Franklin counand parcel of the late county of Hampshire, included within ty erected. the lines before described, shall be, and the same is hereby formed and erected into an entire and distinct county, by the name of Franklin, of which Greenfield shall be the shire or county town. And the inhabitants of the said county of Franklin shall hold, possess, use, exercise and enjoy all the powers, rights and immunities, which by the constitution and laws of this Commonwealth, the inhabitants of any county within the same do hold, possess, use, exercise, enjoy, and are entitled to. be held in the county. 1812 ch. 28: [*Altered1815 ch. 8.] SECT. 3. Be it further enacted, That there shall be held and Court of Comkept within the said county of Franklin, a Circuit Court of mon Pleas to Common Pleas, to sit at Greenfield aforesaid, on the second Monday of March and September yearly, and in every year until the General Court shall otherwise order; and the justices of the said Court of Common Pleas, who shall be thereunto lawfully commissioned, shall have, hold, use, exercise and enjoy all and singular the powers which are by law given and granted to such justices, within any other county of this Commonwealth where a Court of Common Pleas is already established. And all appeals from any judgment or judgments given at any Court of Common Pleas, within the said county S. J. Court. of Franklin, shall be heard and tried at the Supreme Judicial Court, to be holden at Northampton in the county of Hampshire.* And the Supreme Judicial Court, to be holden at Jurisdiction of Northampton, in the county of Hampshire, shall be holden for the counties of Hampshire and Franklin, and shall from time to time have the same jurisdiction, power and authority for the trial of all actions, civil and criminal, the cause whereof has arisen, or shall arise within the body of the county of Franklin, and to hear and determine all other matters and things arisen, or which shall arise within the body of the county of Franklin, and shall have the same jurisdiction in all matters, civil, criminal and mixed, arisen, or which shall arise, in said county of Franklin, as if the same actions, matters and things had arisen within the body of the county of Hampshire.* [*Altered1815 ch. 107: 1820 ch. 14.] Probate Court. rised respecting prisons. SECT. 4. Be it further enacted, That all business commenced in the Probate Court for the county of Hampshire, as well as all actions, suits, cognizances, matters and things, pending in the Court Common Pleas for the said county, prior to the second Monday of March next, shall be heard, tried, and finally determined in the county of Hampshire, in the same manner as though the county of Franklin had not been incorporated. SECT. 5. Be it further enacted, That all officers within the said county of Franklin, having authority to commit prisoners to jail, shall be authorized for the term of three years to comOfficers autho- mit their prisoners to the jail in the county of Hampshire; and the keeper of the jail in the said county of Hampshire is hereby authorized and required to receive and detain such prisoners, and all persons, committed to jail in the county of Hampshire from the county of Franklin, shall be entitled to the same benefits and indulgencies, as though they lived or had their homes in the county of Hampshire; and it is made the duty of the proper magistrates and officers in the county of Hampshire to administer all oaths, and perform all the services which may be necessary for that purpose: Provided all expenses incurred by the operation of this section of this act shall be defrayed by the county of Franklin. Justices authorized to finish business. Election of &c. SECT. 6. Be it further enacted, That the respective Justices of the Peace for the county of Hampshire, who shall upon the division of the county aforesaid reside in the county of Franklin, be, and they hereby are authorized to issue execution on all judgment and recognizances heretofore recovered or taken before them respectively, and do and finish all matters and things commenced and begun by them respectively in their said offices before this act takes effect, in the same manner as they might by law have done if the said county of Franklin had not been incorporated. SECT. 7. Be it further enacted, That the methods and procounty officers, ceedings, directed by law, for choosing a county treasurer and register of deeds, and the modes and forms of proceeding, known and practised in bringing forward and trying actions, causes, pleas, or suits, and of originating and conducting legal processes of every kind, whether civil or criminal, in the judi cial courts established in the several counties in this Commonwealth, and for choosing persons to serve as jurors at the said courts, shall be observed and put in practice, used and exercised within the said county of Franklin, as is usual in other counties in this Commonwealth. SECT. 8. Be it further enacted, That the several towns, dis- Towns, &c. ditricts and plantations, within the said county of Franklin, shall rected in paying taxes. pay to the treasurer of the county of Hampshire, in the same manner they have paid previous to the passing of this act, their due proportion of all county taxes, that shall have been heretofore granted. And the Court of Common Pleas, in and for the county of Hampshire, shall have the same powers and au thority to proceed with and assess upon all such towns, districts and plantations severally, their due proportion of all such taxes as have been granted as aforesaid; and the assessors of all such towns, districts and plantations, and the inhabitants thereof severally, shall be governed by and subject to the same laws of this Commonwealth, and held, bound, and obliged to perform the same duties, and be under the same penalties with respect to assessing and paying all such taxes; and the treasurer of said county of Hampshire shall be, and hereby is, directed and empowered to proceed in the same manner for the collection of such taxes, and shall have the same power and authority to collect and levy the same by warrant of distress, in due form of law, as if this act had never passed. And all lawful precepts, issued by the said treasurer for said county of Hampshire, for the collection or levying such, taxes, directed to the proper officer, within and for the county of Franklin, shall be duly obeyed by such officer, under the same penalty; and such officer shall be liable to be proceeded with for any default therein, in the same manner as in like cases where a similar default happens in any county within this Commonwealth, within and to which both said treasurer and officer belong. And the said county of Franklin shall be held to pay their due and just proportion of all debts that shall be now due and owing from the said county of Hampshire. SECT. 9. Be it further enacted, That the clerk of the Su- Venires for preme Judicial Court, whenever he shall issue venires for any jurors. grand or traverse jurors to attend the Supreme Judicial Court to be held for the counties of Hampshire and Franklin, shall be governed by the division into jury districts already made for the county of Hampshire, until a new division into districts is made hereafter in both of the counties of Hampshire and Franklin. SECT. 10. And be it further enacted, That this act shall be in force from and after the second day of December next. [June 24, 1811.] Add. acts-1811 ch. 141: 1812 ch. 124. An Act to prohibit certain officers of Courts from buying Promissory Notes and Chap. 62. other Demands for the purpose of making a gain or profit in the collection thereof. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, if any person shall, with Penalty for advancing money, &c. for the pur an intent thereby to procure himself to be retained as an attor An ACT to establish The North Methodist Society in Hallowell. [June 24, 1811.] An ACT establishing The Hopkinton and Framingham Cotton Manufacturing Com- 1819 ch. 97. An ACT to establish The First Congregational Society in Sullivan. [June 24, An ACT to empower the Alfred and Egremont Turnpike Corporation to erect a An ACT to regulate the Prison in the County of Suffolk. (June 25, 1811.] Expir An ACT to establish The First Baptist Society in Hallowell. [June 25, 1811.] 1813 ch. 55. An ACT supplementary to "An Act regulating the taking and disposing of the Fish called Alewives, in the Town of Pembroke." [June 25, 1811.] Further act 1814 ch. 128. An ACT in addition to an Act, entitled, "An Act in addition to an Act, entitled, An Act to secure the Town of Boston from damage by fire, and repealing certain parts thereof." [June 25, 1811.] Continued-1817 ch. 119. Repealed 1817 ch. 171. |