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Register of deeds to hold his office, &c.

Officers authorized to

commit prison

ers to Hampshire gaol, or

five years

-unless there is a gaol in Hampden

sooner.

same originated within the said county of Hampshire; and that such Supreme Judicial Court, so to be holden at said Northampton as aforesaid, for all such actions, appeals and other matters, may be holden there, as well for the said county of Hampden as for the said county of Hampshire.

SECT. 4. And be it further enacted, That the register of deeds in the southern district, for the registering of deeds in the county of Hampshire, and by this act included in said county of Hampden, shall continue to hold his said office during the term for which he was chosen; and after this act shall take effect, shall be the register, for the registering of all deeds and conveyances of lands, and of executions levied on lands, and all other instruments required by law to be registered, for the said county of Hampden, during the term for which he was chosen for said southern district, and shall thenceforward be holden to pay over to the treasurer of the said county of Hampden the duties by law payable on the registering of deeds and other conveyances in the said registry, and shall, as soon as may be, after a treasurer of said county of Hampden shall be appointed or chosen, make and execute a bond to such treasurer, according to the law in that behalf made.

SECT. 5. And be it further enacted, That all officers within the said county of Hampden, having authority to commit prisoners to gaol, shall be authorized, for the term of five years, to commit their prisoners to the gaol in the county of Hampshire; and all writs of execution, warrants, mittimusses, and precepts of every kind, issued by lawful authority in said county of Hampden, or against any person in the same, and directed to any officer within said county of Hampden, and in which the place of commitment is required to be, or is usually mentioned, shall be made conformable to the authority hereby given to the officers aforesaid, during the said term, unless before the expiration of said term of five years a gaol shall have been erected within said county of Hampden, and by the proper court declared to be in a state fit for the reception and confinement of prisoners; and the keeper of said gaol, at said Northampton, be required, at the opening of each Supreme Judicial Court, and of each Circuit Court of Common Pleas in said county of Hampden, to lay before the same a list of all prisoners then in his custody, and committed to the said gaol pursuant to the authority herein given; and that the keeper of said gaol be required to keep and detain all such prisoners until delivered therefrom by order or due course of law; and that the courts aforesaid, so to be holden in said county of Hampden, be, and hereby are authorized to direct the sheriff of said county of Hampden,or his deputy.to take from said gaol any prisoner committed as aforesaid to said gaol, for any crime committed within said county of Hampden, and him detain, keep and have before such courts, that such prisoner may be dealt with according to law, or may order such prisoner to be discharged, where no cause of detaining him in gaol exists; and that said courts, and any Justice of the Peace for said county of Hampden where imprisonment may be a part of any sentence passed

on any person convicted of any crime, may order such person to be imprisoned in the gaol aforesaid, or that he there be detained until he pay any fine and cost imposed on him by any of said courts; and that said gaol be, to all intents and purposes,for the term aforesaid, a gaol, as well for said county of Hampden as for said county of Hampshire, and that said county of Hampden be chargeable with all the expenses arising from any prisoners there committed from said county, in the same manner as other counties are, in regard to their own gaols.

for the county

SECT. 6. And be it further enacted, That the Justices of the Justices of the Peace for the county of Hampshire, who shall, upon the divi- Peace declared sion of the same, reside in the county of Hampden, shall be to be justices and are hereby declared to be Justices of the Peace for said of Hampden. county of Hampden, during the time for which they were appointed and commissioned, unless removed from office according to the provision in the constitution, in that respect.

surer of Hamp

SECT. 7. And be it further enacted, That all assessments of Taxes already county taxes already made, or which may be made in said made, to be county of Hampshire, and upon the several towns therein, be- paid to treafore this Act takes effect, shall be paid to the treasurer of said county of Hampshire; and the said treasurer is hereby authorized to enforce the payment thereof, as well after this act takes effect as before, as in manner by law prescribed.

shire.

Venires for

SECT. 8. And be it further enacted, That the clerk of the courts in said county of Hampden be, and hereby is required jurors. and authorized to issue venires for jurors, to such towns as he shall think proper, in said county, until the said county shall be districted by the Court of Sessions for said county, for that

purpose.

soners from

SECT. 9. And be it further enacted, That whenever any per- Justices in son shall be committed to the gaol in Northampton for not re- Hampshire to cognizing or finding sureties of the peace, pursuant to an or- have power res der of any justice of the Peace for said county of Hampden, specting priany Justice of the Peace for said county of Hampshire may Hampden. take recognizance of any such person, according to such order; and whenever any person is committed to said gaol on execution, by any officer in said county of Hampden, and wishes to take the benefit of the law provided for those who are unable to support themselves in prison, and pay prison charges, any Justices of the Peace for the said county of Hampshire, and of the quorum, are hereby authorized to do and transact all matters and things respecting such persons, that they are by law authorized to do, in case such person was committed by the sheriff of said county of Hampshire, or his deputy.

Court may ap

SECT. 10. And be it further enacted, That the Court of Sessions for said county of Hampden may, at the first term of the point county same, appoint some suitable person, being a free-holder in said treasurer, pro county, who, being duly qualified according to law, shall be tempore. treasurer of said county until some person shall be chosen and qualified in manner by law prescribed.

SECT. 11. And be it further enacted, That the said county of Hampden entiHampden shall be entitled to a share in all monies in the hands tled to share of of the treasurer of the county of Hampshire, and of all sums of county movies.

VOL. II.

40.

Chap. 138.
Chap. 139.

Judges of Probate authorized respecting times of their courts

-as to adjournments.

Chap. 140.

Chap. 141.

1811 ch. 61.

Sessions re

money due on taxes or other debts due to said county of Hamp shire, according to the taxes paid in the last county tax for said county, by the said towns in said county of Hampden, in proportion to the whole tax last assessed, and of other moveable property belonging to said county of Hampshire, deducting therefrom all sums due from said county of Hampshire when this act takes effect.

SECT. 12. And be it further enacted, That this act shall take effect and be in force from and after the first day of August next. [Feb. 25, 1812.] Add. acts-1812 ch. 31. 70.

An ACT to establish the Town of Seekonk. [Feb. 26, 1812.]

An ACT authorizing Judges of Probate in certain cases to alter the times appointed by law, for holding Probate Courts, and to continue any process or proceeding therein.

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, whenever the times appointed by law for holding any Probate Court shall be found to interfere with any other court, or whenever any Judge of Probate shall be prevented, by reason of sickness, inevitable casualty or other cause, from holding the same, at the time appointed by law, or whenever it shall appear to him to be for the general benefit or interest of individuals, he shall be, and is hereby fully authorized and empowered to appoint such other time for holding said court as he shall deem expedient, by giving public notice thereof, or notifying all concerned. And the said Probate Court shall, and may be adjourned from time to time, and any process or proceeding therein may be continued to such time and place as the said judge may order and direct, any law to the contrary notwithstanding. [Feb. 27, 1812.] Repealed-1817 ch. 190, 45.

An ACT to incorporate a number of persons, by the name of The Oxford Agricul tural Society. [Feb. 27, 1812.]

An ACT in addition to an Act, entitled, "An Act to divide the County of Hampshire, and to constitute the northerly part thereof into a new County by the name of Franklin."

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Justices of the same, That the justices of the Court of Sessions in said county of Franklin be, and they hereby are authorized and required to hold a Court of Sessions at Greenfield, in and for said county, on the first Tuesday of March next, and at such other times as may be prescribed by law.

quired to hold

court.

Court of Ses

sions to ap

SECT. 2. And be it further enacted, That the said Court of Sessions, at their said first term, shall and may appoint some point treasurer. suitable person, being a freeholder in said county, who, being duly qualified according to law, shall be treasurer of said county, until some person shall be chosen and qualified in manner prescribed by law; and shall also at said term divide the said county into jury districts agreeably to law: Provided however, That the venires already issued, or which may be issued by the clerk of the Judicial Courts in said county, before the said county shall be divided into such districts for the drawing and returning of jurors to attend the Circuit Court of Common Pleas to be holden at Greenfield, in and for said county, on the second Monday of March next, shall be served and returned, and have the same effect, to all intents and purposes, as if the same had been issued after the said county shall be divided as afore

Proviso.

said.

SECT. 3. And be it further enacted, That the register of deeds

in the northern district for the registering of deeds in the late Register may county of Hampshire, and which by the act before recited is hold his office. included in the county of Franklin, shall continue to hold his said office during the term for which he was chosen, and shall be register for the registering of all deeds and conveyances of land, and executions levied on land, lying and being within the said county of Franklin, during the aforesaid term; and shall, from and since the second day of December last, be holden to pay over to the treasurer of said county of Franklin the duties by law payable on the registering of deeds and other conveyances in said registry; and shall, as soon as may be after a treasurer of said county of Franklin shall be appointed or chosen, make and execute a bond to such treasurer, according to the law in that behalf made.

field.

SECT. 4. And be it further enacted, That the western circuit Courts to be does and shall, to every intent and purpose, include the county held at Greenof Franklin, and that the justices of the said Circuit Court of Common Pleas shall hold their courts at Greenfield, within and for said county, at such times as may be prescribed by law. [Feb. 27, 1812.] Further add. act-1812 ch. 124.

Preamble.

An ACT to ratify an Amendment of the Constitution of the United States, propos- Chap. 142. ed to the Legislatures of the several States, by a resolve of Congress, passed November twenty-seventh, one thousand eight hundred and nine. WHEREAS at the second session of the eleventh Congress of the United States, begun and held at the city of Washington, in the district of Columbia, on Monday the twenty-seventh day of November, one thousand eight hundred and nine, it was resolved as follows, viz.

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both houses concurring, That the following section be submitted to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid and binding as a part of the Constitution of the United States: "If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatsoever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."

Amendment

proposed.

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the said proposed amendment be, and the same is hereby Ratified. ratified, on behalf of the Commonwealth of Massachusetts, to become, when ratified by the Legislatures of three-fourths of the several States, part of the Constitution of the United States, [Feb. 27, 1812.]

An ACT to incorporate the Society for Theological Education. [Feb. 27, 1812.]

Chap. 143.

An ACT to apportion, and assess a Tax of one hundred and thirty-three thousand Chap. 144. three hundred and thirty-three dollars, ninety-seven cents, and providing for the

reimbursement of twenty-six thousand four hundred sixteen dollars, paid out of the Public Treasury, to the members of the House of Representatives, for their attendance at the two last sessions of the General Court. [Feb. 27, 1812.]

Chap. 145. An ACT to divide the Commonwealth into Districts for the choice of Representatives in the Congress of the United States, and prescribing the mode of election. [Feb. 28, 1812.] Repealed-1814 ch. 54.

Chap. 146. An ACT in addition to an Act, entitled, "An Act to incorporate a Religious Society, by the name of The First Parish in the Town of Charlestown." [Feb. 28, 1812. Further add. act-1822 ch. 8.

1802 ch. 107.

Chap. 147. An ACT to establish a Town, by the name of North Brookfield. [Feb. 28, 1812.]

Chap. 148.
Chap. 149.

Chap. 150.

Chap. 151.

Chap. 152.

1807 ch. 139.

See 1817 ch. 155.

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An ACT authorizing a Lottery for completing the repairs of Plymouth Beach. [Feb. 28, 1812.] Add. acts-1812 ch. 18: 1814 ch. 104: 1816 ch. 71.

An ACT to establish the Town of Sebec, in the County of Hancock. [Feb. 28,
1812.]

An ACT to incorporate a number of persons, by the name of The First Universalist
Society in Salem. [Feb. 28, 1812.]

An ACT to incorporate the Housatonuck Manufacturing Company, in Pittsfield.
[Feb. 28, 1812.]

An ACT in addition to an Act, entitled, "An Act incorporating the proprietors of the Norfolk Cotton Manufactory." [Feb. 28, 1812.]

Chap. 153. An ACT to exempt the County of Norfolk from building and keeping in repair certain Bridges, and for other purposes.

pealed.
1792 ch. 72.

SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same Act in part re- That from and after the passing of this Act, so much of the sixth section of the Act, establishing the county of Norfolk, passed the twenty-sixth of March, in the year one thousand seven hundred and ninety-three, as subjects the said county to build and keep in repair certain bridges therein mentioned, be, and the same is hereby repealed.

Bridges to be supported by

towns.

SECT. 2. Be it further enacted, That the several towns in the county of Norfolk, in which the said bridges are situated, shall hereafter be obliged to build and keep in repair the same, in the same manner as towns are required, by law, to build and keep in repair town bridges. [Feb. 28, 1812.]

Chap. 154. An ACT in addition to an Act, entitled, "An Act to regulate the taking of the fish called Alewives in Manatiquat River, in the Town of Braintree.' [Feb. 28, 1812.] Repealed-1817 ch. 151.

1798 ch. 78.

Chap. 155.

1797 ch. 17.

An ACT in addition to an Act, entitled, "An Act for incorporating certain persons, for the purpose of building a Bridge over Deerfield River (so called), where Williams' Ferry is now kept, and for supporting the same. [Feb. 28, 1812.]

Chap. 156. An ACT to continue in force an Act, entitled, "An Act to establish The Second Brush-Hill Turnpike Corporation." [Feb. 28, 1812.]

1805 ch. 110.

Chap. 157. An ACT to repeal an Act, entitled, "An Act to alter and amend the Constitution of the Board of Overseers of Harvard College," and to regulate certain meetings of that Board.

1809 ch. 114.

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 made and passed Act repealed. the seventh day of March, in the year of our Lord one thousand eight hundred and ten, entitled, "An Act to alter and amend the constitution of the board of overseers of Harvard College," be, and the same is hereby repealed; and the board of overseers, from and after the passing of this Act, shall be constituted in the same way and manner, and be composed of the same persons, and no others, that it would have been, had the same Act never been made or passed.

SECT. 2. Be it further enacted, That there shall be a meeting of the board of overseers of Harvard College, as the same shall be constituted after the passing of

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