diction given by law to the Supreme Judicial Court, to the Municipal Court for the Town of Boston, and to the Court of Sessions holden within the county of Suffolk. SECT. 2. Be it further enacted, That the person to be appointed as afore- 1817 ch. 165. said shall also have original and concurrent jurisdiction of all civil actions arising in the county of Suffolk, under the sum of twenty dollars, in the same manner and with like powers as Justices of the Peace within said county of Suffolk now have jurisdiction, and shall hold a court, to be styled the Town Court, for the summary trial, without jury, of all such last mentioned actions, on the Wednesday of every week in the year. And any party aggrieved at the judg- Appeal may be ment of said Town Court, may appeal therefrom to the next regular term of the made. said Boston Court of Common Pleas, and shall, before his appeal is allowed, recognize with a surety or sureties, to be approved by the court, in such reasonable sum as the court shall order, to pay all intervening damages, and to prosecute his appeal with effect; in which case such actions shall be tried in the same manner as if originally commenced there; and no further or other appeal or review shall be had on such actions, except such as by law is now allowed, in similar cases, in the Circuit Court of Common Pleas, in the several counties within this Common wealth. But questions of law may be reserved by the said judge, and the party supposing himself aggrieved by any opinion, decision or judgment, may file his exceptions thereto, and the same proceedings shall be had thereon at the Supreme Judicial Court, which shall be holden next after in the same county, as are provided by law, when the Supreme Judicial Court is holden by one of the justices thereof. And the fees in all actions originally commenced in said Town Court Fees. shall be the same as by law are now taken and received by Justices of the Peace in the trial of civil actions; and the original papers in such actions shall be used on the appeal, in the same manner as if such actions had been originally brought to the Boston Court of Common Pleas. And the said judge shall have power, from time to time, to appoint a clerk to attend him and record all his proceedings as judge of the Boston Court of Common Pleas, which clerk shall be under oath to the faithful performance of the duties of his office, and shall hold his office during the pleasure of the Supreme Judicial Court: Provided Proviso. however, That the present clerks of the Supreme Judicial Court and the Circuit Court of Common Pleas, within the county of Suffolk, shall be the joint clerks of the said Boston Court of Common Pleas, during the pleasure of the judge thereof. And the said judge of the said Boston Court of Common Pleas shall have power, from time to time, to appoint a clerk, being commissioned as a Justice of the Peace for said county, to attend him in said Town Court, who shall be styled the recorder Duty of the of the Town Court, and whose duty it shall be to record all proceedings of said recorder. court; and in case of the death or absence of the said judge of the said Town Court, it shall be the duty of said recorder, and he is hereby fully empowered, to hold the said court, and to transact the business thereof in the same manner as the said judge of the said Town Court might, could, and ought to do, if he were personally present to hold the same; which recorder of said Town Court shall be under oath to the faithful performance of the duties of his office, and shall hold his office Compensation during the pleasure of said judge; and for a compensation for his services as of. clerk, as aforesaid, shall receive one third part of the fees now by law taxed by Justices of the Peace in civil actions, and the residue thereof shall be received by the judge of said Town Court, for his compensation therein. And the said judge of the said court, and the recorder in the absence of said judge, shall have power by proclamation of the sheriff of the said county of Suffolk, or of his deputy, or of any officer attending on said court, to adjourn the same from time to time, as necessity may require. SECT. 3. Be it further enacted, That the judge of the said Boston Court of Power of the Common Pleas shall have power to make any orders for the regular administra- judge. tion of justice in the same, and likewise in the said Town Court, as shall not be inconsistent with the constitution and the laws of the Commonwealth; and likewise to adjourn the said court from time to time, as may be necessary for the public good and when it shall so happen that the judge of the said Boston Court of Com- Provision in mon Pleas shall be deceased, or shall be providentially detained from attending at case of absence the time and place at which said court by law, or by any previous adjournment, or death. was to have been held, the said court may be adjourned by the sheriff of the county of Suffolk, or his deputy, unto a further day, and so from time to time, until a new judge shall be appointed, or the said court be convened, and shall cause publication thereof to be made in writing in two or more of the most public places in the county Of writs and of Suffolk, and in one of the public newspapers printed in the town of Boston. And processes. all writs and processes issuing from the said Boston Court of Common Pleas, and the said Town Court, shall be in the name of the Commonwealth of Massachusetts, and bear test of the judge of said courts, unless he be a party, (in which case the same shall be sued out from the clerk's office of the Supreme Judicial Court, and be made returnable to said court,) and be under the seals of said courts, and signed by the clerks of said courts respectively; and all writs and processes from said Boston Court of Common Pleas shall have force, be obeyed and executed in every county &c. within the Commonwealth, and all writs and processes from the said Town Court shall have force, bebeyed and executed, throughout the county of Suffolk. SECT. 4. Be it further enacted, That all actions, suits, matters and things Actions, suits, whatsoever, which may be pending in the Circuit Court of Common Pleas, within the county of Suffolk, on the twenty-eighth day of March, in the year of our Lord one thousand eight hundred and fourteen, and all writs and processes of every kind whatsoever, returnable to said Circuit Court, and which would have had day therein if this Act had not been passed, shall be sustained, returnable to, and have day in, and be fully acted upon by the said Boston Court of Common Pleas, at the first term thereof; and all parties, jurors, witnesses and other persons, in any manner Parties, jurors, held or bound to appear in the Circuit Court of Common Pleas, which would have been holden in and for the said county of Suffolk, on the last Tuesday of March, in the year of our Lord eighteen hundred and fourteen, if this said Act had not been passed, shall be held and bound under the same penalties, to appear in the said Boston Court of Common Pleas, at the first term thereof. And the said Boston Court of Common Pleas shall grant execution to carry into effect any judgment heretofore rendered in the Circuit Court of Common Pleas within and for the county of Suffolk, in the same manner as the said Circuit Court of Common Pleas might and ought to have done, if this Act had not been passed. &c. Act repealed. 1811 ch. 33. Proviso. Chap. 174. 1811 ch. 33, § 4. Appeal allow ed from all judgments of Com. Pleas. Costs. Acts repealed. Chap. 175. Chap. 176. 1803 ch. 157. Chap. 177. SECT. 5. Be it further enacted, That so much of the Act, entitled an Act establishing Circuit Courts of Common Pleas within this Commonwealth, as relates to their jurisdiction within the county of Suffolk; and all other Acts and parts of Acts, which come within the purview of this Act, be repealed from and after the twenty-eighth day of March, in the year of our Lord eighteen hundred and fourteen: Provided however, That nothing herein contained shall prevent the Governor as aforesaid, from appointing a person to be the judge of the said Boston Court of Common Pleas, as soon after the passage of this Act as he shall see fit. [Feb. 26, 1814.] Add. acts-1815 ch. 35: 1817 ch. 165. All repealed-1820 ch. 79. An ACT further regulating Appeals and Reviews. 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 party aggrieved at the judgment of any Circuit Court of Common Pleas, or Court of Common Pleas, hereafter to be rendered in any action, originally commenced in said court, wherein any issue in law or in fact has been or may be joined, may appeal therefrom to the next Supreme Judicial Court, to be holden for the county where such judgment may 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 said appeal, and to pay all such costs as may arise in said suit after said appeal, and no execution shall issue upon the judgment appealed from; and in case the party appealing shall neglect to enter his appeal, the court appealed to may, upon complaint, proceed to affirm the judgment of the Circuit Court of Common Pleas, or Court of Common Pleas, with additional damages and costs, and in all cases, the party prevailing on said appeal shall be entitled to single costs only. SECT. 2. Be it further enacted, That in all cases of review which may hereafter be prosecuted, the party in whose favour judgment may be rendered on said review shall be entitled to either single or double costs, as the court before which such review may be had shall adjudge. SECT. 3. Be it further enacted, That all Acts and parts of Acts, inconsistent with the provisions of this Act, be, and the same hereby are repealed. [Feb. 26, 1814.] Repealed--1817 ch. 185. An ACT to incorporate The President, Directors and Company of the Dedham An ACT in addition to an Act, entitled, "An Act in addition to an Act granting a ch. 167. An ACT incorporating The Calvinistic Congregational Society in Sandwich, in the Chap. 178. An ACT to increase the number of terms of the Municipal Court of the Town of BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Terms increas- in future the said Municipal Court shall be holden the first Monday of every month, with power to adjourn as originally provided for in the Act of March the fourth, in the year of our ed. Lord one thousand eight hundred, which established said court; 1799 ch. 81. and that, in addition to the salary allowed the judge of said Additional court by the town of Boston, there shall be paid to him, out of salary allowed to judge. the treasury of this Commonwealth, every quarter of a year, the sum of one hundred and eighty-seven dollars and fifty-cents, the first quarter to be considered as having commenced the first day of January last; and said additional allowance to be continued so long as the Act of the twenty-seventh of February, 1812 ch. 133. in the year of our Lord one thousand eight hundred and thirteen, enlarging the jurisdiction of said court, shall remain unrepealed, and the said judge shall be obliged by law to perform the duties therein required. [Feb. 26, 1814.] An Act making further allowance to the Judge and Register of Probate, for the Chap. 179. County of Oxford. [Feb. 26, 1814.] An ACT in addition to an Act to incorporate The Wiscasset Marine Insurance Chap. 180. Company. [Feb. 26, 1814.] 1813 ch. 19. An ACT to establish a Free School in Township number Six, in the eighth range, Chap. 181. north of the Waldo Patent, in the County of Hancock, by the name of the Hancock Free School. [Feb. 26, 1814.] Sixth section repealed by add. act—1815 ch. 61. An ACT concerning Suits in behalf of the Commonwealth. Chap. 182. paid to clerk SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the same, That in all civil actions, in which the Commonwealth Costs to be shall be party, whether by scire facias or other suit or process, the costs which may be taxed in favour of the Commonwealth, and which may be paid before any execution shall issue, shall be paid to the clerk of the court in which said suit shall be pending, and by him immediately paid over without any de--and by him duction to the treasurer of the county, who shall account for to county treaand settle the same with the State treasurer, in the same manner as is provided by law for the settlement and adjustment of accounts by county treasurers of fines, penalties and forfeitures, and costs in criminal prosecutions. surer. 1791 ch.53, &c. SECT. 2. Be it further enacted, That no fees for travel shall No fees for be allowed and taxed in any bill of costs in any such suit as is travel. described in the foregoing section, in which the Commonwealth shall be party. [Feb. 28, 1814.] See 1817 ch. 145. An ACT to prevent the destruction of the Fish called Alewives and Shad, in Chap. 183. Charles River. [Feb. 28, 1814.] An Act in addition to an Act, entitled, "An Act declaring and confirming the in- Chap. 184. corporation of the Proprietors of The New South Meeting-House in Boston. [Feb. 28, 1814.] 1803 ch. 56. An ACT to incorporate The Evangelical Missionary Society in Massachusetts. Chap. 185. [Feb. 28, 1814.] An ACT continuing The Massachusetts Charitable Mechanic Association. [Feb. Chap. 186. 28, 1814.] An ACT incorporating certain persons for the purpose of building a Bridge over Saco River, in the Town of Fryeburgh, near the dwelling-houses of Oliver Knight and Henry Gordon, Jun. [Feb. 28, 1814.] 1805 ch. 75. Chap. 187. An ACT for altering the Times and Places of holding the Circuit Courts of Common Chap. 188. Pleas and Courts of Sessions, and for establishing a new district for the Registry of Deeds in the County of Hancock, and other purposes. [Feb. 28, 1814.] Superseded by 1816 ch. 24. Chap. 189. An Acr in addition to an Act, entitled, "An Act in addition to an Act, defining the general powers and duties, and regulating the office of Sheriff," and for extending the provisions thereof to Corouers. 1794 ch. 53. Authority, powers and duties extend ed. Chap. 190. 1812 ch. 32. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the authority and powers given to, and duties required of the justices of the several Courts of Common Pleas, with regard to sheriffs, contained in an Act, entitled, "An Act in addition to an Act defining the general powers and duties, and regulating the office of sheriff," passed the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and ninety-five, shall be, and hereby are extended to the justices of the several Circuit and other Courts of Common Pleas in this Commonwealth, with regard to coroners; and the same proceedings in all respects shall be had respecting coroners' bonds and sureties; and coroners shall be liable to the same forfeitures for like causes, to be recovered in like manner, and subject to removal from office in the same way, and to be proceeded against in the same manner, in all respects, as are provided in the Act to which this is an addition, with regard to sheriffs. [Feb. 28, 1814.] Further add. act-1822 ch. 20. An ACT in addition to an Act, entitled, "An Act imposing a Tax on the Banks within this Commonwealth." 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 corporation of each and every bank within this Shall pay tax Commonwealth, which now is in operation, or which shall to the trea surer. Duty of the Section of act repealed. hereafter come into operation, shall, within ten days after the first Mondays of October and April annually, pay to the Treasurer of this Commonwealth, for the use of the same, a tax of one half of one per cent. on the amount of such part of their original stock as shall have been actually paid in by the stockholders in the respective banks, according to the provisions contained in the first section of the Act, entitled, "An Act imposing a Tax on the Banks within this Commonwealth." SECT. 2. Be it further enacted, That it shall be the duty of the corporation of the several banks aforesaid, on or before the first Monday of April next, to furnish the Treasurer of the Commonwealth with an abstract of the amount of stock actually paid by stockholders in the respective corporations, into their respective banks, together with the time when the several instalments were paid; and it shall be the duty of all such banking incorporations, who have not yet completed the payment of their several instalments, and of all such as shall hereafter be incorporated, to furnish a like abstract of the amount of stock which shall be actually paid by the stockholders thereof into their respective banks, within ten days after such instalment shall have been paid in. SECT. 3. Be it further enacted, That the first section of the Act, entitled, "An Act imposing a Tax on the Banks within this Commonwealth," be, and it hereby is repealed: Provided however, The same shall be and remain in force so far as to compel all such corporations to fulfil and perform the duties therein required of them, and to pay the tax therein imposed on them, as shall have neglected to comply with the same. [Feb. 28, 1814.] Further add. act-1814 ch. 50. An ACT to erect the District of Lynnfield, in the County of Essex, into a Town, Chap. 191. by the name of Lynnfield. [Feb. 28, 1814.] An ACT in addition to an Act, entitled, "An Act to provide for the Proof of Fire Chap. 192. Arms, manufactured within this Commonwealth." 1804 ch. 81. Manner of SECT. 1. 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, all musket barrels and pistol barrels, manufactured within this Commonwealth, shall, before the same shall be sold, and before the same shall be stocked, be proved by the person appointed according to the provisions of an Act, entitled, "An Act to pro- proving. vide for the proof of Fire Arms, manufactured within this Commonwealth," to which this is an addition, in manner following, viz.: with a charge of powder equal in weight to the ball which fits the bore of the barrel to be proved; and the powder used in such proof, one ounce thereof in a howitzer of four and a half inch caliber, at an elevation of forty-five degrees, shall be of sufficient power to carry a twelve pound shot one hundred and thirty yards; or one ounce thereof in a howitzer of five and a half inch caliber, at an elevation of forty-five degrees, shall be sufficient to carry a twenty-four pound shot eighty yards; and the ball used in such proof shall be suited to the bore of the barrel to be proved as aforesaid. SECT. 2. Be it further enacted, That if any person or persons, Restrictions, from and after the passing of this Act, shall manufacture, within this Commonwealth, any musket or pistol, or shall sell and deliver, or shall knowingly purchase any musket or pistol, without having the barrels first proved according to the provisions of the first section of this Act, marked and stamped according to the provisions of the first section of the Act to which this is an addition; or if any person or persons shall sell, stock or finish, or shall knowingly purchase any musket barrel or pistol barrel manufactured within this Commonwealth, which shall not have been first proved, marked and stamped according to the provisions aforesaid, the person or persons who shall so manufacture, sell and deliver, or knowingly purchase any musket or pistol without causing the same to be first proved, marked and stamped as aforesaid, and the person or persons who shall sell, stock or finish, or shall knowingly purchase any musket barrel or pisto! barrel, which shall not have been proved, marked and stamped as aforesaid, shall severally forfeit Forfeitures. the sum of ten dollars, to be recovered by an action of debt before any court proper to try the same, by any person who shall sue for and recover the same, to his own use: Provided Proviso. however, That the foregoing provisions and penalties shall not extend to any muskets or pistols, or musket or pistol barrels, manufactured in any armoury of the United States, for their use, or in execution of any contract made or to be made with the United States, for the manufacture of fire arms. |