Sections repealed. SECT. 3. Be it further enacted, That the second and third sections of the Act to which this is an addition, and also so much of the first section thereof as prescribes the mode of proving musket barrels and pistol barrels, and the power of the powder to be used in such proof, be, and the same are hereby repealed. [Feb. 28, 1814.] Chap. 193. An ACT to incorporate The President, Directors and Company of The Lynn Mechanicks' Bank, [Feb. 28, 1814.] Add. acts-1814 ch. 145: 1816 ch. 36: 1817 ch. 153. Chap. 194. An ACT to restore the Board of Overseers of Harvard College, and to make an Ad dition thereto. 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Court assembled, and by the authority of the same, That an act made and passed on the twenty eighth day of FebAct repealed.. ruary, in the year of our Lord one thousand eight hundred and twelve, entitled "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the board of overseers of Harvard College, and to regulate certain meetings of that board," be, and the same is hereby repealed. 1811 ch. 157. Senate added to the board. 1 09 ch. 114. force. SECT. 2. Be it further enacted, That the Senate of this Commonwealth shall be, and they hereby are added to the board of overseers, constituted by an act made and passed on the fifth 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," and shall, together with the persons mentioned in the said last mentioned act, hereafter constitute the board of overseers of Harvard College; they, or the major part of them present at any legal meeting, to exercise and enjoy all the rights, powers and privileges, and to be subject to all the duties of the board of overseers, constituted under the said last mentioned act. SECT. 3. Be it further enacted, That this act shall be in Act, when in force, when the overseers of Harvard College, constituted by the last mentioned act, and the president and fellows of Harvard College, shall agree to accept the provisions of this act. [Feb. 28, 1814.] An ACT to prevent Frauds in Elections. may BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person, who is by law authorized to preside at any meeting, or to receive votes at any meeting, which be holden for the choosing of Governor, Lieutenant-Governor, Senators and Councillors, Representatives to Congress or to the General Court, or any town officers, shall knowingly receive the vote of any person, who is in the military service of the United States, and who is not qualified to vote agreeably to the constitution and laws of this Commonwealth in choosing as aforesaid; such person, so presiding or receiving any vote as aforesaid, shall forfeit and pay one hundred dollars, to be recovered by information to be filed and prosecuted by the attorney-general or the solicitor-general in the Supreme Judicial Court, or by indictment in said court. [Feb. 28, 1814.] An ACT to apportion and assess a Tax of one hundred and thirty-three thousand, Chap. 196. three hundred and thirty-four dollars, ninety-two cents, for the service of the State. [Feb. 28, 1814.] An ACT to transfer the Powers and Duties of the Courts of Sessions to the Circuit Chap. 197. Court of Common Pleas, and for other purposes. 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 repealed in That from and after the first day of June next, the act, entit- part. led "An Act to establish the Court of Sessions," passed the 1811 ch. 81. twenty-fifth day of June, in the year of our Lord one thousand eight hundred and eleven, be, and the same is hereby repealed; except so far as it relates to the counties of Suffolk, Nantucket and Dukes County. SECT. 2. Be it further enacted, That from and after the first day of April next Petitions, reș all petitions, recognizances, warrants, orders, certificates, reports and processes, cognizances, made to, pending in, taken for, or continued, or returnable to the Courts of Sessions &c. in the several counties of this Commonwealth, except as aforesaid, shall be returnable to, entered, have day, be proceeded in, and determined by the respective Circuit Courts of Common Pleas, within and for the same counties at the term thereof, which shall be holden next after the first day of July next; and that all petitions, recognizances, warrants, orders, reports, and processes, which shall after the said fist day of April next be made or taken, shall be made and taken to the Circuit Courts of Common Pleas within the respective counties, except as aforesaid, at the term thereof which shall be next holden after the said first day of July next, in the same manner as they would have been made or taken to the said Court of Sessions, if this act had not been passed. SECT. 3. Be it further enacted, That from and after the first day of June next, Time of holdthe Circuit Courts of Common Pleas, within this Commonwealth, at the first terin ing courts. thereof, which shall be holden in each county, next after the first day of January, and at the first term thereof which shall be holden in each county next after the first day of July in each year, shall have, exercise and perform all the powers, au- Powers, &c. thorities and duties, which the respective Courts of Sessions, within the several counties in this Commonwealth have, before and until the passing of this act, by law had, exercised and performed, except in the counties of Suffolk, Nantucket and Dukes County as aforesaid. SECT. 4. Be it further enacted, That his excellency the Governor, by and with Governor to the advice and consent of the Council, be, and he hereby is authorized immediately appoint Session after the passing of this act, to appoint and commission two discreet persons, be- Justices. ing free holders, within each county of this Commonwealth, except as aforesaid, who shall be Session Justices of the Circuit Court of Common Pleas in their respective counties; and the persons so appointed and commissioned, shall be associated with the justices of the Circuit Court of Common Pleas at the first term of the said court, which shall be holden in their respective counties, next after the first day of January, and at the first term thereof which shall be holden next after the first day of July, in each year, for the purpose of hearing, adjudging and determining all matters and things of which the Courts of Sessions in the several counties in this Commonwealth, before and until the passing of this act, had cognizance and jurisdiction, and of which, cognizance and jurisdiction are by this act transferred to the Circuit Court of Common Pleas; and any three of the said justices (of whom one at least shall be one of the Session Justices for the county) shall constitute a court for all the purposes expressed in this act. SECT. 5. Be it further enacted, That the several Session Justices of the Circuit Court of Common Pleas shall be entitled to receive out of the treasury of their respective counties, three dollars for each day's necessary attendance at the Circuit Court of Common Pleas, and ten cents for each mile of necessary travel from their respective places of abode to attend said courts for the purpose expressed in this act: Provided, That the said justices shall be allowed pay for no more than one travel at any one term of the said courts. [Feb. 28, 1814.] Repealed, except the first section--1818 ch. 120. Add. act-1815 ch. 10. Compensation. An ACT to establish a Fund for the support of Schools, in the town of Phillips. Chap. 198. [Feb. 28, 1814.] An Acr in addition to, and declaratory of the true intent and meaning of "An Chap. 199. Act to repeal in part an Act, entitled, an Act providing for the appointment of Clerks of the Courts in the several Counties, and for the safe keeping of the Ju- 1813 ch. 77. dicial Records and Files, and for other purposes." WHEREAS in pursuance of " An Act providing for the ap- 1811 ch. 8. pointment of Clerks of the Courts in the several Counties, and act. 1813 ch. 77. for the safe keeping of the Judicial Records and Files, and for other purposes," some clerks of the courts had rendered to the treasurers of their respective counties their accounts of the sums by them received, and had paid over to their respective county treasurers, for the use of the county, one half of the residue, after deducting twelve hundred dollars; and whereas the General Court had directed the sums that were to be so paid by the clerks, within the second and the third eastern circuits, to be paid over by the county treasurers within the said circuits, to the judges of the Circuit Courts of Common Pleas, for their further compensation: SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Explanation of That nothing contained in "An Act to repeal in part an Act, entitled an Act providing for the appointment of Clerks of the Courts in the several Counties, and for the safe keeping of the Judicial Records and Files, and for other purposes," shall be so construed, as to exempt the clerks of the several counties. from rendering their accounts to the respective county treasurers, of monies received by them until the twenty-seventh day of January, in the year of our Lord one thousand eight hundred and fourteen, or from paying over one half of the residue of the sums received by them, after deducting twelve hundred dollars annually, until the said twenty-seventh day of January, in the same manner they were required to do, by the second section of "An Act providing for the appointment of Clerks of the Courts in the several Counties, and for the safe keeping of the Judicial Records and Files, and for other purposes." 1811 ch. 8. Judges of Su preme Judicial Court may ap point clerks. 1815 ch. 37. SECT. 2. Be it further enacted, That the judges of the Supreme Judicial Court are hereby authorized and empowered to appoint clerks of the Supreme Judicial Court, and of all the Circuit Courts of Common Pleas within the Commonwealth. [Feb. 28, 1814.] Chap. 200. An ACT to repeal in part an Act, entitled, "An Act to incorporate Samuel H. Flagg and others, by the name of The Proprietors of Prison Point Dam Corporation." [Feb. 28, 1814.] 1806 ch.4. Chap. 201. Chap. 1. 1813 ch. 90. Chap. 2. 1796 ch. 78. An ACT granting to the Proprietors of Union Locks and Canals, authority to sell An ACT in addition to an Act, entitled, "An Act to incorporate the President, Directors and Company of the Springfield Bank.” [June 2, 1814.] Further acts1814 ch. 60: 1817 ch. 54. 115. An ACT for the relief and to alter the name and stile of The Third Massachusetts An ACT establishing the Haverhill Cotton and Wool Manufactory. [June 7, 1814.] Chap. 3. Chap. 4. An ACT to incorporate the Chester Glass Company. [June 7, 1814.] Chap. 5. An ACT to incorporate the Ashburnham Cotton Factory Company. [June 7, 1814.] Chap. 6. Chap. 7. 1813 ch. 16, An ACT to establish the Free Christian Society in Berkley. [June 7, 1814.] An ACT to incorporate the Athol Manufacturing Company. [June 9, 1814.] An Acr in addition to an Act, entitled, "An Act to incorporate William Gray, Jun. Esq. and others, into a Company, by the name of the Essex Fire and Marine Insurance Company." [June 9, 1814.] Chap. 8. Chap. 9. 1802 ch. 110. An Act to incorporate the Dalton Cotton and Paper Manufacturing Company. Chap. 10. [June 9, 1814.] An Act to incorporate the north part of the Town of Dighton into a separate Chap. 11. Town, by the name of Wellington. [June 9, 1814.] An Act to incorporate the Paris Manufacturing Company. [June 9, 1814.] An ACT to incorporate the Northbridge Cotton Manufacturing Company. 9, 1814.] Chap. 12. [June Chap. 13. An ACT to fix the times and place for holding the Circuit Court of Common Pleas, Chap. 14. in the County of Oxford. June 9, 1814.] Repealed-1814 ch. 88. An ACT to alter the Name of the Town of Stroudwater, in the County of Cumber- Chap. 15. land. [June 9, 1814.] An ACT to establish the Farmers' Glass Factory. [June 9, 1814.] An Act to alter and establish the Boundary Line between the Towns of Tyngsbo- An ACT to incorporate the Hampshire Agricultural Society. [June 11, 1814.] 1813 ch. 119. Chap. 16. 1797 ch. 33. Chap. 18. Chap. 19. 1811 ch. 33. Court estab 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, the counties of Nantucket and Dukes County shall be annexed to the southern circuit, and that a Circuit Court of Common Pleas shail be holden lished. by one or more of the justices of said court for the southern circuit, at Nantucket, within and for the county of Nantucket, on the second Monday of May and the Place and first Monday of November annually; and at Edgarton, within and for the county times holden. of Dukes County, on the third Monday of May and the second Monday of November annually. And all actions, suits, matters and things whatsoever, now pending &c. in the Courts of Common Pleas, within and for the counties of Nantucket and Actions, suits, Dukes County, and all writs and processes of every kind whatsoever, returnable to writs and prosaid Courts of Common Pleas, and which would have had day therein, if this Act cesses. had not been passed, shall be sustained, returnable to, and have day in and be acted upon by said Circuit Court of Common Pleas, at the first term thereof, in each of the counties aforesaid; and all parties, jurors, witnesses and other persons, Parties, jurors, in any manner bound or held to appear in the Courts of Common Pleas, which would have been holden within and for the county of Nantucket, on the first Monday of October next, and within and for the county of Dukes County, on the first Monday of November next, if this Act had not been passed, shall be held and bound, under the same penalties, to appear in the said Circuit Court of Common Pleas, in each of the counties aforesaid, at the times appointed by this Act. And the said Circuit Court of Common Pleas shall grant execution, to carry into effect any judgment heretofore rendered in either of the Courts of Common Pleas, within and for the counties of Nantucket and Dukes County aforesaid, in the same manner as the said Courts of Common Pleas might and ought to have done, if this Act had not been passed; and one justice of said Circuit Court of Common Pleas shall have all the power and authority for transacting the business of said court, in the counties of Nantucket and Dukes County, as a majority of said court have and exercise in either of the counties of the southern circuit. Power of the judge. SECT. 2. Be it further enacted, That the several sheriffs of the counties aforesaid, or their deputies, or either of the clerks of said courts, in the counties aforesaid, Power of the in the absence of the sheriffs aforesaid, shall respectively have power, by procla- sheriff. mation, to adjourn either of the courts aforesaid from day to day, provided a justice of said court shall not arrive in season for holding the same; and immediately on adjourning either of said courts, by proclamation aforesaid, it shall be the duty of the sheriffs or their deputies, or the clerks of said counties, to post up notifications of such adjournments, in two of the most public places in the towns of Nantucket and Edgarton, in the counties aforesaid, Acts repealed. Chap. 21. 1803 ch. 86. Chap. 22. 1787 ch. 58. Chap. 23. SECT. 3. Be it further enacted, That all Acts and parts of Acts, establishing Courts of Common Pleas within and for the counties of Nantucket and Dukes County, be, and the same are hereby repealed. [June 13, 1814.] Repealed1820 ch. 79. An ACT in addition to an Act, entitled, " An Act to establish a Fund for the support of the Gospel Ministry in the First Parish of the Town of Groton, in the County of Middlesex, and to appoint Trustees for the management thereof." [June 13, 1814.] An ACT in addition to an Act, entitled, "An Act to prevent the destruction of Alewives and other Fish in Ipswich River, and to encourage the increase of the same," passed the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-eight. [June 13, 1814.] An ACT to incorporate the President, Directors and Company of the Pawtucket Bank. June 13, 1814.] Add. acts-1814 ch. 65: 1815 ch. 93: 1817 ch. 68: 1818 ch. 51. An ACT to establish a Corporation, by the name of the Granville and Tolland An ACT to establish the Town of Sangerville, in the County of Hancock. [June Chap. 24. Chap. 25. Chap. 26. Chap. 27. Chap. 28. Chap. 29. Chap. 30. Chap. 31. Chap. 32. Chap. 33. Chap. 34. Chap. 35. Chap. 36. An ACT to incorporate the Proprietors of the Bangor Athenæum. [June 13, 1814.] An Act to annex Joseph Wingate, jun. with his family and estate, and certain land of Wingate Carr, to the Town of Hallowell. [June 13, 1814.] An ACT to alter the times of holding the Circuit Court of Common Pleas and An ACT to annex David McGaffey and others, with their estates, to the Town of An ACT making further provision for the apportioning of County Taxes, which have been granted for the year eighteen hundred and fourteen. [June 14, 1814.] An ACT authorizing the sale of the School Lands, in the Town of Raymond. [June 14, 1814.] An ACT to establish the Town of Hermon, in the County of Hancock. [June 14, 1814.] An ACT to alter the time of holding the Circuit Court of Common Pleas within and for the County of Berkshire. [June 14, 1814.] Repealed—1815 ch. 8. An ACT to annex William Fairbanks, Jesse Gay and Aaron Hiscock, with their families and estates, to the Third Parish in Dedham. [June 14, 1814.] Chap. 37. 1800 ch. 16. Chap. 38. Chap. 39. Chap. 40. Chap. 41. 1806 ch. 84. An ACT providing compensation for the Register of Probate for the County of Cumberland. [June 14, 1814.] An ACT in addition to an Act, entitled, "An Act establishing the Tenth Massachusetts Turnpike Corporation." [June 14, 1814.] Further add. act-1819 cb. 63. An ACT to regulate the taking of the Fish called English Herring. [June 14, 1814.] An ACT to establish The Boston and Roxbury Mill Corporation. [June 14, 1814.] An ACT to authorize the Boston Manufacturing Company to shut the Fish Gate in their Dam across Charles River. [June 14, 1814.] An ACT to repeal in part an Act, entitled, "An Act to incorporate the Plantation of Hiram into a District, by the name of Hiram," in the County of Oxford, and for other purposes. [June 14, 1814.] |