for service. Liability for neglect. Compensation thorized to make said commissioner such reasonable compensation for his services and expenses as shall be just and equitable, to be ascertained in case of disagreement by said commissioners and treasurer, in the same way and manner as is provided for in this act when said commissioners and owners or agents shall not agree respecting such services and expenses; and when any commissioner, appointed in pursuance of this act, shall neglect to inform the Treasurer of this Commonwealth of property taken by him as aforesaid, for sixty days after the expiration of the year he may have held the same, or if so informing said treasurer, he or they shall neglect to pay over the property aforesaid to the treasurer aforesaid, the attorney or solicitor-general of this Commonwealth are hereby authorized and directed to commence a proper legal process for the same, at the next term of the Supreme Judicial Court in the county where said commissioner dwells, and shall pursue the same to final judgment and execution, to pay the sums recovered as aforesaid to the Treasurer of said Commonwealth. Governor to appoint commissioners - who shall give bonds. SECT. 3. Be it further enacted, That the Governor, with the advice of Council, be, and he is hereby authorized to appoint, in the several counties of this Commonwealth, a sufficient num. ber of commissioners, removeable at the pleasure of the executive, of wrecks and lost goods, all of whom shall be commissioned and sworn to the faithful observance of this act, and shall give bonds to the Judges of Probate for the counties in which they reside, with sufficient sureties, to the acceptance of said judges, for the faithful discharge of their trust; and the same remedy may be had on said bonds to any owner, agent, or other person interested in said property, as is had on bonds given to Judges of Probate for the faithful administration on estates. [March 2, 1815.] Chap. 171. An ACT establishing a Law Term of the Supreme Judicial Court, to be holden within and for the Counties of Plymouth and Bristol. ing full court altered. 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 Supreme Place of hold- Judicial Court, to be holden by three or more justices of said court, pursuant to the second section of an act passed on the fifteenth day of March, in the year of our Lord one thousand eight hundred and five, entitled an act making further provision in the judicial department, shall be holden annually, alternately at Plymouth, in the county of Plymouth, and at Taunton, in the county of Bristol, on the second Tuesday in July,* the first term of said court to be holden at Plymouth. 1804 ch. 105. [*Time altered-1820 ch. 14.] SECT. 2. Be it further enacted, That the said court, to be holden as aforesaid, shall have cognizance of all matters and things arising or depending in either of the said two counties Cognizance. respectively, for which the said court is to be holden, and which, by force of the act aforesaid, are to be heard, tried and determined before three or more of the justices of said court, in like manner as if the said court were holden pursuant to the provision in the said second section of said act, in the county, in which such suit may arise, or be depending, excepting only that no issue of fact, to be tried by jury, shall be tried by said court to be holden as afore said. 1 fices as here SECT. 3. Be it further enacted, That all writs of error, in which error in law is assigned, all writs of certiorari, and all Writs to issue other writs and processes in suits, which are to be heard and from same oftried before three or more of the justices of said court, shall be tofore. sued out of the office of the clerk of said court for the county from which it would have issued if this act had never been passed, but shall be made returnable to, and be heard and determined in the court to be holden as aforesaid. to be decided SECT. 4. Be it further enacted, That all motions in arrest of judgment, all demurrers in law, all cases submitted to the Law questions court on a statement of facts, and all other matters which may arise in the Supreme Judicial Court holden in either of said by the court counties, which requires three or more of the justices of said lished. court to determine, shall be heard and determined by the said court by this Act established. hereby estab &c. SECT. 5. Be it further enacted, That it shall be the duty of each of the clerks of said courts in the said counties seasonably Clerks to transto transmit to the clerk for the county in which the said court mit a docket, shall be holden, a docket containing a list of all the actions originally entered in his office, which are to be heard and tried in the court by this Act establ shed, with the files and other papers belonging to said causes; and all the new entries made. at said court shall be made in the docket of the clerk of the county, from whose office the writ issued; and such docket, together with the files and papers aforesaid, not belonging to the office of the clerk of the county, in which such court shall be holden, after the rising of said court, shall be forthwith transmitted to the clerk for the county to which they may appertain, who shall record all the judgments and proceedings of the court relating to suits or other matters depending in his county or belonging thereto, and shall issue executions and other process thereon, in like manner as if the same had been transacted in the county for which he is clerk. SECT. 6. Be it further enacted, That if any person shall be indicted for any capital offence by the grand jury of either of Trial of said counties, and being arraigned therefor, before the Supreme tal offences. Judicial Court, when but one of the justices thereof is present, and shall plead not guilty to such indictment, the justice before whom such court shall be holden, after assigning counsel for the prisoner and doing all things necessary and proper preparatory for the trial, shall give notice to one or more of the justices of said court, that he or they may attend the trial; and such indictment shall not be tried unless before two or more of said justices; and two or more of said justices shall attend for that purpose at the same term on the day assigned for the trial. SECT. 7. Be it further enacted, That it shall not be necessary for more than one of the justices of the said court to One judge to attend at any term of said court, to be holden in either of said bold other counties, excepting the one by this act established, or for the courts. purpose of trying a person, who is indicted for a capital offence. Chap. 172. Chap. 173. 1795 ch. 74. Manner of se as aforesaid. [March 2, 1815.] 1818 ch. 2. [March 2, 1815.] Add. acts-1815 ch. 39: An ACT to incorporate Ebenezer Francis and others, by the name of The Central An ACT in further addition to an Act, entitled, "An Act for the support and re- 66 BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever a jury shall be ordered by the court for the purlecting a jury. poses expressed in an Act, entitled, " An Act for the support and regulation of Mills," the same shall be selected in manner following, viz. the sheriff or coroner, to whom the warrant shall be directed, shall in writing require of the selectmen of the three towns nearest to that in which the land injured is situated, if so many there be within the same county, to return a number of jurors (not less than two, nor more than six from any one town) to serve on the panel; which jurors shall be drawn from the jury box, notified and returned as in other cases, excepting that the town need not be assembled, and that notice to the persons drawn, one day previous to the time appointed for their attendance shall be sufficient; and if any person so returned shall unnecessarily fail to attend, he shall forPenalty for not feit and pay a sum not exceeding ten dollars, at the discretion of the court to whom the verdict shall be returned, to be divided among the jurors who do attend; and if, from accident or challenge, there shall not be a full jury, the officer shall return some suitable person or persons to supply the deficiency. And every person serving on such jury shall receive one dollar and twenty-five cents for each day's attendance, and four cents a mile for his travel going and returning. [March 2, 1815.] attending. Fees. Chap. 174. 1814 ch. 63. Chap. 175. Penalty for bodies An ACT to repeal an Act, entitled, "An Act to provide for the settlement of Accounts for Military Services and Supplies," and to provide for the appointment, and to define the powers of a Board of War. [March 2, 1815.] SECT. 1. An ACT to protect the Sepulchres of the Dead. 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, not being authorized by the board of health, or the selectmen of any town in this Commonwealth, taking up dead shall knowingly and wilfully dig up, remove or carry away, or aid or assist in digging up, removing or carrying away any human body, or the remains thereof, such person or persons, so offending, shall, on conviction of such offence, in the Supreme Judicial Court of this Commonwealth, be imprisoned, not more than one year, or fined, not more than one thousand dollars, according to the nature and aggravation of the offence. for receiving, concealing, &c. SECT. 2. Be it further enacted, That if any person or persons knowingly and wilfully receive, conceal, or dispose of any human body, or the remains thereof, which shall have been dug up, removed, or carried away in the manner described in the first section of this Act, he or they shall be subject to the same forfeitures and penalties, as in said section is provided, on SECT. 3. Be it further enacted, That all fines, accruing un- Appropriation der this Act, shall enure, one half to the informer, and one of fines. half to the town in which the offence is committed. [March 2, 1815.] An Act in addition to the several Acts defining the general Powers and Duties of Chap. 176. Turupike Corporations. 1804 ch. 125, BE it enacted by the Senate and House of Representatives, in &c. General Court assembled, and by the authority of the same, That it shall be lawful for all turnpike corporations, that are, Additional or may be established by law, to demand and receive, in ad- toll. dition to the present rates of toll, for every cart or waggon drawn by more than four oxen or horses, two cents for each additional ox or horse. [March 2, 1815.] Further add. act— 1817 ch. 140. An Act in addition to an Act, entitled, “An Act to incorporate William Bartlet Chap. 177. and others into a Company, by the name of The Merrimack Insurance Com- 1813 ch. 82. pany." [March 2, 1815.] An ACT authorizing the establishment of Law Libraries. Chap. 178. may be formed. to organize. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in every county within this Commonwealth, where- Law Library in there shall reside five or more attornies at law regularly ad- Associations mitted and sworn to practise before the Circuit Court of Common Pleas, it shall be lawful for any five or more of them to make application in writing to any Justice of the Peace within and for said county, requesting him to issue his warrant for calling a meeting of the practitioners at law within the same county, to meet at some certain time and place for the purpose of organizing the establishment of a Law Library; and such justice shall thereupon issue a warrant under his hand and seal Manner of caldirected to some practitioner at law residing within the shire ling a meeting town of said county, requiring him to notify the other members of the bar residing therein, either personally or by written notification posted up at some conspicuous place in the courthouse in said county, at least seven days before the time of meeting as mentioned in said warrant, which meeting shall be holden, at the next succeeding term of the Circuit Court of Common Pleas in said county on some day subsequent to the second day from the commencement of its session; and the person to whom such warrant is directed shall serve the same in manner as aforesaid, and make return thereof under his hand to the justice who issued the same, or to some other Justice of the Peace within and for said county, whose duty it shall be to preside at said meeting in the choice of a clerk, a treasurer Officers to be and librarian, each of whom shall thereupon be sworn by the chosen. Duty on attornies' ad mission to the Com. Pleas, to surer of the law library association. Duties of clerk, treasurer and presiding officer, to the faithful discharge of their respective duties, and to hold their offices during the pleasure of the association; and the said members of the bar, so notified and met, to the number of five or more, shall at their first meeting prescribe the mode of calling future meetings of said association, and establish such rules and regulations as may be found necessary from time to time, to carry the purposes of this Act into effect, not repugnant to the constitution and laws of this Commonwealth; and at all future meetings, the oldest member of the bar residing within said county, who is present, shall preside. SECT. 2. Be it further enacted, That the sum of twenty dollars, which by law is now paid into the county treasury, on the admission of all practitioners at the bar of the Circuit Court of Common Pleas, shall hereafter be paid to the treasurer of be paid to trea- every law library association in any county in this Commonwealth that shall be formed in pursuance of this Act, which treasurer shall give his receipt therefor to the person paying the same; which sum so paid, as duty or excise as aforesaid, together with all bequests and donations made thereto, shall be applied, under the direction of said association, to form a law library, for the use of said county, under such reasonable regulations as the said association may appoint. And the clerk of said association shall keep an exact record of all the proceedings thereof, and the said treasurer shall keep an exact account of all monies, donations, and bequests belonging to said association, which account he shall be holden annually to settle under oath with the association, in such manner as they shall prescribe; and the librarian, as well as the treasurer and clerk, shall be answerable in an action of the case for all malfeasance or misfeasance in their respective offices to the association aforesaid, by the name of "The Law Library Association," for the county within which it is formed: Provided however, That the law library aforesaid shall be kept in a shire town within the county. librarian. Proviso. Act in part repealed. 1795 ch. 80. Chap. 179. 1799 ch. 43. Chap. 180. 1809 ch. 119. Chap. 181. SECT. 3. Be it further enacted, That the Act passed on the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and ninety-six, so far as it relates to the payment of twenty dollars into the county treasury by persons admitted to practise law before the Circuit Courts of Common Pleas, as it relates to the counties in this Commonwealth, in which law library associations are, or shall be formed, in pursuance of this Act, and as to the receipt to be given by the county treasurer therefor, be, and the same is hereby repealed. [March 2, 1815.] An ACT to authorize The Proprietors of a Marsh, in Rowley, to repair and main- An ACT to extend the time for making the Woburn Turnpike Road, and Dracut An ACT providing Compensation to Militia Officers, in certain cases. |