Common Chap. 36. Chap. 37. 1813 ch. 199. rized to appoint clerks pro tempore. of the terms now to be holden by law; the same to commence on the first Tuesdays of July, October, January and April; and all writs and processes, made returnable to the same court, shall be made returnable at the periods aforesaid: And all writs and processes whatever, which are now made returnable to the next Septeinber term of said court, and which would have had day therein, if this Act had not been passed, shall be sustained and have day in the next October term thereof. June 15, 1815.] Further add. act-1817 ch. 165. Both repealed-1820 ch. 79. An ACT regulating the attendance of the Grand Jury, at the Circuit Court of Common Pleas for the County of Somerset. Jan. 20, 1816.] An ACT respecting Clerks of Courts. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Supreme Judicial Court, and every other court of record Courts autho- in this Commonwealth, who by law have a clerk or recorder, to record the proceedings of such court, shall have power, and they are hereby respectively authorized, at any term of said courts, to appoint a clerk pro tempore, whenever, by death, sickness, or inability to attend, the said courts are deprived of the attendance in court of the clerk or recorder of such courts respectively: Provided however, That in all cases, before such clerk pro tempore, to be appointed as aforesaid, shall enter on the duties of his office, he shall take the same oaths of office which the clerk or recorder, for whom he may be substituted, is by law obliged to take, previous to his entering on the duties of his office: And provided also, That the office and duty of such clerks pro tempore, to be appointed as aforesaid, shall cease from and after the disabilities or incapacities of the clerks or recorders of said courts, respectively, are removed, or new ones appointed, agreeably to the provisions of law. [Jan. 20, 1816.1 Provisos. Chap. 38. Inspectors to make annual returns. Items of the returns. An ACT requiring certain Public Inspectors to make annual Returns. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That it shall be the duty of the inspectors hereafter named, to make an annual return into the office of the Secretary of this Commonwealth, of the quantity of articles inspected by them and their deputies, in the course of the year, viz.; the inspector of pot and pearl ashes, the inspector of nails, the inspector of butter and lard, the inspector of hops, the inspector of beef and pork, and the inspector of pickled fish. SECT. 2. Be it further enacted, That the items of said returns shall be as follows; that the inspector of pot and pearl ashes shall make a return of the number of casks of pot and pearl ashes, specifying the number under each brand, and the weight of each specific quality. That the inspector of beef and pork shall return the whole number of barrels under each of the respective brands used by him. That the inspector of nails shall make return of the number of casks, and weight of wrought and cut nails, specifying the different quantities of each. That the inspector of butter and lard shall make a return of the number of casks of different qualities of these articles branded by him, and the weight of the respective kinds. That the inspector of pickled fish shall make return of the gross quantities of fish in spected by him. That the inspector of hops shall return the whole number of bags marked by him, of the different qualities, and the weight of each quality, respectively. SECT. 3. Be it further enacted, That the several inspectors Their deputies before named shall require of their several deputies to make to make rethe returns to them, necessary to carry into effect the provisions turns to them. of this Act. The several inspectors shall make up the returns before specified, to the first day of May of each year, and send in their returns to the secretary's office, in the course of the same month. [Jan. 20, 1816.] An Act in addition to the Act establishing a Law Term of the Supreme Judicial Chap. 39. Court within and for the Counties of Plymouth and Bristol. 1814 ch. 171. law term 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, when any Appeals to be judgment is rendered by any Circuit Court of Common Pleas, made to the holden in and for either of the counties of Plymouth or Bristol, the Supreme on an issue in law, (unless there is a reservation in the plead- Court. ings to wave the same at the Supreme Judicial Court, and there plead anew,) and either party shall appeal from such judgment, that such appeal shall be to the law term of the Supreme Judicial Court, next to be holden within and for the said counties of Plymouth and Bristol, and such action shall be heard and tried by said court. SECT. 2. Be it further enacted, That when an appeal is Sanity of tesmade from the decree of the Judge of Probate of either of said tators to be counties, with regard to the sanity of a testator, to the Supreme under direction Judicial Court for said county, and the parties do not agree to of a single have the same decided by the court, that in every such case judge, with the same shall be tried by a jury, under the direction of the right of reserv ing points for judge, who shall attend said court, (if but one judge is present,) decision of full and either of the parties who shall be dissatisfied with the di- court. rection of the judge, may have the point or 'points saved for 1817 ch. 63. the consideration and determination of the justices of said court, at their next law term, in and for said counties; and the same proceedings shall be had as in other cases tried in said court by a jury. But if the parties shall agree that the same shall be tried by the court, then the same shall be transferred to the next law term of said court, to be holden in and for said counties, in the same way and manner as law questions are by said court heard and tried. cases referred SECT. 3. Be it further enacted, That the justices of said Court may recourt, at any law term, in either of said counties, are hereby ceive reports authorized to receive the report of referees in any case refer- of referees red red from the Supreme Judicial Court, in either of said counties, in either of to render judgment, and award execution thereon, and also to said counties. decide on any other matter which shall be submitted to them, by the parties in any action, render judgment, and award execution thereon. [Jan. 24, 1816.] Further add. act-1818 ch. 2. An ACT incorporating Trustees of the Saco Free Bridge Fund. [Jan. 24, 1815.] Chap. 40. VOL. II. 50 Chap. 41. 1794 ch. 49. Chap. 43. Chap. 44. Chap. 45. Chap. 46. 1811 ch. 18. Chap. 47. Chap. 48. Chap. 49. 4 Anne ch. 3. 13 Geo. I. ch.3. Person not to be counsel in cases which he has determined as judge or justice. Justice of the decide any ac- An ACT to establish the Town of Kingfield, in the County of Somerset. [Jan. 24, 1816. An ACT to repeal an Act, entitled, "An Act setting off Samuel Sparhawk of Cam- An ACT to empower George Houdlette to build a Tide Mill, or Mills, on Eastern An ACT to establish the Town of Moscow, in the County of Somerset. [Jan. 30, An ACT in addition to an Act, entitled, "An Act establishing the North-West 1819 ch. 153. An ACT to incorporate The Douglas Cotton Manufacturing Company. [Feb. 1, 1816.] An ACT to establish the Town of Wales, in the County of Lincoln. [Feb. 1, 1816.] An ACT to regulate the Practice of Law in certain cases. SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, That from and after the passing this Act, no person shall enbefore any court gage or be employed as counsel or attorney within this Commonwealth, in any action which he shall have determined as judge or Justice of the Peace; and if any person as aforesaid shall appear as counsel or attorney in any action or suit, he shall not be permitted to prosecute, defend, answer to, or manage such action or suit. SECT. 2. Be it further enacted, That no Justice of the Peace within this Commonwealth shall hear or determine any civil action, which shall have been commenced by himself or by his ed by himself order or direction, and every civil action commenced as aforeor by his direc- said shall abate. [Feb. 1, 1816.] tion. Chap. 50. Chap. 51. 1793 ch.42. An ACT to incorporate The First Congregational Society in the Town of Union. [Feb. 1, 1816.] An ACT in further addition to an Act, entitled, "An Act to secure to owners their property in Logs, Masts, Spars, and other Timber in certain cases." [Feb. 2, 1816.] This act respects Sheepscot River only. Further add. acts-1817 ch. 84: 1818 ch. 91. An ACT to incorporate the town of Greenwood. [Feb. 2, 1816.] Chap. 52. Chap. 53. Chap. 54. An ACT to incorporate the First Universalist Society in Waterville. [Feb. 2, 1816.] Chap. 55. Chap. 56. 1797 ch. 75. Chap. 57. Chap. 58 1812 ch. 48. Chap. 59. 1799 ch. 4. An ACT to incorporate the First Baptist Society in Hardwick. [Feb. 3, 1816.] An ACT to establish a Ministerial Fund in the town of Medfield. [Feb. 3, 1816.] An ACT authorizing the President, Directors and Company of the Portland Bank to cease to be a Banking Company. [Feb. 7, 1816.] An ACT respecting Portland Academy. [Feb. 7, 1816.] An ACT in addition to an Act, entitled, "An Act to establish a Free School in An ACT in addition to an Act, entitled, "An Act for incorporating certain persons An Act in addition to an Art, entitled, “An Act to incorporate the President, Directors and Company of the Kennebeck Bank." [Feb. 8, 1816.] Further add. act-1816 ch. 29. An ACT to incorporate the town of Weld. [Feb. 8, 1816.] Chap. 60. 1793 ch. 74. Chap. 61. 1813 ch. 181. Chap. 62. Chap. 63. 1795 ch. 63. Chap. 64. 1812 ch. 51. Chap. 65. An ACT to establish the Dudley Cotton Manufacturing Company. [Feb. 8, Chap. 66. 1816.] An ACT to incorporate the town of Guilford. [Feb. 8, 1816.] Chap. 67. An ACT in addition to an Act, entitled, "An Act to incorporate the Manufacturers Chap. 68. and Mechanics' Bank." [Feb. 8, 1816.] 1813 ch. 134. An ACT in addition to an Act, entitled, "An Act to incorporate certain persons in Chap. 69. the town of Dudley, by the name of The First Congregational Society in Dudley." [Feb. 8, 1816.] An Act to repeal a provision in the Act, entitled, "An Act for the preservation of An ACT incorporating certain persons for the purpose of building a Bridge over An ACT to incorporate the Patent Pump Company. [Feb. 8, 1816.] 1797 ch. 27. Chap. 70. 1814 ch. 130. Chap. 71. Chap. 72. Chap. 73. An ACT to regulate the quality of Paper for Books of Public Record. 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 first day of May next, all mat- Paper for pubters which are to be entered of record in any office of public re- lic records to be cord within this Commonwealth, shall be so entered or record- wholly of linen. ed on paper made wholly of linen, of a firm texture, well glazed and well finished. SECT. 2. Be it further enacted, That it shall be the duty Preference to of the clerks or registers of said offices, respectively, to give a be given to dopreference, for the aforesaid purpose, to linen paper of Ameri- mestic manucan or domestic manufacture: Provided always, that such pa- Proviso. per be marked in water line with the word linen, and also with the name of the manufacturer. [Feb. 9, 1816.] facture. An Act to incorporate the Second Congregational Society in Charlestown. [Feb. Chap. 74. 9, 1816.] Name altered to the New Church in Charlestown-1818 ch. 62. An Act to incorporate the Agricultural Society in Attleborough. [Feb. 9, 1316.] Chap. 75. An ACT to incorporate the Rivulet Manufacturing Company. [Feb. 9, 1816.] An ACT to incorporate the Handel and Haydn Society. [Feb. 9, 1816.] Chap. 76. Chap. 77. An ACT to establish the town of Cherryfield, in the county of Washington. [Feb. Chap. 78. 9, 1816.] Chap. 79. Chap. 30. 1813 ch. 175. Chap. 81. Chap. 82. 1794 ch. 13. Chap. 83. Chap. 84. Chap. 85. Chap. 86. 1805 ch. 97. Punishment for assault upon a female child. An ACT to incorporate the North Brookfield Woollen Manufacturing Company, {Feb. 9, 1816.] An ACT in addition to an Act, entitled, "An Act to incorporate the President, Di- An ACT establishing the Compensation of the Judge of Probate in the county of An ACT in addition to an Act, entitled, "An Act to incorporate the Episcopal An ACT to regulate the Fisheries in the town of Dennis. [Feb. 10, 1316.] An ACT to empower the Selectmen of Saugus to appoint Engine-Men. [Feb. 10, 1816.] An ACT to authorize the towns of Charlestown and Medford to sell the privilege of taking Shad and Alewives, in the waters situate between those towns. [Feb. 10, 1816.] Repealed--1820 ch. 48. An ACT in addition to an Act, entitled, "An Act for the punishment of Rape, and for the prevention of the same." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any person shall be convicted in the Supreme Judicial Court of having made an assault on any female child under the age of ten years, with an intent to commit a rape, after the passing of this act, he shall be punished by solitary imprisonment, not exceeding four months, and afterwards by confinement to hard labour for any term of years, or for life, according to the circumstances and aggravation of the offence, as the court in their discretion may think proper. [Feb. 10, 1816.] An ACT for setting off Japheth C. Washburn and John Brackett and their estates, from the town of Fairfax, and annexing them to the town of Harlem. [Feb. 10, 1816.] An ACT to incorporate the President, Directors and Company of the Bedford Commercial Bank. [Feb. 10, 1816.] Add. act-1821 ch. 6. Chap. 87. Chap. 83. Chap. 89. An ACT to establish the Fourth Congregational Society in the town of Plymouth. [Feb. 10, 1816.] Chap. 90. An ACT to incorporate the President, Directors and Company of the Commercial Chap. 91. An ACT to incorporate the York County Bible Society. [Feb. 13, 1816.] may be entered, in actions Continued nisi. An ACT making further provision in the Judicial Department. SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of same, How judgments That from and after the passing of this act, when at any term of the Supreme Judicial Court holden or to be holden in any county, by three or more justices thereof, any action shall have been continued nisi, for advisement by the court, or for argument by consent of parties, and the justices of said court shall have determined the same before the next law term of said court holden in the same county, it shall be lawful to enter judgments upon said actions, as of the last term of said court at which said actions shall have been continued, or at any succeeding term of said court holden by one or more of the justi |