who are committed by execution for debt ;" that in our opinion, day of Provided however, That in all cases in which, since the pass- Proviso. ing of the act entitled "An act to exempt certain goods and chat- 1805 ch. 100. tels of debtors from attachment and execution," the oath prescribed in the act, entitled "An act for the relief of poor pri- 1787 ch. 29. soners who are committed by execution for debt," has been duly administered, and a certificate thereof made, in the form therein prescribed, and also in all cases in which the oath prescribed in the act first in this proviso mentioned, has been duly administered, and the certificate thereof made in the form prescribed in the act to which this act is in addition; and also in all cases which may happen from and after the passing of the present act, until the first day of August next, in which similar proceedings shall be had, or the oath, prescribed in the act first in this proviso mentioned, shall be duly administered, and a proper certificate thereof made, the discharge of such poor prisoner and prisoners shall be deemed, taken and adjudged to be good and valid to all intents and purposes, any thing in the aforesaid act first in this proviso mentioned, or in the present act, to the contrary notwithstanding; saving and excepting however all civil actions, wherein final judgment has been rendered by the Supreme Judicial Court. [Nov. 25, 1816.] An Act to incorporate the Berkshire and Columbia Missionary Society. [Nov. 27, Chap. 56. 1816.] An Act to incorporate the Second Baptist Society in Woolwich. [Dec. 4, 1816.] Chap. 57. An ACT to set off certain Land from the town of Wayne, and annex it to the town Chap. 58. of Winthrop. [Dec. 4, 1816.] An ACT in further addition to an Act, entitled, "An Act to incorporate Jonathan Chap. 59. Mason and others into a Company, by the name of the Union Marine Insurance 1803 ch. 92. Company." Dec. 4, 1816.] An ACT to authorize the use of the Vibrating Steelyard. Chap. 60. ing steelyard 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 this act, the vibrating steelyard, in- Use of vibratvented or improved by Samuel Hills, be permitted to be used in authorized. all cases of weighing throughout this Commonwealth: Provided, that before being offered for sale, or the same shall be used, each beam and the poizers thereof shall be sealed, by some public sealer of weights and measures, appointed according to law. [Dec. 4, 1816.] See 1800 ch. 32. VOL. II. 53 Proviso. Chap. 61. Chap. 62. 1784 ch. 2. 1789 ch. 50. 1794 ch. 5. 1821 ch. 72. Sup. Court may allow a suit to be brought against administrator, &c. of an in solvent estate, take, &c. an appeal has not been made from commissioners' decision An ACT to incorporate the American Society for the Education of pious youth for the Gospel Ministry. [Dec. 4, 1816.] Name altered to the American Education Society-1819 ch. 33. An ACT to authorize the Supreme Judicial Court to grant leave to claimants upon BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in all cases in which any person heretofore has, or hereafter shall present any claim for allowance to any board of commissioners, which have been or may hereafter be appointed by any Judge of Probate, to receive and examine the claims against the estate of any deceased person, which has been or may hereafter be represented insolvent, and such claim shall have been or may hereafter be rejected by such commissioners, where by mis- and a return of their doings made to the Judge of Probate, and the claimant, who has or may prefer such claim for allowance has by accident, mistake or otherwise, omitted to give notice, or shall hereafter omit to give notice, at the probate office, within twenty days after the making of such return of the commissioners, that it is his or her intention to have such claim determined at common law, the Supreme Judicial Court, at any session thereof, holden in any county, upon such claimant's presenting a petition for relief, and making it to appear that he or she has reasonable grounds for expecting to support his or her claim, and that he or she has not lost his or her right to institute a suit against the executor or administrator of such estate, and have such claim determined at common law, by his or her negligence, is hereby authorized and empowered, after due notice to the adverse party, to grant such claimant a right to institute a suit, for the recovery of such claim, against the executor or administrator of such insolvent estate, at the next Circuit Court of Common Pleas, to be holden in the county in which such executor or administrator dwells, or at the next Boston Court of Common Pleas to be holden in the county of Suffolk, if such executor or administrator shall dwell in said county; and the same proceedings shall be had in such suit, as are now by law provided, shall be had in suits, instituted by claimants for the recovery of claims against insolvent estates, which have been rejected by the commissioners appointed to receive and examine the claims against such estates: Provided however, that no such petition shall be sustained, unless the same shall be presented within two years from the return of the report of such commissioners to the Judge of Probate, and that the distribution of any insolvent estate, which may have been made previously to the presenting of such petition and notice thereof to the executor or administrator of such estate, shall not be disturbed by the judgment which may be recovered in any such suit; nor shall the right to institute any such suit be granted to any claimant after four years shall have elapsed, from the time of granting administration on such estate. [Dec. 4, 1816.] An ACT to incorporate the Fragment Society. [Dec. 4, 1816.] -if applica tion is inade within two years after the return of their report. Chap. 63. An ACT to incorporate the Trustees of the Ministerial Fund, in the first parish in An Act authorizing the Sale of Ministerial Lands belonging to the first parish in Chap. 65. North Yarmouth. [Dec. 5, 1816.] An Act to incorporate the Merchants' Insurance Company in Boston. [Dec. 5, Chap. 66. 1816.] Add. acts--1817 ch. 96: 1819 ch. 12. An ACT to incorporate the Second Congregational Society in Greenfield. [Dec. 5, Chap. 67. 1816.] See 1819 ch. 120. An ACT to incorporate the First Congregational Society in Paris, in the county of Chap. 68. Oxford. (Dec. 5, 1816.] An ACT to incorporate Uriel Huntington and others, for the purpose of building a Chap. 69. An ACT to incorporate the New England Religious Tract Society. [Dec. 9, 1816.] An ACT in addition to the Act incorporating the Maine Missionary Society. [Dec. 9, 1816.] Chap. 70. 1811 ch. 148. Chap. 72. 1808 ch. 77. An ACT to incorporate the Trustees of the Ministerial Fund in the first parish in Chap. 74. Cambridge. [Dec. 9, 1816.] An ACT to incorporate the Trustees of the Salem-Street Academy. [Dec. 9, Chap. 75. 1816.] An ACT to incorporate the Plantation, called Washington, into a Town, by the Chap. 76. name of Brooks. [Dec. 10, 1816.] An ACT to establish an Academy in the town of Kingston. [Dec. 11, 1816.] Chap. 77. An ACT to divide the town of Dennis into two Parishes, [Dec. 11, 1816.] 1816.] An ACT incorporating the town of Corinna, in the county of Somerset. [Dec. 11, Chap. 80. 1816.] An ACT incorporating the town of Ripley, in the county of Somerset, Dec. 11, Chap. 81. 1816.] An ACT to establish a Ministerial Fund in the First Parish in Topsham. [Dec. 11, Chap. 82. 1816.] An ACT to incorporate the First Baptist Society in Corinth, in the county of Penob- Chap. 83. scot. [Dec. 11, 1816.] An ACT concerning Dower. Chap. 84. BE it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That in all cases where any person has died, or shall die seized of 1783 ch. 40. any estate, leaving a widow, who is lawfully entitled to dower 1812 ch. 93. therein, such widow shall be, and hereby is entitled to have, Widow entitand receive one undivided net third part of the rents, incomes led to one third and profits of such estate, until the heir or heirs of such deceas- of rents, &c. ed person shall assign and set out to such widow her dower, assigned by the according to law, or until the same shall be actually assigned heir, or under and set out to her, under a judgment of court, or an order of a order of court. judgment or court of probate. [Dec. 11, 1816.] until dower is An ACT to incorporate an Association, for the support of a Parsonage in the town Chap. 85. of Oxford. [Dec. 11, 1816.] Chap. 86. 1811 ch. 84. stock. An Act authorizing the President, Directors and Company of the State Bank to reduce their Capital Stock. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Diminution of same, That, from and after the first day of March next, the capital stock of the president, directors and company of the State Bank shall consist of a sum not more than three millions of dollars, nor less than eighteen hundred thousand dollars, as the same shall be determined at a meeting of the stockholders of said bank, to be holden as hereinafter provided; the number of shares to be the same as at present established by law: Provided however, That no dividend of the capital stock of said bank, as now existing, shall be made, until proof shall have been made to the satisfaction of the Governor and Council, or of commissioners by them appointed, at the expense of the corporation, that there exists in said bank funds belonging to said corporation, sufficient to pay all their bills in circulation, and all deposits and other demands existing against the same, beyond the sum then to be divided: Provided also, That nothing herein contained shall be construed to affect the liability of the corporation, or the individual stockholders, as established by the original Act incorporating said bank: And provided also. That this Act shall not authorize the reduction of the capital stock aforesaid, unless, before the said first day of March next, the stockholders of said bank, at a legal meeting, to be cal led for the purpose, shall, by a majority of legal voters then present, agree to the provisions hereof: And provided also, That the sum, to which the now existing capital stock of said bank shall be reduced, as is herein before provided, shall be and continue the permanent capital stock of said bank until the same shall be altered by law. Provisos. Tax. Chap. 87. Chap. 89. 1812 ch. 34, Chap. 90. 1799 ch. 31. Chap. 91. SECT. 2. Be it further enacted, That the said president, directors and company shall be holden to pay into the Treasury of this Commonwealth their proportion of the tax now required to be paid by law upon the existing capital of said bank, until the same shall actually be reduced, and the amount of such reduction divided and ordered to be paid over to the several and respective stockholders. [Dec. 11, 1816.] An ACT to alter the Times of holding the Circuit Court of Common Pleas, and Court of Sessions, within and for the County of Berkshire, [Dec. 11, 1816.] An ACT making provision for the payment of three fifth parts of the balance of the Debt due from this Commonwealth for Loans for Defence in the late War. [Dec. 11, 1816.] An ACT to reduce the Capital of the Boston Bank. (Dec. 13, 1816.] Add. act1817 ch. 6. An ACT in further addition to an Act, entitled, "An Act to regulate the Paving of Streets in the Town of Boston, and for removing obstructions in the same." [Dec. 13, 1816.] An ACT concerning Banks. 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 from and after the passing of this Act, no bank in corporated in this Commonwealth shall issue any bill, note, check or draft, payable at any place other than said bank, unless the same shall also, on the face thereof, be made payable at the bank issuing the same; and no bank shall issue any bill or note, redeemable at such bank, in any other manner than by payment in specie. Bills, &c. to be payable at the bank issuing them. Bills, &c. to be paid at the bank issuing them, though place. 447. SECT. 2. Be it further enacted, That every incorporated bank within this Commonwealth, which has issued, or shall is sue any bill, note, check or draft, redeemable in any other manner than by payment in specie, or payable at any place made payable other than the place where such bank is by law established at another and kept, shall be liable to pay the same in specie to the holder thereof, on demand at said bank, without a previous demand 15 Mass. Rep. at the bank or place where the same is, on the face of such bill, note, check or draft, made payable. And if the bank which issued the same shall neglect or refuse to pay, on demand made as aforesaid, any bill, note, check or draft, such bank shall be liable to pay to the holder thereof the same penalties as are provided in and by an Act, entitled, "An Act to 1809 ch. 38. enforce the payment of Bank Notes:" Provided however, That nothing herein contained shall extend to any check or draft This Act not to drawn by the president or cashier of any bank within this extend to Commonwealth, on any other incorporated bank, either within drafts, &c. or without this Commonwealth, for any sum exceeding one hundred dollars; but all such checks or drafts shall first be presented for payment at the bank on which the same shall be drawn, and in default of payment, the holder shall be entitled to recover against the bank which issued the same, the amount of suh check or draft, with two per cent. per month on the amount thereof, from and after the time when such check or draft shall have been refused payment, as additional damages in any action against such bank for the recovery of such check or draft. over $100. SECT. 3. Be it further enacted, That the second section of Time of opethis Act, so far as respects notes, bills, checks or drafts alrea- ration. dy issued, shall have effect from and after the first day of June next. [Dec. 13, 1816.] An Act to incorporate The Provident Institution for Savings in the Town of Chap. 92. Boston. [Dec. 13, 1816.] An Act in addition to an Act, entitled, "An Act for incorporating certain persons therein named, by the name of the Trustees of the Church and Congregation, in the second precinct in Pembroke." [Dec. 13, 1816.] An ACT in addition to the several Acts concerning Probate Bonds. Chap. 93. 1794 ch. 29. Chap. 94. 1786 ch. 55, &c. Inventories to include real 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 the condition of the bond now by law required to be given by administrators, before taking upon themselves that trust, shall be so far altered as to require administrators (and estate. executors, in cases where by law they are now required to give bonds similar to those given by administrators) to make a true and perfect inventory of all and singular the real estate, 1783 ch. 36, § 8. 1817 ch. 190. § 14. |