Proviso. Such part of the penalty of bond, as court judge reasonable, to be exacted for not returning inventory. 1786 ch. 55. Probate courts require new bonds. goods and chattels of the deceased intestate or testator: Provided however, That all bonds which shall be given by execu tors or administrators, in the form heretofore provided, until the first day of June next, shall be, and hereby are declared to be good and valid, any thing herein contained to the contrary notwithstanding. SECT. 2. Be it further enacted, That in cases where any administrator shall have received the personal property of an intestate, and shall not have exhibited upon oath a particular inventory thereof, execution shall be awarded against him for such a part of the penalty of his administration bond as the Supreme Court of Probate shall, on a full consideration of all the circumstances of the case, judge reasonable; any thing in the second section of an Act, entitled, "An Act for regulating proceedings on Probate Bonds, and directing their form in the Supreme Court of Probate," to the contrary notwithstanding. SECT. 3. Be it further enacted, That whenever the sureties empowered to in any probate bond, given by executors, administrators or guardians, or by trustees appointed in and by any last will, or by trustees appointed by a Judge of Probate, shall be evidently insufficient for the purposes of such bond, the Judge of Probate, on the petition of any person interested, and after giving notice to the principal and sureties in such bond, shall have authority to require, from time to time, new bonds, with sufficient surety or sureties in the case; and if such executors, administrators, guardians or trustees, shall not, within a reasonable time, give such new bonds, they shall be removed from office, and others appointed in their stead: Provided always, That the original bonds of such executors, administators, guardians and trustees, shall, notwithstanding such removal from office, remain in force for all the purposes for which they were originally given. [Dec. 13, 1816.] Proviso. Chap. 95. An ACT authorizing Judges of Probate to make Allowances to Widows of persons deceased, whose Estates are Insolvent. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the 1783 ch. 36, 13. same, That in the settlement of the estates of persons deceased, 1802 ch. 93. Allowance to widows. Further allow ance in case 1805 ch. 90. insolvent, whether the deceased person died testate or intestate, the widow shall be entitled to her apparel, and such other and so much of the personal estate, as the Judge of Probate shall determine necessary, according to her quality and degree; and such part of the personal estate, as the judge may allow the widow, shall not be assets in the hands of the executor or administrator; and in cases where such allowances shall have been made from intestate estates, represented to be insolvent, which ultimately appear to be solvent, the Judges of Probate be, and hereby are respectively authorized, by a subsequent decree, to make such further allowances to the widow, from the personal estate of her husband, having regard to what shall have been allowed, as aforesaid, as is provided in and by an Act, entitled "An Act regulating the descent and distribution of intestate estates." ed. SECT. 2. Be it further enacted, That all allowances heretofore Former allowmade by Judges of Probate from the personal estates of insol- ances confirmvent persons to their widows, be, and hereby are confirmed; saving and excepting, however, cases in which any order or decree of a Judge of Probate, making such allowance, has been revoked or annulled in the Supreme Court of Probate. [Dec. 13, 1816.] An Act to incorporate the Second Society of Universalists in Boston. [Dec. 13, Chap. 96. 1816.] An ACT in further addition to an Act, entitled, "An Act to incorporate the Presi- Chap. 97. dent, Directors and Company of the Mechanics' Bank in Newburyport." [Dec. 1812 ch. 46. 13, 1816.] An ACT to prevent the destruction of Fish in the Town of Pittsfield. [Dec. 13, Chap. 98. 1816.] Extended to Lanesborough and Richmond-1817 ch. 57. Repealed1819 ch. 142. An ACT in addition to an Act, entitled, "An Act for the preservation of Fish in Chap. 99. Penobscot River and Bay, and the several Streams emptying into the same." [Dec. 13, 1816.] Repealed in part-1817 ch. 40. Further act-1817 ch. 139. 1813 ch. 144. An ACT to incorporate the Congregational Society in the Town of Southbridge. Chap. 100. [Dec. 13, 1816.] An ACT to incorporate the Eastern River Lock and Sluice Company. [Dec. 13, Chap. 101. 1816.] Add. act-1817 ch. 123. An ACT to incorporate the Trustees of the Ministerial Fund, in the North Parish in Chap. 102. Berwick. Dec. 13, 1816.] An ACT for the more effectual Regulation of the Market in the Town of Salem, and Chap. 103. for other purposes. [Dec. 13, 1816.] An ACT to authorize the Sale of the Ministerial and School Lands, in the Town of An ACT to incorporate the West-Cambridge Baptist Society. [Dec. 14, 1816.] Chap. 104. An Act authorizing the Protestant Episcopal Parish of St. Andrews, in the County Chap. 106. of Plymouth, to sell certain lands. [Dec. 14 1816.] An ACT to incorporate the First Congregational Parish in Woburn. [Dec. 14, Chap. 107. 1816.] An ACT to change the Names of certain persons therein mentioned. [Dec. 14, 1816.] An ACT concerning Jurors in the County of Suffolk. 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 clerks of the Supreme Judicial Court within the county of Suffolk, and for the counties of Suffolk and Nantucket, shall not be required to is sue any writ of venire facias, to the respective constables in the towns in said county of Suffolk, to summon any traverse jurors to attend at the term of the Supreme Judicial Court which is holden annually in the month of March, nor at any law term of the said court within said county of Suffolk, any act or law to the contrary notwithstanding: Provided however, that the said Supreme Judicial Court may at any time direct the clerks of said court to issue, one or more writs of venire facias, to the respective constables of the towns within said county of Suffolk, to summon traverse or other jurors to attend said court at any 420 term thereof in said county of Suffolk, whenever the same shall Chap. 110. An ACT in addition to an Act, entitled, "An Act to enable certain Banks in this 1812 ch. 57. Prolongation of time. Chap. 111. 1810 ch. 114. In actions on judgments, debtor shall not be.committed in execution, unless original judgment exceed $5. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all the banks mentioned in the Act, entitled, "An Act to enable certain Banks in this Commonwealth to settle and close their concerns," shall be, and they hereby are continued bodies corporate, for all the purposes for which the said Act was passed, for the further term of three years from the passing of this Act; and that the said Act be, and the same is hereby continued in force until the expiration of the said term of three years. [Dec. 14, 1816.] An ACT in addition to an Act, entitled, "An Act for the relief of Poor Debtors." 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 January next, whenever any person shall sue out a writ of execution, upon a judgment founded on a former judgment, which original judgment was rendered in a suit founded on contract, the clerk of the court, or Justice of the Peace, granting such writ of execution, shall so vary the form of the execution, that the same shall not run against the body of the debtor; and such debtor shall not be liable to be arrested, imprisoned, or committed to gaol, upon any such execution, unless the amount of the debt, or damage, for which the original judgment was rendered, shall exceed the sum of five dollars. [Dec. 14, 1816.] Chap. 112. An ACT in addition to an Act, entitled, "An Act for the due regulation of Licensed Houses." [Dec. 14, 1816.] This act respects the town of Boston only. Further add. act-1818 ch. 65. 1786 ch. 68. Chap. 113. An ACT authorizing the Sale of certain Lands in the Town of Westfield, and for other purposes. [Dec. 14, 1816.] Chap. 114. Chap. 115. Chap. 116. An ACT for regulating the Fishery in the Town of Gloucester. [Dec. 14, 1816.] An ACT to establish a Fund for the support of the Ministry, in the Town of Wilton, Chap. 117. An ACT to apportion and assess a Tax of one hundred and thirty-three thousand three hundred and forty-two dollars, and thirty-two cents, and to provide for the reimbursement of twenty-eight thousand four hundred and twelve dollars, paid out of the public Treasury to the Members of the House of Representatives, for their attendance at the two last Sessions of the General Court. [Dec. 14, 1816.} Chap. 1. Chap. 2. An Act to set off certain Land from Malden, and annex it to Medford. [June 10, 1817.] An ACT to cede to the United States the jurisdiction of a site for a Light House on the west chop of Holmes' Hole. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the United States may purchase any tract of land, not excced ing four acres, which shall be found necessary for the light- Cession to the house, authorized by Congress to be built on the west chop of United States. Holmes' Hole, on the island of Martha's Vineyard, and may hold the same during the continuance of the use and appropriation aforesaid: Provided, that this Commonwealth shall retain, and does hereby retain concurrent jurisdiction with the United Jurisdiction reStates, in and over said land, so far as that all civil and crimi- served. nal processes, issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or in any building which may be erected thereon, and for the punishment of all crimes and misdemeanors against the laws of this Commonwealth, committed upon said land, in the same way and manner as if the said jurisdiction had not been granted as aforesaid. [June 11, 1817.] An ACT to cede to the United States part of the Island of Petit Manan, near Na- Chap. 3. raguagus River, whereon to erect a Light House. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That reserved. so much of the soil of the island of Petit Manan, as lies to the Cession of land southward of the bar which connects the southern with the to United northern part of said island, being the property of this Com- States. monwealth, be, and hereby is ceded to the United States of America, for the purpose of erecting a light house on the same: Provided that this Commonwealth shall retain, and does hereby Jurisdiction retain concurrent jurisdiction with the United States, in and over said land, so far as that all civil and criminal processes, issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or in any building which may be erected thereon, and for the punishment of all crimes and misdemeanors against the laws of this Commonwealth, committed upon said land, in the same way and manner as if this grant had not been made, [June 11, 1817.] An ACT to continue in force an Act, entitled, "An Act to incorporate Stephen Chap. 4. Higginson and others, into a Company, by the name of the Boston Marine In- 1798 ch. 50. surance Company." [June 11, 1817.] An ACT to alter the name of the Town of Buckstown. [June 12, 1817.] Chap. 5. An ACT in addition to an Act, entitled, "An Act to reduce the Capital Stock of Chap. 6. the Boston Bank." [June 12, 1817.] 1816 ch. 89. An ACT in addition to an Act, entitled, "An Act to cede to the United States the jurisdiction of sites for Light Houses on Race Point, Nashaun Island and Point Chap. 7. Gammon." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if the superintendant of light houses in Massachusetts, or persons employed for the United States, and the owner or owners, or his or their agent or agents, of such tract of land as shall be found necessary and convenient for such light house as the United States may cause to be built near Tarpaulin Cove, on Nashaun Island, cannot agree in a sale and purchase thereof, such agent, or person employed, may apply to the Court of Common Pleas, which may at any time be holden within and 1816 ch. 47. Disputes to be settled by Court of Com mon Pleas, Provisos. for the county of Dukes County, and the said court is hereby authorized and empowered to cause the value of said land, together with the damages which the owner or owners thereof may sustain by the erection of said light house, to be appraised by a jury to be summoned by the sheriff of said county, or his deputy, for that purpose; which jury shall be sworn to the faithful discharge of their trust, and shall proceed to view and set off, by metes and bounds, said tract of land, or such part thereof as they shall find necessary and convenient for such light house, and shall return their verdict to the said court. And in case the said court shall not then be in session, shall seal up their verdict and deliver the same to the said sheriff or his deputy, who shall make return thereof to the said court, at the next term to be holden in and for said county; which verdict of the jury being accepted by the said court, and the amount of such verdict being paid to the owner or owners of the land so appraised and set off by the jury, or if the owner or owners shall not appear, or shall refuse to receive such amount in money as the said court shall order, then the amount of the appraisement aforesaid shall be lodged in the office of the treasurer of the county of Dukes County, to be received by the owners, or any person legally authorized to receive the same; and the tract of land so appraised and set off shall be vested in the United States, and shall be taken, possessed and appropriated for the purposes aforesaid: Provided, that all charges of such application and appraisement shall be paid by the United States: And provided, that the land which may be set off for the purposes aforesaid shall not exceed the quantity of four acres in the whole: And provided, that this Commonwealth shall retain, and does hereby retain concurrent jurisdiction with the United States, in and over said land, so far as that all civil and criminal processes issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or in any building which may be erected thereon, and for the punishment of all crimes and misdemeanors against the laws of this Commonwealth, committed upon said land, in the same way and manner as before the passing of this act. [June 12, 1817.] An ACT to alter and establish the times and places for holding the Courts having cognizance of Sessions business, in the county of York. [June 13, 1817.] An ACT fixing the terms at which the Circuit Court of Common Pleas for the Middle Circuit, may transact the business of a Court of Sessions. [June 13, 1817.] Chap. 8. Chap. 9. Chap. 10. An ACT to alter the time of holding the Circuit Court of Common Pleas, within and for the county of Lincoln. [June 13, 1817.] Chap. 11. An ACT to alter the times of holding the Circuit Court of Common Pleas, and Chap. 12. An ACT to incorporate the Town of Brooksville. [June 13, 1817.] Chap. 13. 1783 ch. 43. 44. An ACT to extend the powers and duties of Sheriffs, Coroners and Constables, in certain cases. BE it enacted by the Senate and House of Representatives, in |