authorized. sentatives, in General Court assembled, and by the authority of the Amendment of same, That in any action of review, pending in the Supreme writs of review Judicial Court, the justices thereof shall have power to order any amendment of the original writ, record or proceedings, in any part thereof, upon such terms and conditions as they may consider just and reasonable, any law to the contrary notwithstanding. One judge may try appeals from Probate Court 1804 ch. 105, 6. SECT. 2. Be it further enacted, That any one, or more of the said justices, shall hereafter hold a court, and be competent to the trial by jury, of any real or feigned issue, which may arise upon any appeal, which may be made or taken, from the decree of any court of probate, and such justice or justices shall have the same power over any such appeal, and may proceed to make a final decree therein, and exercise the same jurisdiction over any appeal depending upon such issue, as all the justices of said court may now do; any law to the contrary notwithstanding; subject however to all such exceptions and such revision of full proceedings thereon, as are now provided by law, in the trial of issues in fact before said court, when holden by one or two of the justices thereof. 1815 ch. 39. -subject to court. Court may order writs of venire facias returned on such day as they judge best. 1807 ch. 140. Chap. 84. Chap. 65. 1812 ch. 45. Chap. 66. 1817 ch. 37. Chap. 67. Chap. 68. 1814 ch. 23. Chap. 69. 1815 ch. 130. Treasurers, who are also collectors, may issue warrants of distress for taxes. SECT. 3. Be it further enacted, That the justices of the Supreme Judicial Court shall have power to order the writ of ve nire facias, which may be issued either for the grand or traverse jurors to attend the same court, to be returned on such day of the term of said court, when holden for any county, as they may judge will best serve the purposes of justice, and facilitate the business of said court. [Jan. 29, 1818.] An ACT to incorporate The Institution for Savings, in the Town of Salem and its vicinity. [Jan. 29, 1818.] An ACT authorizing the President, Directors and Company of the Nantucket Pacific Bank to increase the amount of their Capital Stock. [Jan. 29, 1818.] An ACT in addition to an Act, entitled, "An Act to incorporate a number of persons, by the name of The Methodist Society in Dresden." Jan. 29, 1818.] An Act to annex John Cooper to the Second Parish in West Springfield. [Feb. 2, 1818.] An ACT in addition to an Act, entitled, "An Act to incorporate the President, Directors and Company of the Pawtucket Bank," and of the several Acts in addition thereto. [Feb. 2, 1818.] Further act-1818 ch. 51. An ACT in addition to an Act, entitled, "An Act in addition to the several Laws now in force, providing for the collection of Taxes." 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, it may be lawful for any town treasurer, who may also have been chosen a collector, as well as treasurer, as is provided for in the Act to which this is in addition, to issue his warrant to the sheriff of the county, or his deputy, or to any constable of the same town, directing them to distrain the person or property of any person or persons, who may be delinquent in the payment of taxes, after the expiration of the time fixed for the payment thereof, by any vote of such town, subject to the same provisions as are directed by the Act regulating the collection of taxes in the town of Boston, passed on the twelfth day of March, in the year of our Lord one thousand eight hundred and eight. [Feb. 2, 1818.] An ACT respecting the packing of Pickled Fish. 1807 ch. 134. Chap. 70. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That so much of the fourth section of an Act, entitled "An Act to 1809 ch. 120. prevent fraud and deception in the packing of pickled fish, and to regulate the size and quality of the casks, and the sale and Fish need not exportation thereof, within and from this Commonwealth, and be packed to repeal all laws heretofore made on this subject," passed on edgewise. the sixth day of March, in the year of our Lord one thousand eight hundred and ten, as requires small fish to be packed edgewise in casks, be, and the same is hereby repealed." [Feb. 2, 181-8.] An Act authorizing the President, Directors and Company of the Merrimack Chap. 71. Bank to increase the amount of their Capital Stock. [Feb. 2, 1818.] 1814 ch. 53. An Act to set off a part of the Town of Paris, and to annex the same to Hebron. Chap. 72. [Feb. 2, 1818.] An Act for the due regulation of Licensed Houses, in the Town of Bath. [Feb. 2, Chap. 73. 1818.] An ACT to incorporate The Proprietors of the New-England Museum and Gallery Chap. 74. of Fine Arts. [Feb. 3, 1818.] An ACT concerning the Union and Boston Banks. [Feb. 3, 1818.] Chap. 75. An ACT to repeal certain Acts prohibiting the passing of Bank Notes, in certain Chap. 76. cases. 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 fourth section of an Act, entitled, "An Act requiring the several incorporated banks in this Commonwealth to adopt the Stereotype Steel Plate, in certain cases, and for other purposes;" passed on the fourth day of March, in the year of our Lord one thousand eight hundred and nine, and also an Act, entitled "An Act in addition to an Act requiring the several incorporated banks in this Commonwealth to adopt the Stereotype Steel Plate, in certain cases, and for other purposes," passed on the twentieth day of June, in the year of our Lord one thousand eight hundred and nine, be, and the same are hereby repealed. Acts repealed. 1803 ch. 99. 1809 ch. 37. 1812 ch. 56. SECT. 2. Be it further enacted, That the president and di- 1805 ch. 24. rectors of all the banks, which now are or may be hereafter 1808 ch. 20.99. incorporated under the authority of the Legislature of this Com- Banks may monwealth, shall have the power to issue and emit bills of the emit small denomination of one, two, and three dollars, to the amount of bills to the twenty-five per centum of their capital stock actually paid in, per cent. on any thing in their respective Acts of incorporation to the con- the capital trary notwithstanding. amount of 25 stock paid in. Penalty for is suing bills for fractional parts of a dollar. Chap. 77. 1811 ch. 9. On parochial questions, members of parish only to vote. Chap. 78. SECT. 3. Be it further enacted, That no bank or banking company whatever, within this Commonwealth, shall, at any time, make or issue any bill or bills whatever, wherein a fractional part of a dollar is expressed, under a penalty of one hundred dollars for every bill so made and passed, to be recovered by action of debt in any court proper to try the same, to the use of the person who shall sue therefor. [Feb. 3, 1818.] An ACT explanatory of an Act, entitled "An Act regulating the choice of Town Officers and Town Meetings." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever the inhabitants of any town or district are legally assembled to act on any subject relating exclusively to parishes, no person who is not a member of said parish, and liable to be assessed for parochial charges, shall be permitted to vote in such meeting. [Feb. 3, 1818.] An ACT to incorporate the Town of China. [Feb. 5, 1818.] An ACT to establish The Union Wheel Factory Company. [Feb. 7, 1818.] Chap. 79. Chap. 80. Chap. 81. An ACT incorporating The South Congregational Society in Barnstable. [Feb. 7, 1818.] Chap. 82. Chap. 83. 1816 ch. 39. Chap. 84. 1793 ch.42, &c. 1806 ch. 118. Extension of former act. Section of act Owners of logs, &c. may search mills, &c. An ACT to establish The Thomaston Marble Manufacturing Company. [Feb. 9, 1818.] An ACT in addition to an Act, entitled "An Act to incorporate The Trustees of the Standish School Fund." [Feb. 9, 1818.] An ACT in addition to the several Laws now in force, to secure to owners their property in Logs, Masts, Spars, and other Timber. SECT. 1. BE it enacted by the Senate and House of Repre sentatives, in General Court assembled, and by the authority of the same, That the same provisions, contained in the first section of the Act, entitled, "An Act in addition to an Act, entitled an Act to secure to owners their property in logs, masts, spars, and other timber," which is applied to Saco River, shall, after the passing of this Act, be also extended to Presumscot River. SECT. 2. Be it further enacted, That the third section of the said Act, to which this is in addition, be, and the same is hereby repealed. SECT. 3. Be it further enacted, That the owner or owners of any logs, or other timber, or their agents, shall have liberty at all times, in a peaceable manner, to enter any mill, or any mill brow, boom, or raft of logs or other timber, in search of any logs or other timber, which they may suspect to be there; and any person or persons, who shall prevent such search, shall forfeit and pay for each and every such offence, a fine not less than twenty-five dollars, nor more than one hundred dollars, to be recovered by action of debt in any court proper to try the same, in the name of the person who thus sustains the damage, and to be for his use. SECT. 4. Be it further enacted, That if any person shall be Fines for defound to have in his saw mill or on his mill brow, lying on said tention of logs Presumscot River, or on the rivers, streams or ponds emptying into the same, any mill log, or mast, marked with the mark of the proper owner, and which does not belong to the person who shall thus be found to have the same in possession as aforesaid, shall, for each and every log or mast so found, forfeit and pay the sum of twenty dollars, to be recovered by action of debt, before any Justice of the Peace in the county where the offence is committed, for the use of the proper owner of said log or mast, who shall sue for the same. [Feb. 9, 1818.] Explanatory act-1818 ch. 91. An ACT to repeal the Act granting the privilege of Review in Civil Actions. Chap. 85. BE it enacted by the Senate and House of Representatives, in 1786 ch. 66. General Court assembled, and by the authority of the same, That the Act passed the twenty-sixth day of February, in the year Act repealed. of our Lord one thousand seven hundred and eighty-seven, entitled "An Act granting the privilege of review in civil actions," 1786 ch. 66. be, and the same is hereby repealed: Provided however, That the said Act, and all the provisions thereof, shall be and remain Proviso. An Act to incorporate The First Baptist Society, in the Town of Bath. [Feb. 9, Chap. 86 1818.] An ACT for giving further remedies in Equity. Chap. 87. ses of trust ance, &c. to BE it enacted by the Senate and House of Representatives, in 1735 ch. 22,&c. General Court assembled, and by the authority of the same, That from and after the passing of this Act, the justices of the Supreme Court Supreme Judicial Court shall have power and authority to hear authorized and determine in equity, all cases of trust arising under deeds, determine cawills, or in the settlement of estates, and all cases of contract arising under in writing, where a party claims the specific performance of the deeds, &c. spesame, and in which there may not be a plain, adequate, and cific performcomplete remedy at law; and the bill or complaint in such cases may be inserted in a writ of attachment or original summons, returnable to the same court, and such writ be served on the adverse party as other writs of attachment, or original summons are by law to be served, or the same may be otherwise brought according to the course of proceedings in the courts of chan--and to issue cery. And the said justices of the Supreme Judicial Court the necessary shall have authority to issue all such writs and processes, as processes. may be necessary or proper to carry into effect the powers hereby granted, and to make, from time to time, all necessary rules and orders for the convenient and orderly conducting of the said business: Provided the same be not repugnant to the constitution and laws of this Commonwealth: And provided also, that the cases of contract, to which this Act shall apply, shall be to such only as shall be hereafter made in writing. [Feb. 10, 1818.] Further acts-1818 ch. 98: 1821 ch. 85. Provisos. Chap. 38. An ACT establishing the Compensation of Witnesses. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Witnesses' pay. from and after the passing of this Act, each and every witness duly summoned to attend at the Supreme Judicial Court, or any Court of Common Pleas or Sessions, shall be entitled to one dollar for each and every day's attendance, at either of said courts, as a witness. [Feb. 10, 1818.] 1795 ch 41. Chap. 89. may choose constables. An ACT concerning Constables. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Unincorpora- all unincorporated plantations, which shall, from time to time, ted plantations be ordered by the General Court to pay any part or propor tion of the public taxes, shall be and they hereby are fully vested with the same rights and powers of choosing constables, as towns by law possess; and the powers, duties, oath and responsibilities of such constables in plantations, shall be the same as of those in towns. [Feb. 10, 1818.] An ACT to authorize the Town of Hingham to sell certain Real Estate. [Feb. 10, 1818.] Add. act-1818 ch. 37. Chap. 90. Chap. 91. An ACT to annex Alexander Rice to the Second Parish in the Town of Kittery. [Feb. 10, 1818.] An ACT to incorporate the President, Directors and Company of the Suffolk Bank. [Feb. 10, 1818.] Eighth section repealed-1818 ch. 87. Chap. 93. An ACT to establish the Cony Female Academy. [Feb. 10, 1818.] Chap. 94. An ACT to incorporate the Proprietors of Rowe's Wharf, in the Town of Boston. [Feb. 10, 1818.] Chap. 95. Chap. 96. 1816 ch. 66. Chap. 97. Chap. 98. 1804 ch. 84. counts to be settled by Common Pleas in An ACT to incorporate the Trustees of the Charity Fund, in the First Parish in An ACT in addition to an Act, entitled "An Act to incorporate the Merchants' 12. An ACT to incorporate the Executive Committee of the Massachusetts Baptist Education Society. [Feb. 10, 1818.] An ACT to incorporate the Town of Monroe. [Feb. 12, 1818.] An ACT in addition to an Act, entitled "An Act for the protection of the Indians and their property, in that part of Dukes County, known by the name of Christiantown." SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Guardians' ac- That the guardians appointed in pursuance of the Act, entitled "An Act for the protection of the Indians and their property, in that part of Dukes County, known by the name of ChristiDukes County. antown," be, and they hereby are required, within six months from the passing of this Act, to file their account of guardianship with the Circuit Court of Common Pleas for the county of Dukes County, which court, after due notice to all parties concerned, shall settle and allow such account, in the same manner as Judges of Probate are now authorized to allow and set |