An Acr in addition to the several Acts now in force, directing the manner of levy- Chap. 115. ing Executions on Real Estate. 1783 ch.57,&c.. parts of mills, SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever a creditor in execution shall think pro- Execution may per to extend and levy the same on any saw mill, grist mill, be levied on or other mill factory, mill privilege, or other real estate, which divided cannot be divided without prejudice to, or spoiling the whole, &c. which canand where the whole of such saw mill, grist mill, or other mill not be divided without injury. factory, or mill privilege, or other real estate, is not necessary for the satisfying of such execution, the same may be extended and levied in manner prescribed by law, upon the same, or upon any undivided part thereof, which shall be sufficient to satisfy such execution; and in case the estate is so situated that the same cannot be set off by metes and bounds, the return upon the execution shall describe the whole estate, with as much precision as the nature of the case will admit; which execution being returned and recorded, in manner prescribed by law, shall vest in such creditor in execution as good and valid a title thereto as the debtor had therein, when the same was attached on mesne process, or taken in execution: Provided Proviso for rehowever, That the debtor in execution shall have the same right demption. to redeem the same, in the same time and manner which judg ment debtors in execution have a right to redeem real estate set off on execution. liable to be 1807 ch. 75. SECT. 2. Be it further enacted, That the estate, right, title, Estates held by or interest of any person, owned, holden, or claimed in virtue virtue of posof a possession, or improvement, as expressed in "An Act for session, &c. the limitation of certain real actions, and for the equitable set- taken. tlement of certain claims arising in real actions ;" and in an Act additional thereto, shall be liable to be taken by attachment, on mesne process, and by execution: And, when any such right, title, interest, or estate shall be seized, and sold upon execution, such notice shall be given, and such proceedings had, in every respect, as are required by law, in the sale of an equity of redemption; and the debtor, whose right, title, interest, or estate, is so taken and sold, shall have the right of redeeming the same, within such time, and in such manner, as is provided in cases of sales of equity of redemption. [Feb. 20, 1819.] An ACT in further extension of "An Act for promoting the Sale and Settlement of Chap. 116. the Public Lands, in the District of Maine." 1815 ch. 131. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Act, entitled "An Act for promoting the sale and settle- Law continument of the public lands, in the District of Maine," be, and, ed. the same is hereby declared to be in force, for and during the term of one year, from and after the end of the first session of the next General Court; any thing in the Act first named to the contrary notwithstanding. [Feb. 20, 1819.] Chap. 117. An ACT to provide an Annual Salary for the Quarter-Master-General, and for aðjusting and settling his Accounts. [Feb. 20, 1819.] Repealed, and duties transferred to the Adjutant-General-1820 ch. 85. Chap. 118. An ACT to authorize the laying out a Road, and building a Bridge, over Presumpscot River, at Staples' Point, in the Town of Falmouth. [Feb. 20, 1819.] Chap. 119. Act repealed. 1813 ch. 197. 1811 ch. 81. Courts of Ses ed, and their power and duty. An ACT to incorporate The Hancock Fire and Marine Insurance Company. [Feb. 20, 1819.] An ACT to establish Courts of Sessions. 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 June next, an Act, entitled "An Act to transfer the powers and duties of the Courts of Sessions to the Circuit Court of Common Pleas, and for other purposes," passed on the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and fourteen, excepting the first section thereof, and all other Acts, and parts of Acts, in addition thereto, be, and the same are hereby repealed: Provided however, That nothing in this Act contained shall be considered as extending to the counties of Suffolk, Nantucket, and Dukes County. SECT. 2. Be it further enacted, That from and after the first sions establish- day of June next, the Court of Sessions, in the several counties in this Commonwealth, shall be holden by one chief justice, and two associate justices, or any two of them, to be appointed and commissioned by the Governor, with advice and consent of Council, as soon as conveniently may be; who shall have all the powers, rights, and privileges, and be subject to all the duties which are now vested in the Circuit Courts of Common Pleas, relative to the erection and repair of gaols and other county buildings, the allowance and settlement of county accounts, the estimate, apportionment, and issuing warrants for assessing county taxes, granting licenses, laying out, altering, and discontinuing highways, and appointing committees, and ordering juries for that purpose. Times of holding courts. [* Additional term 1820 ch. 27.] [+ Altered SECT. 3. Be it further enacted, That the Courts of Sessions shall be holden within and for the several counties in this Commonwealth, at the times and places following, to wit: Within and for the county of Essex, at Ipswich, on the second Tuesday of April, and second Tuesday of October;* within and for the county of Middlesex, at Cambridge, on the first Tuesday in January, and at Concord, on the second Tuesday in May, and on the third Tuesday in September; within and for the county of Worcester, at Worcester, on the second Tuesday of March, and on the second Tuesday of September; within and 1819 ch. 134.] for the county of Hampshire, at Northampton, on the first Tuesday in September, and on the first Tuesday in March; within and for the county of Hampden, at Springfield, on the fourth Tuesday in March, and on the Tuesday next preceding the fourth Monday in August; within and for the county of Franklin, at Greenfield, on the first Tuesday in March, and on the third Tuesday in November: within and for the county of Berkshire, at Lenox, on the last Tuesday in April, and on the last Tuesday in September; within and for the county of [Altered 1819 ch. 106 1821 ch. 3.] Norfolk, at Dedham, on the third Tuesday of April, and on the fourth Tuesday in September; within and for the county of Plymouth, at Plymouth, on the third Tuesday in March, and on the first Tuesday in August; within and for the county of Bristol, at Taunton, on the fourth Tuesday in March, and on the fourth Tuesday in September; within and for the county of Barnstable, at Barnstable, on the last Tuesday in March, and on the third Tuesday in September: Within and for the county of York, at York, on the Tuesday next preceding the third Monday of April, and at Alfred, on the Tuesday next preceding the second Monday in September; within and for the county of Oxford, at Paris, on the third Tuesday of June, and first Tuesday of October; within and for the county of Cumberland, at Portland, on the fourth Tuesday in March, and on the first Tuesday in September; within and for the county of Kennebeck, at Augusta, on the last Tuesday in April, and on the first Tuesday in December; within and for the county 1 Somerset, at Norridgewock, on the second Tuesday in March, and on the se cond Tuesday in September; within and for the county of Lincoln, at Wiscasset, on the third Tuesday in May, and at Warren, on the third Tuesday in January; within and for the county of Hancock, at Castine, on the Thursday next succeeding the third Tuesday of March, and on the Thursday next succeeding the third Tuesday of November; within and for the county of Washington, at Machias, on the first Tuesday in March, and on the first Tuesday in September; within and for the county of Penobscot, at Bangor, on the first Tuesday in March, and on the first Tuesday in September. to Courts of SECT. 4. Be it further enacted, That all matters taken for, Business of returnable to, or pending in the several Circuit Courts of Com- Circuit Courts mon Pleas, on the first day of June next, of which the jurisdic- transferred tion is hereby transferred to the Courts of Sessions, shall be Sessions. returnable to, have day, be proceeded in, and determined by the respective Courts of Sessions, within and for the same counties, at the term thereof, which shall be holden next after the first day of June next. And the clerks of the Circuit Courts of Common Pleas, within the several counties, shall be clerks of the Court of Sessions. SECT. 5. Be it further enacted, That the justices of the Compensation Courts of Sessions shall receive, for their services, three dollars of justices. for each day, during their attendance in said court, and one dollar for every ten miles travel, to be paid out of the county treasury. [Feb. 20, 1819.] Add. acts-1819 ch. 139: 1821 ch. 51. highway taxes An ACT in addition to the several Acts now in force, respecting Highways. Chap. 121. SECT. 1. BE it enacted by the Senate and House of Represen- 1786 ch.67, &c. tatives, in General Court assembled, and by the authority of the same, That the several towns in this Commonwealth, having a Towns having population of eight hundred inhabitants, at any public, legal 200 inhabimeeting of the inhabitants thereof, regularly notified and warn- tants may ased for that purpose, may vote to raise any sum of money, to be sess and collect laid out for the making and repairing of highways and town- in the same ways, in said towns respectively, as they may deem necessary; manner as and may, by a vote of said towns respectively, if they see fit, direct the same to be assessed in money on the polls and ratable estate, real and personal, of the inhabitants, residents, and non-residents of their town, as other town charges are by law assessed; and the same to be committed to the collector of taxes for said town, to be collected and paid, as other town charges are collected and paid, any law to the contrary notwithstanding. other taxes. When indivi duals and cor porations both apply for re of locating committee, one jury shall try both applica tions. SECT. 2. Be it further enacted, That when any person find ing himself aggrieved by the doings of a committee in locating a new highway, or common road, from town to town, or place dress of doings to place, or in estimating damages, has, or shall hereafter apply to the court having jurisdiction in this behalf, and the town or corporation has applied, or shall apply, in like manner, and both applications are, or shall be pending before the same court, then the same court may hear and finally determine both applications, by one and the same jury or committee, and not by two several juries or committees; and the party, whose complaint shall appear to have been without just cause, shall be at all the costs incurred on that occasion, to be taxed against him by the court; and the verdict of the jury or the report of the committee agreed upon, being made under their hands and seals to the said court, shall conclude both parties, with respect to the damages, and also finally fix and determine the place of such road or highway, any law to the contrary notwithstanding. [Feb. 20, 1819.] Further add. act-1819 ch. 44. Chap. 122. Preamble. Owners of ships not liable tain or crew, beyond the value of their An ACT to encourage Trade and Navigation within this Commonwealth. WHEREAS it is of the greatest consequence to this Commonwealth, and to the United States, to promote the increase of the number of ships and vessels, and to prevent any discouragement to merchants and others from being interested and concerned therein; and whereas it has been held that owners of ships or vessels are answerable for goods, wares, and merchandize, shipped on board the same, although the said goods, wares, and merchandize, should be embezzled, lost, or destroyed, by the masters or mariners of said ships and vessels, without the knowledge or privity of the owner or owners; by means whereof, merchants and others may be discouraged from adventuring their fortunes, as owners of ships or vessels, which will necessarily tend to the prejudice of the trade and navigation of this Commonwealth: Therefore 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 of this act, no person or persons, who is, are, or shall be owner or owners, in part or in whole, of for the miscon- any ship or vessel, shall be subject or liable to answer for,or make duct of the cap good to any one or more person or persons, any loss or damage, by reason of any embezzlement, secreting or making way with, by the master or mariners, or any of them, of any interest in the goods, wares, or merchandize, or any property whatsoever, which shall be shipped, taken in, or put on board any ship or vessel, or for any act, matter, or thing, damage, or forfeiture done, occasioned, or incurred by the said master or mariners, or any of them, without the privity or knowledge of such owner or owners, further than the value of the interest which such owner or owners have, or had at the time of such shipment, in the ship or vessel, with all her appurtenances, and the full amount of his interest in the freight due, or to grow due, for and during the voyage wherein such embezzlement, secreting, ship and freight. or making way with, as aforesaid, or other malversation of the master or mariners shall be made, committed, or done; any law, usage or custom to the contrary notwith standing. SECT. 2. Be it further enacted, That if several freigh- Average of ters or proprietors of any such goods, wares, and merchandize, losses. or any property whatever, shall suffer loss or damage, by any of the means aforesaid, in the same voyage, and the value of the ship or vessel, and all her appurtenances, and the amount of the freight due, or to grow due, during such voyage, shall not be sufficient to make compensation to all and every of them, then such freighter or proprietor shall receive satisfaction thereout, in average, in proportion to their respective losses and damages; and in every such case, it shall, and may be lawful to and for such freighters or proprietors, or any of them, in behalf of himself, and all other such freighters and proprietors, or to or for the owners of such ship or vessel, in behalf of himself, and all the other part owners of such ship or vessel, to exhibit a bill in the Supreme Judicial Court, for a discove- Bill of discovery, &c. in Sup. ry of the total amount of such losses and damages, and also of Courtthe value of such ship or vessel, appurtenances and freight, and for an equal distribution and payment thereof, amongst such freighters and proprietors, in proportion to their losses and damages, according to the rules of equity. And the said Supreme Judicial Court is hereby vested with full power and au- vested with thority to entertain, hear, determine, and decree, in such causes, chancery in the some manner as courts of equity would have authority behalf. to do: Provided, that nothing in this act contained shall be construed to operate upon, or affect any contracts of affreightment, express or implied, or any shipment of goods, wares, and merchandize, or other property, upon any ship or vessel, whose voyage shall have commenced before the passing of this act : Provided also, that this act shall not be construed to extend to, impeach, lessen, or discharge any remedy, which any person or persons now hath, or may have, against all, every or any, the master or mariners of such ship or vessel, for, or in respect of any embezzlement, secreting, or making way with any goods, wares, or merchandize, or other property, shipped or loaded on board such ship or vessel, or on account of any fraud, abuse, or malversation of and in such masters and mariners respectively; but such remedy shall remain in the same manner, and to the same extents, as if this act had not passed. who are powers in this Provisos. owner, if he SECT. 3. Be it further enacted, That the charterer of any ves- Charterer to be sel, (in case he shall navigate such vessel at his own expense) considered shall be considered the owner, within the meaning of this act; navigate; and and, in case any loss or damage shall happen to any person or liable over to persons, by any of the causes or circumstances mentioned in real owner. the first section of this act, and such loss or damage shall be compensated from the freight, or the proceeds of the sale of such vessel, or both, in manner as herein before provided; then the owner or owners of such vessel or vessels, shall have a right to recover the value of such vessel or vessels, of the person or persons, to whom such vessel or vessels shall have been chartered, as aforesaid. [Feb. 20, 1819.] |