Governor au thorized to appoint agents. Authorized to from other States. vice of the other things provided, that the executive authority of each State, to which any such person shall have fled, shall deliver him over, on demand of the executive authority of the State where the crime shall have been committed, to the agent of the State which shall make the demand; but no provision has been made in this State for the appointment of such agents: SECT. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Governor of this Commonwealth, be, and hereby is authorized, in any such case, to appoint an agent or agents to demand of the executive authority of any other of the United States, any person, who shall be charged with treason, felony, or any other crime in this State, and may, by and with the advice of the Council, issue his warrant on the treasury to defray the expenses of such agent in making such demand, and in transporting the person so charged from any other State to this. SECT. 2. And be it further enacted, That when a demand shall aid the agents be made on the executive authority of this State, by that of any other, for the delivery over of any person charged with treason, felony, or other crime, in the State from which the demand shall be made, the Governor, with the advice of the Coun[*without ad- cil,* shall issue his warrant, under the seal of the CommonCouncil-1819 wealth, authorizing the agent or agents who shall make the dech. 76.] mand, to transport such person, so delivered over, to the line of this State, on the way to the State which shall make the demand, at the expense of such agent or agents, and shall also, in such warrant, command all civil officers within the State to afford such agents all needful assistance in transporting such person, so charged, pursuant to such warrant. [June 18, 1801.] Add. act-1819 ch. 76. Chap. 11. Chap. 12. 1794 ch. 2. Chap. 13. Chap. 14. Chap. 15. Chap. 16. 1785 ch. 1. 1799 ch. 75. An ACT authorizing the Proprietors of the Third Turnpike Road in New-Hampshire, to extend the same road into the Town of Townsend. [June 18, 1801.] An ACT to alter the Line between the South Parish in Augusta, and the Parish in AN ACT for incorporating certain persons for the purpose of building a Bridge over AN ACT altering the Time of holding the Court of General Sessions of the Peace, An ACT to prevent Damage being done to the Harbour of Wellfleet, in the County of Barnstable, by excessive numbers of Cattle, Sheep and Horse-kind feeding on the Beach and Islands adjoining the westerly side of said Harbour. [June 19, 1801.] An ACT directing the Proceedings for the speedy Removal of Nuisances. WHEREAS the laws now in force are inadequate to so speedy a removal of nuisances as the exigencies of the public may require: Therefore, SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Peace author That from and after the passing of this Act, any two Justices of Justices of the the Peace, quorum unus, shall be, and they hereby are authorized to inquire ized to inquire, by a jury, as is hereinafter directed, into all into nuisances, nuisances erected, or which may hereafter be erected by any person or persons; and if it be found, upon such inquiry, that a nuisance shall have been erected, created or continued by any person or persons, then, that such justices shall cause the same to be abated and removed. &c. be made in writing. SECT. 2. And be it further enacted, That any person or per- Complaints to sons may make out his or their complaint in writing, directed to any two Justices of the Peace, quorum unus, of any existing nuisance; and they shall, as soon as such complaint is exhibited to them, make out their warrant, under their hands and seals, directed to the sheriff of the same county, commanding him, in behalf of the Commonwealth, to cause to come before them twelve good and lawful men of the same county, who shall be drawn, in equal proportions, out of the jury-box for the Supreme Court, by the selectmen of the three towns next adjoining to the town in which such nuisance may be, at a meeting of such selectmen, to be holden forthwith for that purpose, upon the requisition of such sheriff, and they shall be empowered to inquire into the nuisance complained of; which warrant shall be in the form following, viz. Whereas complaint is made to us, the subscribers, two of the Justices of the Peace, within and for the county of quorum unus, by of in the same county, that at of in the at Given under our hands and seals, this day of year of our Lord. R. S. Justices of the Peace, N.O. S quorum unus. Justices to order a jury, and the form of warrant there for. And the said justices shall make out their summons to the party Summons to complained against, in the form following: issue to the before the subscribers, two of our Justices of the Peace, within and for our said county of quorum unus, at a place called in D, in the said county, at o'clock in the to noon; then and there to answer to the complaint of day of Manner of serving the summons. Oaths to be administered to the jury. Form for the Which summons shall be served upon the party complained against, by reading the same in his hearing, or by a copy thereof left at his usual place of abode, fourteen days exclusively, before the day of trial; and if the party shall not appear to defend, the justices shall proceed to the inquiry in the same manner as if he were present; and when the jury shall appear, justices shall lay before them the exhibited complaint, and shall administer the following oath, viz. FOREMAN'S OATH. the now laid You, as foreman of this jury, do solemnly swear, that you will well and truly try whether the complaint of before you, be true, according to your evidence. So help you God. THE OTHER JURORS' OATH. The same oath, which your foreman hath taken, on his part, you and each of you shall well and truly observe and keep.So help you God. And if the jury shall find the complaint to be true, then they shall return their verdict, in the form following: of FORM OF THE VERDICT. upon the At a Court of Inquiry held before R. S. and N. O. Esq'rs, jury's verdict. two of the Justices of the Peace, within and for the said county quorum unus, at D. in the said county of day of in the year of our Lord the jury upon their oaths do find, that is a nuisance, and that the same, on or before the day of at with force and arms, unjustly and unlawfully was erected, or caused to exist, by of and that the said with like force and arms, unjustly and unlawfully still continues and keeps up the same nuisance: Wherefore, the jury find, upon their oaths aforesaid, that the said nuisance ought to be abated and removed without delay. And if, by accident or challenge, there shall happen not to the jury, if de- be a full jury, the sheriff shall fill the panel, de talibus circumficient in num- stantibus, as in other causes: And if the jury, after a full hearing of the cause, shall find the complaint laid before them quittal defen- supported by evidence, they all sign their verdict in form aforesaid; otherwise the defendant shall be allowed his legal costs, and have his execution therefor under the hands and seals of said justices. Sheriff to fill ber. In case of ac dant to have costs. SECT. 3. And be it further enacted, That if the jury shall return their verdict, signed by the whole panel, that the complaint is supported, the justices shall enter up judgment for the complainant to have the nuisance abated and removed, and shall award their writ accordingly in form following: HSS. FORM OF THE WRIT OF REMOVAL. To the Sheriff of our county of Commonwealth of Massachusetts. or to either of his Deputies, upon the Form of writ for the removal in the year of our Lord before Esquires, of a nuisance. quorum Whereas at a Court of Inquiry for abatement and removal of a nuisance, held at D. in our county of day of two Justices of the Peace for our said county of unus, the jurors impannelled and sworn by our said justices, did return their verdict in writing, signed by each of them, that the aforesaid, described as follows, (as in the verdict) is a nuisance, and that the same, on or before the day of at with force and arms, and unjustly and unlawfully was erected and caused to exist, by of and that the said with like force and arms, unjustly and unlawfully still continues and keeps up the same nuisance; whereupon it was considered by our said justices that the said nuisance be abated and removed: We therefore command you, that, taking with you the force of the county, if necessary, you cause the said nuisance forthwith to be abated and removed; and also that you levy of the goods, chattels, or lands of the the sum of being costs taxed against him in the trial aforesaid, together with being the sum estimated by the said justices as necessary costs which will arise in the abatement and removal of said nuisance, together with thirty-three cents more for this writ, and also your own lawful fees; and for want of such goods, chattels, or lands of the said by you to be found, you are to take the body of the said and him commit to our gaol in L. in our said county of H-, there to remain until he shall pay the sums aforesaid, together with all fees on the service of this writ, or until he is delivered by order of law; and make return of this writ, with your doings thereon, within thirty days next coming. Witness our said justices at D. aforesaid, the the year of our Lord R. S. } day of in under the gene Provided nevertheless, That the party complained against, as Any evidence aforesaid, may, in person or by attorney, appear before the may be given said justices, and may there give in evidence, on the trial ral issue; and aforesaid, under the general issue, any special matter or thing an appeal alof which he could avail himself under any special plea in the lowed. regular courts of law: Provided also, That when judgment shall be entered up against him upon the verdict of the jury aforesaid, he may there appeal from the judgment of the said justices to the next Supreme Judicial Court to be holden in the same county; which appeal, when so entered, shall stop Proceedings directed in the court to be appealed to. all further proceedings of the said two justices, and no writ on said judgment for abatement and removal shall issue, except as hereinafter directed: And it shall be the duty of the person appealing, as aforesaid, from the judgment of the said justices, to procure attested copies of all the papers in said complaint, under the hands of the said justices, and to enter his appeal at the next Supreme Judicial Court; and if he shall fail of so doing, the judgment of the said two justices shall be in full force against him; and they are hereby authorized and empowered, in such case, to issue their writ for abatement and removal, in the same manner as if no appeal had been entered. SECT. 4. And be it further enacted by the authority aforesaid, That the said Supreme Judicial Court be, and they hereby are authorized to take cognizance of said complaint and judgment, and to try, by the jurors returned to serve in their said court on the jury of trials, the truth of the facts alleged in said complaint, under the issue aforesaid; and if the said jury shall find, by their verdict, the facts alleged in said complaint to be true, the said court are further authorized to cause and order the said nuisance to be abated and removed, and to award against the party complained of such sums as may be necessary to defray the expense of removing said nuisance: But if the jury aforesaid shall find that the facts alleged in said complaint are not supported, the party complained of shall recover against the complainant his legal costs; and execution shall issue accordingly. SECT. 5. And be it further enacted by the authority aforesaid, Costs and fees. That the same costs shall be allowed by the said two justices, and the Supreme Judicial Court, to parties and witnesses, as are allowed in the regular courts of law; and that the said two justices, quorum unus, shall have the same fees, and be allowed the same sums for the trial aforesaid, as are allowed to justices in the process of forcible entry and detainer.* [*No fees are specially provided, by any cess here men tioned.] act, in the pro Private actions not barred. Chap. 17. 1799 ch. 76. Chap. 18. 1799 ch. 69. Package of authorized. SECT. 6. And be it further enacted by the authority aforesaid, That the proceedings under this Act shall not bar any party from having and maintaining their private actions for any injury which they may have sustained by reason of the premises. [June 19, 1801.] An ACT repealing Part of an Act, entitled, "An Act for regulating the Alewive An ACT in addition to an Act, entitled, "An Act to regulate the Inspection 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, it shall be allowabeef in tierces ble to pack and repack beef in tierces or casks of three hundred weight, under the direction of the inspector-general, or one of his deputies, appointed by virtue of the Act to which this is an addition, who shall inspect and brand the same, according to the different denominations mentioned in the Act aforesaid, |