Recovery of fines. tations, in their several counties, who are hereby enjoined and required, immediately on receipt thereof, to cause the same to be delivered to the clerks of the several towns, districts and plantations aforesaid. SECT. 5. Be it further enacted, That the assessors in each town, district and plantation in this Commonwealth, for the year eighteen hundred and twenty-one, shall, on or before the said first day of October next, transmit to the Secretary's Office, a true and attested copy of the valuation by which the assessors of the said towns, districts and plantations, made the State tax in their respective towns, districts and plantations, for the year eighteen hundred and twenty. And all fines and forfeitures, arising by this Act, may be recovered in the Supreme Judicial Court of this Commonwealth, by action of debt, one moiety to him or them who shall sue for the same, and the other moiety to the use of the Commonwealth; or by information filed in the same court, by the attorney or solicitor general, in which case, the forfeiture shall wholly accrue to the Commonwealth. And the Secretary is hereby required to furnish the attorney and solicitor general with a list of those towns, districts and plantations, the assessors of which shall neglect to lodge in his office a list of the polls and estates agreeably to the provisions of the first section of this Act, to the end that they may be prosecuted at the discretion of said officers. SECT. 6.. Be it further enacted, That the following shall be the form of the list, for the valuation of the year eighteen hundred and twenty-one. A list of the polls and estates, real and personal, of the taken pursuant to an act of the Legislature of this Common- Number of polls ratable, sixteen years old and upwards, ries. Number of bake houses. corn. Number of barns. Number of all other works, buildings and edifices, of the value of twenty dollars and upwards. Number of superficial feet of wharf. Number of tons of vessels and small craft, of five tons burthen and upwards, at home or abroad, computing the same according to the rules established by the laws of the United States. The amount of every person's whole stock in trade, goods, wares, and merchandize, at home or abroad, paid for or not paid for. The annual amount of commissions arising from factorage. The amount of securities of the United States, of this State, or any of the United States, and at what rate of interest. The amount of money on hand, including such as may be deposited in any bank, or with any agent, and exclusive of such as may belong to any stockholder as such. The amount of stock, held by the stockholders in any bank. Number of ounces of plate. Number of shares in any toll bridges, or turnpikes, and the value of such shares, with the annual income thereof. Number of acres of tillage land, including orchards tilled. Number of bushels of wheat. Number of bushels of rye. Number of bushels of oats. Number of bushels of Indian Number of bushels of barley. Number of bushels of peas and beans, raised on the said tillage land, by the year. Number of pounds of hops. Number of acres of English and upland mowing, including orcharding mowed. Number of tons of hay, the yearly produce of the same. Number of acres of fresh meadow. Number of tons of hay, the yearly produce of Number of acres of salt marsh. Number of tons of hay, the yearly produce of the same. Number of acres of pasturage, including the orcharding pastured. Number of cows the same will keep, with the after feed of the whole farm. Number of barrels of cider which can be made yearly upon the whole farm. Number of cow rights. Number of acres of woodland, exclusive of pasture land enclosed. Number of acres of unimproved land. Number of acres of land unimprovable. Number of acres of land owned by the town. Number of acres owned by other proprietors. Number of acres of land used for roads. Number of acres of land covered with water. Number of horses three years old and upwards. Number of oxen four years old and upwards. Number of steers and cows three years old and upwards. Number of swine six months old and upwards. Amount of real estates doomed. Amount of personal estates doomed. the same. SECT. 7. Be it further enacted, That the Treasurer of this Commonwealth shall cause to be ascertained the number of acres of wild land situate in this Commonwealth, which are without the limits of any incorporated towns, or of any district or plantation where assessors are elected, according to law, Wild lands. (and which wild lands are owned by non-resident proprietors,) and the said treasurer shall cause a true and correct list of the same to be made, and also of the several counties wherein the same are situated, and on or before the first day of October next, the said treasurer shall transmit a copy of said list to the Secretary of State for the time being. [Feb. 13, 1821.] Chap. 65. turn to the right. An ACT establishing the Law of the Road. SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, Travellers to That in all cases of persons meeting each other on any bridge, turnpike,or other road,within this Commonwealth,travelling with carriages, waggons, carts, sleds, sleighs, or other vehicle, the persons so meeting shall seasonably turn,drive and convey their carriages, waggons, carts, sleds, sleighs, or other vehicle, to the right of the centre of the travelled part of such bridge, turnpike, or road, so as to enable each other's carriages, waggons, carts, sleds, sleighs, or other vehicle, to pass each other, without interference or interruption. driven without SECT. 2. Be it further enacted, That no person shall be alSleighs not to lowed to travel on any bridge, turnpike, or other road, within this Commonwealth, with any sleigh, or sled, drawn by a horse or horses, unless there shall be three or more bells attached to the horse or horses, or to some part of the harness thereof. bells. Forfeitures, recovering them. SECT. 3. Be it further enacted, That every person offending against any of the provisions of this Act shall forfeit and pay, and method of for each offence or neglect, a fine not less than one dollar, nor more than twenty dollars, to the use of the Commonwealth, to be recovered on complaint before any Justice of the Peace in the county where the offence shall be committed; and shall moreover be held answerable to any party injured, for all damages which may be sustained in consequence of such offence or neglect: Provided, that no prosecution shall be sustained under this Act, unless upon complaint duly made, within ninety days from the time when the offence shall have been committed; nor any action for damages, unless the same shall be commenced within one year after the cause of such action shall have accrued And provided also, that no prosecution shall be sustained for any violation of the provisions of the first section of this Act, except on the complaint of the person or persons aggrieved, or some one duly authorized by the person or persons aggrieved. Provisos. SECT. 4. Be it further enacted, That this Act shall take effect, and be in force from and after the first day of June next, and not before. [Feb. 14, 1821.] An ACT to change the Names of the persons therein mentioned. [Feb. 14, 1821.] An ACT for the regulation of the Shad and Alewive Fishery in Cambridge, Charlestown, Medford, and West Cambridge. [Feb. 14, 1821.] Chap. 66. Chap. 67. Chap. 68. Chap. 69. Chap. 70. An ACT providing for the Payment of the whole State Debt. [Feb. 14, 1821.] An ACT providing for the Payment of one fourth part of the State Debt. [Feb. 14, 1821.] Chap. 71. 1799 ch. 48. Chap. 72. An ACT to regulate the Passage-way for Fish through the Canal Mill Dam, in Billerica, and for other purposes. [Feb. 14, 1821.] An ACT relating to the Eighth Massachusetts Turnpike Corporation. [Feb. 14, 1821.] An ACT regulating the Assessment and Collection of Taxes, in the Town of Salem. [Feb. 14, 1821.] Repealed-1821 ch. 2. An ACT to annex James Ayer to the First Parish in Haverhill. [Feb. 14, 1821.] Chap. 73. An ACT regulating the Number and Compensation of the Clerks in the offices of Chap. 74. the Secretary and Treasurer of the Commonwealth. have two clerks BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Secretary and from and after the first day of June next, the Secretary and Treasurer to Treasurer of this Commonwealth shall each be authorized to only. employ, in their respective departments, not more than two regular clerks, who shall be paid for their services out of the treasury of this Commonwealth, as follows, to wit: The chief clerk of each department, twelve hundred dollars yearly, and the as- Their salaries. sistant clerks each nine hundred dollars yearly, and in the same proportion for any shorter term of time for which they may be employed; and the respective salaries aforesaid shall be paid in quarterly payments: Provided, that nothing in this Act shall prevent the employment of a greater number of clerks in either of said offices, whenever it shall be necessary, during any session of the General Court. [Feb. 14, 1821.] Proviso. An ACT to incorporate the President, Directors and Company of the Falmouth Chap. 75. Bank. [Feb. 14, 1821.] An ACT for altering the Names of the Union Cotton Factory Company, and the Chap. 76. Brimfield Cotton and Woollen Manufacting Company. [Feb. 14, 1821.] Com- 1814 ch. 120. panies united-1821 ch. 5. 146. An ACT further regulating the Essex Turnpike Corporation, and the Andover and Chap. 77. Medford Turnpike Corporation. [Feb. 14, 1821.] Repealed-1821 ch. 70. An ACT concerning the Office of Attorney General and Solicitor General. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever the office of attorney general, or solicitor general of this Commonwealth, shall be vacant by death, resignation, or otherwise, the salary annexed to the office, which shall first so become vacant as aforesaid, shall thenceforth cease and determine. [Feb. 14, 1821.] 1803 ch. 48. 1805 ch. 14. Chap. 78. An ACT to establish a Court of Common Pleas for the Commonwealth of Massa- Chap. 79. chusetts. the Common SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That there be, and hereby is established, a Court of Common Court of ComPleas, for the Commonwealth of Massachusetts, and that there mon Pleas for shall be held and kept in each county within the Common- wealth estabwealth, at such times and places, as are now by law appointed lished. for holding the Boston Court of Common Pleas, and the Circuit Courts of Common Pleas, within the respective counties of said Commonwealth, a Court of Common Pleas, which court shall be holden by one or more justices of the Court of Common Pleas, who shall be a citizen of said Commonwealth, and shall be appointed and commissioned pursuant to the provisions of this Act, and shall have original and exclusive jurisdiction of all civil actions, arising or happening the court. within the counties of said Commonwealth, respectively, excepting such actions wherein the Supreme Judicial Court, or where Justices of the Peace now have original jurisdiction; and Jurisdiction of 1808 ch. 53. Proviso. shall also have jurisdiction of all such offences, crimes and misdemeanors, as, before the passing of this Act, were cognizable by the Boston Court of Common Pleas, and the respective Circuit Courts of Common Pleas; and shall also have appellate jurisdiction of all civil actions and of all crimes and offences, where an appeal may now by law be made to the Boston Court of Common Pleas, and the Circuit Courts of Common Pleas, from the sentence or judgment of a Justice of the Peace. And the said Court of Common Pleas are hereby fully authorized to give judgment, award execution, administer all necessary oaths and affirmations, and to do, execute, perform and order. whatever by the constitution and laws, it shall be their duty to do, or whatever the Boston Court of Common Pleas, and the Circuit Courts of Common Pleas, before the passing of this Act. were authorized to do, execute and perform: Provided, nothing in this Act shall be so construed as to affect the original or appellate jurisdiction given by law to the Municipal Court for the town of Boston. SECT. 2. Be it further enacted, That there shall be appointed, commissioned and qualified, in manner provided by the constitution, four meet persons to be justices of the Court of Comof the judges. mon Pleas within this Commonwealth, who shall be men of sobriety of manners, and learned in the law; one of whom shall be appointed and commissioned chief justice of said court, and who shall hold their office during good behaviour. And either of said justices, so appointed, commissioned and qualified, shall have power to hold the Courts of Common Pleas, within any county in this Commonwealth, at the same times and places as the Boston Court of Common Pleas, and the several Circuit Courts of Common Pleas, are now by law to be holden therein. And whenever it shall so happen, that no justice of said court shall attend, at the time or place, at which said court, by Sheriff may ad- law, or by previous adjournment, was to have been held, then, journ, when no and in such case, the sheriff of the county may adjourn the said court, from day to day, or time to time, as the circumstances of the case may require, and shall make public notification thereof, in writing, or by publishing the same in a newspaper printed in the county. justice attends. &c. SECT. 3. Be it further enacted, That all writs and processes, Test of writs, issuing from the Court of Common Pleas, shall be in the name of the Commonwealth of Massachusetts, shall bear test of one [Constitution, of the justices* of said court; and such writs and processes Ch. VI.Art. 5.1 shall be under the seal of said court, and signed by the clerk of of said court, in the county where the writ or process may be returnable, and shall have force, be obeyed and executed in every county within the Commonwealth; and all original processes shall be summons, capias or attachment, and shall be served and returned in the same way and manner as is now provided by law for the service and return of similar processes; and the forms of all processes and executions shall be so far altered and changed, as to conform to the provisions of this Act. SECT. 4. Be it further enacted, That any party aggrieved at the judgment of the Court of Common Pleas, in any real action. |