Gambar halaman
PDF
ePub

lated.

1817 ch. 185.

1

Provisos.

or in any personal action, wherein any issue has been joined, Appeals regu-
in which the debt or damages demanded shall exceed the sum
of one hundred dollars, may appeal therefrom, to the next Su-
preme Judicial Court, to be holden within and for the county
where such judgment may be rendered ; and the party so ap-
pealing, before such appeal be allowed, shall recognize with
sufficient surety or sureties to the adverse party, in a reasona-
ble sum, to prosecute his appeal to the court appealed to, and
pay all such costs as may arise in any such suit after such ap-
peal; and where any such appeal shall be made by any plain-
tiff

, and he shall not recover more than one hundred dollars at Costs on ap-
the court appealed to, the plaintiff shall not recover any costs peal,
at the court appealed to, on such appeal; but the defendant
shall be entitled to recover his costs against the plaintiff on such
appeal, and shall have a separate judgment therefor; and in
case such appeal was made by the defendant, and the debt or
damages recovered on the original action shall not be reduced
on the appeal, the plaintiff shall be entitled to recover double
costs of suit on the appeal, and have his judgment and execu-
tion accordingly, and no execution shall issue on the judgment
appealed from ; and in case the party appealing shall neglect
to enter his appeal, the court appealed to may, upon complaint,
proceed to render judgment upon such action, agreeably to the
provisions of this Act: Provided however, that the court, to which
appeal is made, shall have power to set off such judgment as
the defendant may recover against the judgment which the
plaintiff may recover in said suit. And provided also, that if
the Supreme Judicial Court shall certify that there was rea-
sonable cause for such appeal made by the plaintiff, the plain-
tiff may thereupon recover his costs of the appeal.

Sect. 5. Be it further enacted, That it shall be lawful for either party, thinking himself or herself aggrieved by any opin- Exceptions ion, direction, or judgment of said Court of Common Pleas, in may be taken any matter of law, to allege exceptions to the same, which ex- court, and ceptions being reduced to writing, in a summary mode, and be- cases carried to ing presented to the court, before the adjournment thereof, and Supreme Court,

1817 ch.185,85. found conformable to the truth of the case, shall be allowed and signed by the presiding judge or justice of said court, and thereupon all further proceedings in such action in said court shall be stayed, and the party making such exception shall enter such action at the Supreme Judicial Court, at the next term thereof for the same county, and shall produce there a copy of all the papers, as in case of appeal. And the said Supreme Judicial Court shall have cognizance thereof, and consider and determine the same action, in the same manner as they are authorized to do in respect to actions, on which questions of law are reserved in any of the modes prescribed by law, by any one justice of the Supreme Judicial Court, and shall render judgment, and issue execution thereon, or may grant a new trial at the bar of said court, as law and justice shall require : Provided, that when any party, alleging exceptions as aforesaid, Proviso. shall fail to enter the action at the first succeeding term of the said Supreme Judicial Court for the same county, and com

[ocr errors]

of error not affected.

$ 6.

1821 ch. 23.

Court may

plaint thereof shall be made by the adverse party, as is provided in cases of appeal; or whenever the said Supreme Judicial Court

shall determine that any exceptions, alleged in manner aforeDouble costs said, are frivolous, and intended only for delay, the said Sufor frivolous

preme Judicial Court shall award double the costs of that court, exceptions.

against the party making the exceptions ; but when the exceptions shall not appear to have been made for delay only, al. though they may by said court be deemed insufficient for arresting judgment, the said court shall, in such case, award only single costs against the party making the exceptions, and shall increase any damages recovered in the court, before which such exceptions were allowed, so as that interest, at the rate of six per cent. per annum, be allowed to the time of rendering the final judgment.

Sect. 6. Be it further enacted, That nothing in this Act

shall be construed to deprive any party of his or her right to Right to writ

a writ of error, for any error appearing of record in any action, or to prevent any

party aggrieved by the opinion or judg. ment of said Court of Common Pleas, rendered upon any issue 1817 ch. 185,

at law or case stated by any parties, and where it is not agreed that the decision of such court shall be final, from appealing therefrom to the Supreme Judicial Court, as heretofore :

Provided, That no right shall be reserved, or allowed, to wave the pleadings or Repealed

statement of the casc joined or made in said Court of Common Pleas; but the Supreme Judicial Court shall decide the cause upon the same pleadings or state of the case, upon which the judgment appealed from was founded.

Sect. 7. Be it further enacted, That in addition to the pow

ers herein before enumerated, the said Court of Common Pleas grant new shall have power, at the term at which any judgment in any

action (wherein said court have final jurisdiction) is rendered,
or at any subsequent term thereof, within one year from the
rendition of any judgment, on petition or motion, first giving
due notice thereof to the adverse party, to grant a new or fur.
ther trial of any such action, for any cause for which, by the
common law, a new trial may now be granted, or when, upon
due examination, it shall appear to said court, that justice has
not been done between the parties, upon such terms, restric-

tions and limitations as the said court may deem just and reaand make

sonable. And said Court of Common Pleas shall have power,
rules for entry from time to time, to make and establish all such rules for the
of actions,
filing pleas,

entry of actions, filing pleas in abatement, and demurrers to
declarations, and for the orderly and well conducting the busi-
ness thereof, as may be thought proper: Provided, the same
are not repugnant to the laws, of the Commonwealth.

Sect. 8. Be it further enacted, That the grand and tra-
verse jurors now required to attend the Boston Court of
Pleas, and the Circuit Courts of Common Pleas in the respec-
tive counties, shall be required to attend the Court of Common
Pleas holden within the respective counties, in the same man-
ner and under the same penalties, that they are now holden by
law to attend the Boston Court of Common Pleas, and the Cir-
cuit Courts of Common Pleas; and shall give their attendance
on such days of each term, as shall be directed by the Court
of Common Pleas in each county, respectively, and the writs
of venire facias shall issue accordingly.

trial.

&c.

Jurors to at tend this court.

[ocr errors]

Sect. 9. Be it further enacted, That all actions, suits, matters and things, which may be pending in the Boston Court of Business trans

ferred to this Common Pleas, and the several Circuit Courts of Common court. Pleas within this Commonwealth, and all writs, executions, warrants, recognizances, and processes returnable to, and which would have had day therein, had not this Act been passed, shall, after this Act shall take effect, be returnable to, and have day in, and be fully acted upon by the Court of Common Pleas created by this Act, in the respective counties where the same may be now pending, or are made returnable. And all parties, jurors, witnesses and others, who would have been held to appear at the Boston Court of Common Pleas, and the Circuit Courts of Common Pleas, then next to be holden in this Commonwealth, after this Act shall take effect, shall be holden to appear at the next Court of Common Pleas, created by this Act, in their respective counties. And the said Court of Common Pleas, created by this Act, shall, in the counties respectively, have full power and authority to grant any executions, to carry into effect any judgment rendered in the Boston Court of Common Pleas, and the Circuit Courts of Common Pleas now in existence, in the same manner as said courts might, had not this Act been passed.

Sect. 10. Be it further enacted, That the chief justice of Salaries of the said Court of Common Pleas shall, during his continuance in justices. office, receive from the treasury of the Commonwealth, in full for his services, the sum of twenty-one hundred dollars, annually, in equal quarterly payments; and the said justices of said Court of Common Pleas shall, during their continuance in office, receive from the treasury of the Commonwealth, in full for their services, annually, the sum of eighteen hundred dollars, each, in equal quarterly payments. And if either of said justices of said Court of Common Pleas shall accept of any office under the government of the United States, or of a seat in either branch of

Repealed the Legislature of this Commonwealth, or of any office under the government of 1821 ch. 23. the same, except the office of Justice of the Peaee, or an office in the militja, his office of the justice of the Court of Common Pleas shall thereby be vacated; and it shall be the duty of the Governor, with the advice of the Council, to supply the vacancy in the manner before pointed out in this Act.

Sect. 11. Be it further enacted, That all fees which have Fees to be heretofore been paid to justices of the Boston Court of Com- paid by clerks mon Pleas, and the Circuit Courts of Common Pleas, shall to State Treahereafter be paid into the treasury of the Commonwealth,* by

sury:

[* County the clerks of the Court of Common Pleas; and the clerks of

treasurythe Boston Court of Common Pleas, and the

Circuit Courts of 1820 ch. 84.1 Common Pleas, shall be the clerks of the Court of Common 1821 ch. 23, Pleas, within their respective counties.

$ 2. 3. Sect. 12. Be it further enacted, That the Acts, entitled “An Acts repealed, Act establishing a Court of Common Pleas, within and for the 1813 ch. 173. county of Suffolk, to be styled the Boston Court of Common 1811 ch. 33. Pleas,” and “An Act establishing Circuit Courts of Common Pleas, within this Commonwealth," and all Acts, and parts of Acts, in addition thereto, be, and the same are hereby repealed.

Sect. 13. Be it further enacted, That this Act shall take When to take effect, and be in force, from and after the first day of August effect. next: Provided, That the Governor, by and with the advice

1820 ch. 79.

and consent of the Council, may appoint the judges of the said Proviso respecting ap

Court of Common Pleas, as soon after the first day of July pointments. next, as he shall see fit. [Feb. 14, 1821.] Add. acts—1820

ch. 84: 1821 ch. 23. Chap. 80. An Act to incorporate The Bedford Commercial Insurance Company. (Feb. 15,

1821.1 Chap. 81. An Act in further additiou to the Act incorporating The Boston Library Society. 1794 ch. 4.

(Feb. 15, 1821.) Chap. 82.

An Act to exempt certain Officers of The Massachusetts General Hospital from
Militia Duty.

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 superintendants, and Exempts.

other officers and assistants, employed in and about any department of the Massachusetts General Hospital, not exceeding the number of four in each department, during the time of such employment, be, and they hereby are absolutely exempted from militia duty, notwithstanding they may have arrived at the age of eighteen, and be under the age of forty-five years.

[Feb. 15, 1821.] Chap. 83. An Act to incorporate The Hampshire, Franklin and Hampden Mutual Fire In

surance Company. [Feb. 15, 1821.] Chap. 84. An Act in addition to an Act, entitled “An Act to establish a Court of Common

Pleas for the Commonwealth of Massachusetts."

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the

same, That the respective clerks of the Court of Common Pleas fees to county within this Commonwealth shall, within ten days next after treasurer

the termination of each session of said court within their respective counties, account for, on oath, and pay over to the treasurer of said county, all the fees which shall have accrued to the use of this Commonwealth, in said county, by virtue of the eleventh section of the Act passed at the present session of the General Court, entitled “ An Act to establish a Court of

Common Pleas for the Commonwealth of Massachusetts ;" and -and he to

the respective county treasurers shall be held to account with account with State Trea the treasurer of this Commonwealth for all sums received by

them, by virtue of this Act.

Sect. 2. Be it further enacted, That if any clerk shall rePenalty for fuse or neglect to account for, and pay over the fees aforesaid, clerk's delin

in manner and within the time aforesaid, he shall forfeit and quency.

pay, in addition to the fees so accrued as aforesaid, a penalty not exceeding the sum of five hundred dollars, to be sued for and recovered by the county treasurer, for the use of this Commonwealth. And the respective county treasurers shall also give information to the justices of the Supreme Judicial Court, or to some one of them, of any such delinquency or neglect within their respective counties. [Feb. 15, 1821.] Further

add. act-1821 ch. 23. Chap. 85. An Act to transfer the duties of the Quarter Master General to the Adjutant Ge

neral, and to reduce the Compensation of certain Officers therein named.
SECT. 1. BE it enacted by the Senate and House of Represere-

surer.

tutives, in General Court assembled, and by the authority of the 1818 ch. 117. same, That from and after the first day of April next, all the

Quarter-masduties and services, which are now by law to be executed and ter-general's performed by the quarter master general, shall be executed duties trans

ferred, and bis and performed by the adjutant general, and all compensation office disconto the said quarter master general shall cease from that period. tinued. And from and after the first day of May next, the said adjutant Adjutant genegeneral shall not be allowed to employ in his office, more than ral's clerk and one clerk, or assistant; and the said adjutant general shall re- his compensaceive the same sum for performing the duties as principal of both of said offices, as is now allowed him by law; and his said clerk or assistant shall receive from the treasury of the Commonwealth, in full for his services, the sum of twelve hundred dollars annually, in equal quarterly payments. And it shall Quarter masbe the duty of the quarter master general to make or cause to ter general to be made, å just and true inventory of all public property, of ventory of pubwhatever name or description, confided to him in his said ca- lic properly, pacity, and to deliver over to the adjutant general all such and deliver it property, before the last day of March, in the present year, general. together with all books, papers aud documents whatsoever, pertaining to the office of quarter master general. And the said adjutant general is hereby required to receive all such property, books, papers and documents; and is further required to lay before the next Legislature, at the first session thereof, a just and true inventory of all public property which he shall so receive, and of the place or places in which the same property is deposited and kept.

Sect. 2.' Be it further enacted, That from and after the first Pay of major day of May next, the several aids-de-camp* to the several major general's aids. generals shall each annually receive, as a full compensation for (* Senior aid his services while in office, a sum not exceeding fifteen dollars; 25.

1821 ch. 92.] his account for such services being first presented to, and allowed by the General Court. [Feb. 16, 1821.] An Act to grant to the United States Pond Island, in Maino.

Chap. 86. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all the right and claim to a portion of the soil of Pond Ísland, Conveyance of off the mouth of Kennebeck River, in the State of Maine, which this Commonwealth may have, be granted to the United States of America, for the purpose of erecting a light house on the same. [April. 28, 1821.]

“An Act providing for the payment of the whole State Chap. 87. ' Debt.” (April 28, 1821.] An Act concerning Grand and Traverse Jurors for the County of Hampshire. Chap. 88.

[.April 28, 1821.) An Act to authorize a Special Term of the Court of Sessions for the County of Chap. 89.

Hampshire. (April 28, 1821.] An Act in addition to an Act, entitled “An act to incorporate the Trustees of Chap. 1.

Hopkins Academy.” [June 9, 1821.] An Act regulating the Assessinent of Taxes in the town of Salem. [June 11, Chap. 2. , 1821.)

71

Pond Island.

An Act in addition to

1820 ch, 69.

1815 ch. 104.

1820 ch, 72.

VOL. II.

« SebelumnyaLanjutkan »