Chap. 3. 1818 ch. 120. 1819 ch. 106. An ACT to alter the Time for holding the Court of Sessions in the County of Franklin. 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 term of the Court of Time altered. Sessions, now by law established to be holden at Greenfield, within and for said county of Franklin, on the first Tuesday of September, shall be holden on the second Tuesday of September, annually, any law to the contrary notwithstanding. [June 11, 1821.] Chap. 4. Chap. 5. 1815 ch. 88. Chap. 7. Chap. 8. Penalty for kil ling birds on salt marshes between March 1st, and September 1st. Proviso. Towns may suspend the operation of this act. Chap. 11. Chap. 12. Chap. 13. 1313 ch. 45. An ACT to incorporate the Essex Historical Society. (June 11, 1821.] An ACT to incorporate the Munson and Brimfield Manufacturing Company. [June 12, 1821.] An ACT in addition to an Act, entitled "An Act to incorporate the President, Directors and Company of the Bedford Commercial Bank.” [June 12, 1821.] An ACT to incorporate the Third Centre School District, in the town of Billerica. An ACT to incorporate the Salt Manufacturing Company, on Billinsgate Island, in An ACT to incorporate the Boston Fuel Savings Institution. [June 15, 1821.] SEOT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That hereafter it shall not be lawful for any person to take, kill or destroy any birds, on any salt marshes within this Commonwealth, between the first day of March and the first day of September, in each and every year; and if any person, within the limits of any town, that shall not dispense with the regulations of this act, in the manner hereafter provided, do shoot, take, kill or sell, after being killed or taken, any of the birds aforesaid, within the times limited as aforesaid, respectively, he shall forfeit and pay, for each and every offence, two dollars; and all forfeitures incurred as aforesaid may recovered by any person who will sue for the same, within one year after the time of committing the offence, to be to his own use, in an action of debt in any court having jurisdiction of the amount demanded: Provided however, that nothing in this act shall go to prevent any owner or occupant of land from taking or killing any birds on the land so held by him. SECT. 2. Be it further enacted, That the inhabitants of any town in the Commonwealth may, at their annual meeting in March or April in any year, by vote, suspend the operation of the prohibitions and restrictions contained in this act, in whole or in part, within such town, and for such term of time, not exceeding one year, as to them shall seem expedient. [June 15, 1821.] An ACT to incorporate the Society for Employing the Female Poor. [June 15, An ACT to establish the Town of North Bridgewater. [June 15, 1821.] An ACT authorizing the Judge of Probate of the County of Middlesex to hold a Chap. 14. Special Court of Probate. [June 15, 1821.] An ACT to prevent the Destruction of Fish in the Town of Framingham. [June Chap. 15. 15, 1821.] An Act to authorize and empower the Trustees of Eliot School to sell and dispose of certain Lands. [June 15, 1821.] An Act to change the Names of the persons therein mentioned, and to change the name of the Second Social Library, in Charlestown. [June 15, 1821.] Chap. 16. 1803 ch. 147. Chap. 17. An ACT to incorporate the Boston Steam Boat Company. [June 15, 1821.] Chap. 18. Chap. 20. An ACT providing for the support of State Paupers. BE it enacted by the Senate and House of Representatives in 1219 ch. 164. General Court assembled, and by the authority of the same, That Limitation of whenever any town within this Commonwealth shall incur ex- expense. pense in relieving or supporting any poor person, who has no settlement within this Commonwealth, such town shall be entitled to a reimbursement, at a rate not exceeding, in any case, the sum of ninety cents per week, each, for adults, and fifty cents each, for children. [June 15, 1821.] An Act to empower the inhabitants of the Town of Lynn, to appoint a Board of Chap. 21. Health, and for removing and preventing Nuisances in the said town. [June 16, 1821.] An ACT in addition to an Act to relieve Towns from the Expenses of Persons imprisoned for Debt. Chap. 22. 1819 ch. 94. finement. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any person, hereafter confined in close prison, on Creditor to pay mesne process or execution issued upon any cause of action, board of debtors accruing after the fourteenth day of March, in the year of our in close conLord one thousand eight hundred and twenty, shall claim relief as a pauper, the keeper of the prison in which such poor debtor is confined shall, after twenty four hours from the time such claim is made, furnish relief and support to said poor debtor, at the charge and expense of the creditor, so long as he or she shall remain in close confinement at the suit of said creditor, at the rate of one dollar and twenty five cents per week; and no town or district in this Commonwealth shall hereafter be liable for the support of any poor debtor confined in manner aforesaid. Keeper may discharge debtors, if creditor do not pay or secure pay ment of their SECT. 2. Be it further enacted, That when the keeper of the prison, at the time of the commitment of any person, upon mesne process, or execution issued in manner aforesaid, shall require of the creditor, his or her attorney, or the officer committing, security for the expense of supporting such debtor, in case he or she shall claim relief as a pauper, unless satisfac- board. tory security is given, or the money advanced, he shall be under no obligation to furnish support for said debtor, as a pauper; and said keeper may, after twenty-four hours from the time said poor debtor shall claim relief as a pauper, discharge said debtor from imprisonment. SECT. 3. Be it further enacted, That when execution shall note on execution when Clerks, &c. to be hereafter issued upon judgments rendered upon causes of action, which accrued previous to the fifteenth day of cause of action March, in the year of our Lord one thousand eight hundred and twenty, the clerk or justice issuing such execution shall certify on the back thereof, that the cause of action accrued previous to said time. accrued. Debtor's pro sponsible. SECT. 4. Be it further enacted, That when debtors shall be perty held re- discharged from their imprisonment, in the manner mentioned in this act, the debt and cost shall not thereby be discharged; but the debt and cost, together with all sums which the creditor may have paid for the support of the debtor, while confined in close prison, shall be and remain a legal claim against the goods and estate of the debtor, but not against his or her body. [June 16, 1821.] Chap. 23. 1820 ch. 79. mexts. An ACT in further addition to an Act, entitled "An Act to establish a Court of SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Court arrange That as the Court of Common Pleas, created by the act, entitled "An Act to establish a Court of Common Pleas for the Commonwealth of Massachusetts," passed on the fourteenth day of February last will often sit, at or near the same times, in different counties, the justices of the same court, or a majority of them, may, from time to time, make such arrangements, as will be most convenient to themselves, and insure a punctual and prompt dispatch of the duties incumbent upon them. Clerks' title to office not af fected by for mer Act. Clerks to give bonds. Part of former SECT. 2. Be it further enacted, That nothing contained in the eleventh section of the act before named, shall be construed to give the clerks of the Courts of Common Pleas any other or better title to their offices than they have heretofore had; and when any of the said offices shall be vacant, a new clerk shall be appointed, in the same manner as the clerks of the Circuit Court of Common Pleas have hitherto been. SECT. 3. Be it further enacted, That the several clerks of the Court of Common Pleas, before they enter upon the discharge of their duties, under the act before named, shall give bond, with sufficient sureties, for the faithful performance of all the duties of their said office; and the sufficiency of such bonds shall be determined by any Justice of the Supreme Judicial Court, or Court of Common Pleas. SECT. 4. Be it further enacted, That the proviso contained law repealed. in the sixth section of the act before named, and likewise the second period or sentence of the tenth section of the same act, relative to official incompatibilities, be, and the same are hereby repealed. [June 16, 1821.] Chap. 24. 1793 ch. 25. Chap. 25. Chap. 26. 1817 c 1. 171. An ACT in addition to an Act, entitled "An Act incorporating the Proprietors of the South Meeting House in Danvers, as a Religious Society." [June 16, 1841.] An ACT to incorporate the First Calvinistic Baptist Society, in Beverly. [June 16, 1821.] An ACT partially to suspend the operation of an Act to Secure the Town of Boston from Damage by Fire. [June 16, 1821.] See 1822 ch. 16. An Act to empower the Proprietors of Flint's Mills, on Ipswich River, to alter the Chap. 27. Passage for the Fish in the Dam of said Mills. [June 16, 1821.] An Act to incorporate the Proprietors of the Charlestown Bleachery. [June 16, Chap. 28. 1821.] An ACT relative to filling any Vacancy in the Office of Secretary or Treasurer of Chap. 29. the Commonwealth. filling vacancy legislature- 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 vacancy shall happen in the office of Manner of Treasurer of this Commonwealth, during the recess of the Le- in office of gislature, which shall be supplied by the Governor, with the treasurer, duradvice and consent of the Council, it shall be done agreeably ing recess of to the regulations prescribed in an Act, entitled "An Act pro- 1791 ch. 59. viding for the security of the Treasury of this Commonwealth," enacted the eighth day of March, in the year of our Lord one thousand seven hundred and ninety-two; Provided nevertheless, That the oaths and affirmations prescribed by the sixth article of the Amendments of the Constitution be always administered, instead of the oaths, affirmations and declarations in use before the said amendment was adopted. - in the office SECT. 2. Be it further enacted, That when any vacancy shall happen in the office of Secretary of this Commonwealth, of secretary. during the recess of the Legislature, and shall be supplied by the Governor, by and with the advice of the Council, it shall be done agreeably to the regulations heretofore used and practised for qualifying the said officer, adapting the oaths, affirmations and subscriptions of said officer, to the provisions of the amended Constitution of this Commonwealth. [June 16, 1821.] An ACT to incorporate the Proprietors of the Boston Theatre. [June 16, 1821.] Chap. 30. An ACT regulating the Building with Wood within the Town of Boston. [June Chap. 31. 16, 1821.] See 1822 ch. 16. An ACT to provide for the Discharge of Officers in the Militia. Chap. 32. SECT. 1. BE it enacted by the Senate and House of Represen- 1809 ch. 108, tatives, in General Court assembled, and by the authority of the 34. same, That the commander in chief may discharge from office How militia any person holding a commission in the militia, whenever he officers may be shall thereto be requested by such officer in writing. And discharged. whenever the major general or commanding officer of any division shall certify that any officer, chosen or appointed to command in the militia, belonging to his division, has removed his residence out of the bounds of his command, to such a distance that such major general shall think it inconvenient for him to discharge the duties of his office, or, that any officer has been absent from his command twelve months without leave of the commanding officer of his division, such persons shall be considered as having abdicated their offices, and the commander in chief shall discharge them accordingly. And whenever any corps is disbanded by law, the officers belonging to the same shall be discharged. Provision in SECT. 2. Be it further enacted, That whenever any officer, case of officers' who is or shall be chosen to command in the militia, or is or removing out shall be appointed to office in the same, shall, after he shall of the limits of have been chosen or appointed, and before receiving his comhis corps, &c. Removal of officers. Chap. 33. 1797 ch. 67. Chap. 34. mission, remove out of the bounds of the corps to which he is chosen or appointed, to such a distance that his major general shall think it inconvenient for him to discharge the duties of his office, or whenever any officer shall refuse to accept his commission, and to take and subscribe the oaths required by the constitution, it shall be the duty of the major general to certify the facts upon the back of the commission, and to return the same to the adjutant general's office, and to cause the vacancy to be filled. SECT. 3. Be it further enacted, That officers, duly commissioned to command in the militia, may be removed from their offices by the address of both Houses of the Legislature to the Governor, or by fair trial in court martial, pursuant to the laws of the Commonwealth for the time being. [June 15, 1821.] An ACT in addition to "An Act incorporating the Massachusetts Mutual Fire Insurance Company." [Jan. 28, 1822.] An ACT to establish the Town of Prescott. [Jan. 28, 1822.] An ACT ceding to the United States the jurisdiction of part of Tinker's Island, BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Lands ceded to there be, and hereby is ceded to the United States, the jurisUnited States. diction of the following described real estate, lying in Salem, in the county of Essex, to wit: a part of Tinker's Island, so called, lying southerly of Marblehead Neck, containing two acres, on the southwest part of said island, and bounded as follows; beginning at a point on the northwest beach thereof, thence running across said island due southeast till it meets the beach, said point being so far distant from the west point of said island as to leave southwesterly of said line two acres, being about one sixth part of the same island; also the island or rock, known by the name of Marblehead Rock, lying south, fifty-seven degrees east, from Marblehead Fort; distant therefrom about three quarters of a statute mile; also the East Rock of Cat Island, so called, the same lying south, eighty-one degrees east, from Marblehead Fort; distant one and three eighth parts of a mile; and north, seventy degrees east, from the Marblehead Rock about three quarters of a mile; for the purpose of erecting and preserving land marks thereon: Provided, That this Commonwealth shall retain and it does hereby Concurrent ju- retain concurrent jurisdiction with the United States in and over said land, so far as that all civil and criminal processes, issued under the authority of this Commonwealth, or any officer thereof, may be executed on any part of said land, or in any building which may be erected thereon; and for the punishment of all crimes and misdemeanors against the laws of risdiction re tained. |