probable quantities of these articles; and he, with the directors, shall furnish a form of tender for these articles that may be most conveniently separated; and public notice shall be given in the same manner, as is provided in the third section of this Act, and the same stipulations and securities entered into, for the delivery and payment of these articles, and doing the truckage.

SECT. 5. Be it further enacted, That such part of the convicts, who are not employed in labouring for account of the prison, Employment of shall annually be let to contractors, for the term of one year, prisoners. to begin from the first of April; and that notice shall be given, by advertising in the same manner, as is provided in the third section of this Act, that all persons may apply at the prison, to receive information regarding the prisoners, and the work they can perform; and sealed tenders shall then be received for any number of them, to be employed in such labour as the contractor may prefer, subject to the regulations established for the government of the prison; the contractors shall give bonds for the payment of the hire, in equal quarterly payments: And no offi- Officers of pricer of the prison shall ever be concerned, directly or indirect- son not to be ly, in any contract for the hire of the convicts, under pain of concerned in dismission from his office: Provided, That nothing in this Act. shall go to destroy the fulfilment of any contracts heretofore entered into, on account of the prison.

contracts.

SECT, 6. Be it further enacted, That the State shall have Claims of State a preferent claim over all other creditors, for any debts arising to be preferred. out of these contracts. [Feb. 23, 1822.]

An ACT to regulate the Administration of Justice within the County of Suffolk, and for other purposes.

Chap. 109.

town of Chel

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 town of Chelsea shall continue to be a part of Provisions rethe county of Suffolk, for all purposes relating to the adminis- specting the tration of justice, as though this Act had not been passed, ex- sea. cepting that the town of Chelsea shall not be liable to taxation for any county purposes, until the Legislature shall otherwise order; and excepting also, as hercin after provided, concerning the jurisdiction of Justices of the Peace. That the Court of Common Pleas in the county of Suffolk shall have jurisdiction in all matters and things, which, in relation to the town of Chelsea, or the inhabitants thereof, were cognizable by the Court of Sessions in the county of Suffolk, before the passing of this

Act.

established.

SECT. 2. Be it further enacted, That there shall be, and hereby is established within and for the city of Boston, a Po- Police Court lice Court, to consist of three learned, able, and discreet persons, to be appointed and commissioned by the Governor, pursuant to the constitution, and the senior justice shall preside in said court; and a court shall be held daily, at nine of the clock, A. M. and at three of the clock, P. M. by some one, or more of said justices, and at any other times when necessary, to take cognizance of all crimes, offences, and misdemeanors,

court.

whereof Justices of the Peace may take cognizance by law, and of all offences which may be cognizable by one or more of said justices, according to the by-laws, rules, and regulations which may be established by the proper authority of the city Powers of the of Boston. And the court hereby constituted shall hear and determine all suits, complaints, and prosecutions, in like manner as is by law provided for the exercise of the powers and authority which are, or may be vested in Justices of the Peace; and do all such acts necessary to, or consistent with, such powers and authority, reserving to any party aggrieved an appeal, in like manner as appeals may be claimed in all other cases: Provided always, That no one of said justices shall be of counsel, or attorney, to any party, in any matter or thing whatsoever, which may be pending before said justices, or either of them.

Returns of

warrants issu

of the Peacc.

SECT. 3. Be it further enacted, That all warrants issued by said justices, or either of them, or by any Justice of the ed by Justices Peace within the city of Boston, shall be made returnable, and be returned, before the said Police Court: Provided always, That no process returnable before a Justice of the Peace residing in said town of Chelsea, except for causes of complaint arising in Chelsea, shall be served within the city of Boston. And if any warrant shall be issued by any Justice of the Peace, who is not one of the justices of the said Police Court, the lawful fees payable therefor shall not be paid nor allowed, unless, on the examination or hearing before said Police Court, it shall appear to said court, that there was just and reasonable cause for issuing said warrant; in which case, such fees, costs, and charges, shall be allowed and taxed, in like manner, as though said warrant had been issued by a Justice of the Peace, according to the law now in force.

tices of the

court.

SECT. 4. Be it further enacted, That the said justices of Salaries of jus- said court shall severally receive, in full compensation for all services herein before assigned to them, such salary, annually, payable out of the treasury of the city of Boston, as the city council shall fix and determine, payable quarter yearly; the said annual salary shall include, and be payment in full, not only for the services rendered by the said justices, in all prosecutions, suits and complaints, but also in full for all other services required of them by this Act, excepting when acting as members of the board of accounts, as herein after provided for.

duty.

SECT. 5. Be it further enacted, That there shall be a clerk Clerk of Police of said Police Court, to be appointed and commissioned by the Court and his Governor, with the advice of Council, and removable by the same authority, whose duty it shall be to attend every court held by the said justices of the said Police Court, or either of them, and to record all proceedings therein had, and to make out all warrants and processes, which the said justices, or either of them, may order; to tax all bills of cost, and receive all fines, penalties, and costs; and to exhibit, quarter yearly, to the board of accounts, hereinafter established, a particular account of all sums of money by him received as such clerk, and

shall pay over all sums, by him so received, to the city treasur er, immediately after his accounts shall have been examined and certified by said board of accounts; and the accounts so exhibited, from time to time, shall be recorded by the city treasurer, in a book to be by him kept for that purpose, when the same, with the certificate of allowance thereof, by said board, shall be exhibited to him by said clerk, and the said accounts shall be filed and safely kept by said treasurer. That To give bond the said clerk shall be sworn to the faithful performance of his and be sworn. duty, and shall give bond, with one or more surety or sureties, to the acceptance of the said city treasurer, for the faithful performance of the duties of his office, in such penalty as the city council shall determine; and the said clerk shall re- His pay. ceive from the city treasury such annual compensation, payable quarter yearly, as the city council shall fix and determine,

1822 ch. 12.

and no other compensation whatever. That the said clerk Not to be of shall not advise with, nor be of counsel, nor attorney, to any counsel. party in any suit, complaint or process whatsoever, pending, or to be brought before said court; and shall be removable for any Act by him done in contravention of this provision. The said clerk is hereby authorized and empowered, with the May employ consent and approbation of the justices of said court, to em- assistant ploy, if it be found necessary so to do, one or more assistant clerks. clerks; but the said clerk shall be responsible for all persons by him so employed; and the said city council may allow to such assistant clerk, or clerks, a reasonable and just compensation, payable out of the city treasury, on the certificate of the said board of accounts, that such assistant clerk or clerks were necessarily employed: Provided always, That the said Proviso. clerk of said Police Court shall take all lawful fees for copies which he may make out and certify, at the request of any party or person, and shall endorse thereon, the amount of said fees, and account for all fees by him so received, to the city

treasurer.

diction.

SECT. 6. Be it further enacted, That a court shall be held by one or more of said justices, on two several days in each Justices court week, and as much oftener as may be necessary, to be called and its jurisand styled the Justices' Court for the county of Suffolk; which court shall have original, exclusive jurisdiction and cognizance of all civil suits and actions, which before, and until the passing of this Act, might by law be heard, tried and determined before any Justice of the Peace, within and for the county of Suffolk; and an appeal shall be allowed from all judgments in said Justices' Court, in like manner as appeals are now allowed by law, from judgments of Justices of the Peace in civil actions, in the said county of Suffolk. All writs, and summons, and processes, may be tested by either of the justices of said

court.

And it shall be the duty of said justices to keep a true and faithful account of all fees respectively received by them in civil suits and actions, and to render a just and true account thereof, on oath, quarter yearly, to the board of accounts; and 1822 ch. 12. Repealedall sums of money, by them so received, shall be accounted for, and paid into the city treasury and it shall be the duty of such justice to make a true and faithful

lish rules for conducting their business

-may dis

record, according to law, of his proceedings in every trial and process of a civil nature, which may be had before him.

Court to estab- That all the justices of the said court shall, from time to time, assemble, to establish all necessary rules for the orderly and uniform conducting of the business of said courts, both of civil and criminal jurisdiction, and to agree upon the manner and course, in which they shall respectively perform the duties by this Act assigned to them, so as to ensure a constant, prompt and punctual performance thereof, and to equalize the same, as near as may be, among themselves. And the said justices, charge prison when assembled, shall have power to discharge from prison any person or persons, who may be there held for no other cause than the non-payment of fine and costs, if it shall appear to said justices that such person or persons are poor and unable to pay the same: Provided always, That when such person or persons are held under sentence of the Municipal Court, that the assent of the judge of that court, that such person or persons shall be discharged, shall be first given.

ers held for non-payment of fine and costs only.

Suits pending

not to be affected.

SECT. 7. Be it further enacted, That all suits, actions and before justices prosecutions, which shall be instituted, and which shall be pending before any Justice of the Peace, within the county of Suffolk, at the time when the said Police Court, and the said Court of the Justices of the county of Suffolk, shall have been orga nized, and shall have been duly qualified to perform the duties hereby assigned to said courts, shall be heard and determined as though this Act had not been passed.

Common Pleas powers of Ses

to exercise

sions as to streets, &c.

Transfer of suits.

counts, how constituted, and their powers.

SECT. 8. Be it further enacted, That the Court of Common Pleas, holden within and for the county of Suffolk, shall have, exercise, and perform all the powers and duties, which, before the passing of this Act, were by law had, exercised, and performed by the Court of Sessions in said county, with regard te streets and ways, and with regard to all other suits, processes, and proceedings whatsoever, in which a trial by jury may be had or required; and such trial shall be had at the bar of said Court of Common Pleas, in the same manner as other civil causes are there tried, by the jurors there returned and empannelled; and the jury, to whom such cause may be committed, shall be taken to view the place in question, if either party shall request it. And all suits and processes, pending in said Court of Sessions, at the passing of this Act, whereof cognizance and jurisdiction is hereby given to the said Court of Common Pleas, shall be transferred to, and heard and determined in the said Court of Common Pleas, as though the same had been originated or instituted in said court, in pursuance of this Act.

SECT. 9. Be it further enacted, That the judge of Probate for the county of Suffolk, and the judge of the Municipal Court of the town or city of Boston, and the said justices of the Police Court, shall be, and they hereby are constituted a Board of Accounts; and the said board shall assemble quarter yearly, and as much oftener as may be found necessary, and when so assembled, shall have power, and it shall be their duty, to adjust, liquidate, examine, and allow, all bills of costs, accounts and charges, which may be made, or which may arise in the

course of proceedings in the said Police Court, and in the Municipal Court, and in the maintenance and keeping of the prisoners in the gaol of the county of Suffolk, and of all other charges and expenses in keeping said gaol, and of all other places of confinement and punishment, within the city of Boston; and the said board of accounts shall certify that said accounts, charges and expenses have been examined and allowed by them; and the certificate of such examination and allowance shall be endorsed on the accounts exhibited to said board, and shall be addressed to the public officer, by whom such charges, fees and expenses may be payable by law.

mayor and aldermen.

SECT. 10. Be it further enacted, That the said judges and Board to exjustices are empowered, and it is hereby made their duty, to amine prisons assemble quarter yearly, and proceed to inspect the gaol in the and report to county of Suffolk, and all other places of confinement and punishment for crimes, offences, or non-payment of fines or debts, and to make report of their proceedings to the mayor and aldermen of the city of Boston, and therein to state all grievances, mismanagements and negligences, which they may find to exist; and therein to suggest such changes and improvements, as to them may seem wise and expedient. Any three Three a quoor more of said justices and judges shall constitute a quorum rum. for the performance of the duties hereby assigned to them.

And the said judges and justices shall be entitled to have and Their pay. receive, out of the city treasury, the sum of three dollars respectively, for each and every day which be by them devoted to the performance of the duties hereby assigned to them.

SECT. 11. Be it further enacted, That the Court of Sessions,

within and for the county of Suffolk, be, and the same is here- Court of Sesby abolished: And the mayor and aldermen of the city of Bos- sions in Suffolk ton, for the time being, shall have all the powers, and perform abolished. all the duties, which before and until the passing of this Act, were had and performed by the Court of Sessions, excepting as otherwise provided for by this Act, or any other Act relating to the transfer of the powers heretofore vested in said Court of Sessions.

SECT. 12. Be it further enacted, That the treasurer of the city of Boston shall be, ex officio, treasurer of the county of Suf- Treasurer. folk, and shall keep all such books as may be proper and necessary, as treasurer of the city of Boston, and as treasurer of the county.

taxes.

SECT. 13. Be it further enacted, That all taxes, which may be assessed for city or county purposes, within the city of Assessment of Boston, may be assessed separately, as county taxes and as city taxes, or under the denomination of city taxes only, as the city government may see fit, from time to time, to order and direct.

SECT. 14. Be it further enacted, That the city government of the city of Boston shall have power and authority to provide Auditors. for the appointment and compensation of one or more auditors, and of one or more clerks in the treasury department, as said government may find to be necessary or convenient.

SECT. 15. Be it further enacted, That it shall be the duty of