the original judgment, when added together, exceed the sum of thirteen dollars and thirty-three cents, but the plaintiff shall be 1807 ch. 123. entitled to receive his costs of suit as in other cases on such scire facias. charged. SECT. 2. And be it further enacted, That if the bail shall, at When the bail any time before final judgment upon the original suit is ren- may be disdered against him, or upon the return of such scire facias, and before judgment thereon shall be rendered against him, bring his principal before such justice, and shall procure the sheriff of the county, or his deputy, or any constable of the town wherein such justice may reside, to attend and receive him, said justice shall thereupon order him into the custody of such officer, and the principal shall be committed to gaol, and there remain, and be proceeded with as is provided in the Act to which this is in addition; and upon the payment of the costs which may have arisen on such scire facias, the bail shall be discharged from their suretyship, as in other cases. SECT. 3. And be it further enacted, That when any principal, surrendered as aforesaid, shall be ordered into custody, the said justice shall make out and deliver to the officer receiving him, a warrant or mittimus of the tenor following, to wit: SS. COMMONWEALTH OF MASSACHUSETTS. To the Sheriff of the County of Constable of the Town of in said County, or his Deputy, or to any and to the Keeper of the Gaol Greeting. principal, when [Seal.] WHEREAS A. B. of C. in said county, (addition) Warrant for at a court this day holden before me, has been surrendered by committing a D. E. of F. in said connty who was bail for the said surrendered. A. B. in an action wherein one G. H. was plaintiff, and the said A. B. was defendant, you, the said sheriff, deputy-sheriff, and constable, are severally required to receive the said A. B. into your custody, and him forthwith to convey to the common gaol of said county; and you the said keeper are hereby required to receive the said A. B. in order to his being taken in execution upon the suit aforesaid. Hereof fail not; and of this warrant and your doings thereon you are to make due return to myself, as soon as may be. Given under my hand and seal, the day of Anno Domini Justice of the Peace. be discharged in certain case. And if the plaintiff shall not within thirty days next after such Principal may surrender, in case the same shall be made upon scire facias, or if the same shall be made upon the original process, then within thirty days next after final judgment, take the said principal in execution, he shall be discharged upon his paying the legal prison fees. quested is to Be it further enacted, That it shall be the duty of An officer reany officer as aforesaid, upon the request of such person or attend to repersons being bail as aforesaid, to repair to said justice's court, ceive a princiin order to receive the principal as aforesaid; and such officer pal. shall be allowed and paid by the bail, for his receiving and committing said principal on said warrant or mittimus, the same fees as are provided by law for committing any defendant to prison on mesne process. And all and every such officer or officers shall have the like power and authority, and shall be under the like obligations, in all respects and regards whatsoever, to execute and return such warrant or mittimus, issued by such justice, upon the surrender as aforesaid, as he or they by law have and are under to execute and return any writ or execution whatever; and shall be subject and liable to all the like action or actions, for any fraud or falsehood and neglect of their duty, as is provided by law in other cases. [March 7, 1804.] Further add. act-1817 ch. 146. Chap. 133. An ACT providing for the Appointment of a Reporter of Decisions in the Supreme A reporter of decisions to be appointed. Compensation. Limitation of the Act. 1801 ch. 61. Judicial Court. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same. That His Excellency the Governor, by and with the advice of the Council, shall, as soon as may be after the passing of this Act, appoint some suitable person, learned in the law, to be a reporter of the decisions of the Supreme Judicial Court, who shall be sworn to the faithful discharge of his duty, and shall be removeable at pleasure of the Executive; whose duty it shall be, by his personal attendance, and by any other means in his power, to obtain true and authentic reports of the decisions already made, or that may be hereafter made by said. court, and shall annually publish the same. SECT. 2. And be it further enacted by the authority aforesaid, That the said reporter shall receive out of the treasury of this Commonwealth one thousand dollars annually, which, together with the profits arising from the publication of his said reports, shall be full compensation for his services aforesaid; and that the money paid by persons admitted to practise as attornies in the Supreme Judicial Court, shall be a fund for the payment of said sum, and if insufficient, to be paid out of any other monies in the treasury not otherwise appropriated. SECT. 3. Be it further enacted, That this Act shall continue in force during the term of three years from the passing the same, and no longer. [March 8, 1804.] Continued-1805 ch. 80: 1809 ch. 94: 1814 ch. 84. Chap. 134. An ACT in addition to "An Act to regulate the Alewive Fishery in the Towns of same. WHEREAS the practice of taking mackarel with seines and nets, in the spring of the year, while they are lean, and before they have cast their spawn, renders them of small value, and has a direct tendency to destroy that valuable species of fish: To prevent which, Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person or persons, from and after the passing this Act, Penalty for taking macka &c. between April 1, and July 1. between the first day of April and the first day of July annually, shall, within any of the bays, harbours or inlets, or near rel with seines, any of the shores, within this Commonwealth, take, with any seines, nets or weares, any mackarel, the person or persons So offending, shall forfeit and pay a fine not exceeding ten dollars nor less than four dollars, for every barrel of mackarel taken as aforesaid, and so in proportion for a greater or less quantity; to be recovered in an action of the case, one moiety thereof to the use of this Commonwealth, and the other moiety thereof to the use of him or them who shall prosecute therefor. [March 8, 1804.] An Act to change the Names of George Parker, Nathaniel Appleton, Charles Ap- Chap. 136. pleton, Henry Atwater, Nathaniel Sherman, John Andrews, and John Appleton. [March 8, 1804.] An Act in addition to, and repealing the fourth Section of an Act, entitled, "An Chap. 137. Act for providing a Passage for Fish from Mystic River to Eell Pond, in the Town 1800 ch. 67. of Malden." March 9, 1804.] See 1805 ch. 87. An Act to incorporate a number of the inhabitants of the Town of Charlton, into a Chap. 138. separate religious Society, by the name of The First Baptist Society in said Charlton. [March 9, 1804.] An Act to repeal in Part and making further additions to an Act, entitled, "An Chap. 139. Act to regulate the Inspection of Beef, intended to be exported from this Common- 1799 ch. 69. wealth." SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, That from and after the first day of April next, so much of the Part of former fourth section of said Act as allows those parts that are exclud- act repealed. ed from mess No. 1, and No. 2, to be packed for exportation, and to be marked REFUSE, is hereby repealed. SECT. 2. Be it further enacted, That those parts of beef which ed No. 3. are excluded from Mess, No. 1, and No. 2, in the aforemention- What beef ed Act, (not including hearts nor cheek pieces,) shall, after the may be brandfirst day of April next, be packed and inspected by the inspector-general, or his deputies, in the same manner as No. 1, or No. 2, and shall be branded No. 3; first taking from said pieces, excluded as aforesaid, viz. the end of the neck weighing not less than four pounds, nor more than six pounds, and from the shank and shin of each quarter, not less than four pounds, nor more than eight pounds; which pieces thus excluded shall not be exported from this Commonwealth. SECT. 3. Be it further enacted, That the hearts and cheek Hearts and pieces of beef may be inspected, and when thus inspected, shall cheeks to be be branded HEARTS and CHEEKS. inspected. SECT. 4. Be it further enacted, That there shall be paid by Fees. the employer to the inspector-general or his deputies for their services, and for those labourers and coopers which they may employ, for the purposes of cutting, weighing, packing, salting and coopering, twenty-five cents a barrel, for any quantity under fifty barrels, and sixteen cents for each half barrel under that number; and in packing-houses, where larger quantities are put up, and with more convenience, they shall only receive twenty cents for each barrel, and for each half barrel fourteen cents, exclusive of the fees mentioned in said Act for inspecting and branding, and for repairing defective casks. [March 9, 1804.] Further add. acts-1815 ch. 9: 1820 ch. 34. Chap. 140. An ACT to alter the Time of holding the Courts of Common Pleas and General Sessions of the Peace, within and for the County of Essex, in the month of March. [March 9, 1804.] Chap. 141. An ACT in addition to an Act, entitled, “An Act for the due Regulation of Weights and Measures." 1799 ch. 60. Troy weights of the treasur er to be corrected. WHEREAS the Troy weights, used by the Treasurer of this Commonwealth as State standards, have, by long use, diminished and undergone an alteration in their proportions: SECT. 1. Be it therefore enacted by the Senate and House of Rep resentatives, in General Court assembled, and by the authority of the same, That for correcting the disproportions and repairing the diminution aforesaid, the treasurer be, and he hereby is authorized and directed to add, or cause to be added, to the said Troy weights respectively, as follows, viz. to the weight of one hundred and twenty-eight ounces, the further weight of twentyseven grains; to the weight of sixty-four ounces, the further weight of fifteen grains; to the weight of thirty-two ounces, the further weight of six grains; to the weight of sixteen ounces, the further weight of seven grains; to the weight of eight ounces, the further weight of four and an half grains; to the weight of four ounces, the further weight of two and an half grains; to the weight of two ounces, the further weight of two and an half grains; to the weight of one ounce, the further weight of two grains; to the weight of half an ounce, the further weight of one quarter of a grain; or procure new weights of the same denomination, and conformable to the said State standards, with the additions aforesaid respectively; which weights, so corrected, shall be the standards of Troy weight for this Commonwealth. SECT. 2. And be it further enacted, That the directors of the banks to be an- several banks, which are or shall be incorporated within this nually proved. Commonwealth, shall annually in the month of June, at the expense of said banks, have all the weights used in their respective banks compared, proved and sealed by the treasurer, or by some person specially authorized by him for that purpose; which shall supersede, so far as respects such banks, the sealing of Troy weights by the town or district sealer, as required by the Act to which this is in addition; and no tender of gold by any bank in this Commonwealth, weighed with weights other than those compared, proved and sealed as aforesaid, shall be legal. And to prevent the unavoidable imperfection of scaleweighed alter- beams from operating unequally in payments of gold, the payer nately in each or receiver may require that the gold shall be weighed in each scale, so that the inequality of the different ends of the beam, if any, may be ascertained, and the mean weight resulting therefrom shall be considered as the true weight of the parcel of gold so to be paid or received. The weights of Gold to be scale. Proving of town and county standards. SECT. 3. And be it further enacted, That it shall be the duty of the several county treasurers, at the expense of their respective counties, before the first day of July next, and once in every ten years afterwards, to have their county standards of Troy weight compared, proved and scaled by the treasurer of the Commonwealth, or some person by him thereto specially authorized; and it shall be the duty of the treasurers of the several towns and districts, at the expense of their respective towns and districts, within one year after the first day of July next, and once in every ten years afterwards, to have their town and district standards of Troy weight compared, proved and sealed by the treasurer of the Commonwealth, or of the county wherein such town or district shall be, or some person thereto specially authorized by said state or county treasurer. [March 9, 1804.] Further add. act-1817 ch. 50. An ACT to incorporate the Plantation heretofore called Freetown, in the County Chap. 142. of Kennebeck, into a Town by the name of Fairfax. [March 9, 1804.] An Act in further addition to an Act, entitled, "An Act establishing The Nor- Chap. 143. folk and Bristol Turnpike Corporation." [March 9, 1804.] Further add. acts1804 ch. 106: 1805 ch. 106: 1820 ch. 29. 1801 ch. 69. An ACT to establish a Corporation, by the name of The Wiscasset and Dresden Chap. 144. Turnpike Corporation. [March 9, 1804.] An ACT to incorporate John Peck and others, by the name of The Boston Mill Chap. 145. Corporation. [March 9, 1804.] An ACT establishing The Hartford and Dedham Turnpike Corporation. [March Chap. 146. 9, 1804.] Add. acts-1808 ch. 54: 1812 ch. 91. An ACT for incorporating certain persons therein named, by the name of The Chap. 147. Trustees of the Elliot School, in that part of Roxbury called Jamaica Plains, and repealing all Laws heretofore made relating to said School. [March 9, 1804.] See 1821 ch. 16. An ACT to incorporate Samuel Henshaw, Esq. and others, into a Company, by Chap. 148. the name of The Hampshire Fire Insurance Company. [March 9, 1804.] An ACT to establish a Corporation, by the name of The Salem and Chelmsford Chap. 149. Turnpike Corporation. [March 9, 1804.] liable to costs An Act making Provision for the Payment of Costs in laying out Turnpike Roads. Chap. 150. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever a committee or jury shall be appointed by the Court Turnpikes of General Sessions of the Peace, for the purpose of estimating in the same whether sufficient or insufficient damages have been allowed manner as in laying out a turnpike road, the turnpike corporation being a party, shall be liable to costs in those cases, in like manner as counties are liable in laying out county roads. [March 9, 1804.] counties. 1804 ch.125, 2. An Act to incorporate Nathaniel Goodwin and others, by the name of The Ply- Chap. 151. mouth Marine Insurance Company. [March 9, 1804.] An ACT for the Preservation, and to regulate the taking of the Fish called Shad Chap. 152. and Alewives, in the stream called Miles River, in Wenham, Hamilton, and Ipswich, in the County of Essex. (March 9, 1804.] An ACT to incorporate Tobias Lord and others, by the name of The Kennebunk Chap. 153. Marine Insurance Company. [March 9, 1804.] An ACT for enlarging the Jurisdiction of the Courts of Common Pleas, and other Chap. 154. Purposes. 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 pass ing of this Act, the Courts of Common Pleas within this Commonwealth, in each Court to conof those counties where there are now not more than three justices of said court, sist of three and in every other county, whenever the number of justices of said court shall, justices. by death, resignation or otherwise, be reduced to three, shall respectively |