A special justice may sit, in the absence of a standing justice. 1782 ch. 14. 1809 ch. 18. 1811 ch. 81.93. 1813 ch. 197. consist of three justices, and no more, to be appointed and qualified as the constitution and law direct; and the Governor, with the advice and consent of Council, may from time to time appoint one of said three justices to be chief justice of said court; and all writs and processes, issuing from said court, shall bear test of the chief justice thereof, except where he shall be a party, and when there shall be no such chief justice, in which cases such writs and processes shall bear test of the senior justice who is not a party. SECT. 2. Be it further enacted, That in case of the death, absence or legal disqualification of one or two of the justices of either of said courts, one or two of the special justices, as the case may require, shall sit in the place of such deceased, absent or disqualified justice or justices, and shall, for the time being, have the same powers and duties as a standing justice or justices of said court: Provided however, That no such court shall be holden by a smaller number than three justices, one of whom shall, in all cases, be a standing justice thereof. SECT. 3. Be it further enacted, That the said courts shall have, exercise and 1807 ch. 11. 57. perform all the powers, authorities and duties, which, before and until the passing of this Act, the respective Courts of General Sessions of the Peace, within the several counties in this Commonwealth, have by law had, exercised and performed, except as to erecting and repairing gaols and other county buildings, allowing and settling county accounts, estimating, apportioning and issuing warrants for assess1819 ch. 139. ing county taxes, granting licenses, and laying out, altering and discontinuing highways and town-ways, and appointing committees, and ordering juries for that purpose. 1818 ch. 120. 1821 ch. 51. Certain business of Court of Sessions to be returned to this court. lated. 1813 ch. 174. 1817 ch. 185. 1820 ch. 79. SECT. 4. Be it further enacted, That all actions, appeals, indictments, presentments, recognizances, venires, warrants and processes, pending in, taken for, or continued or returnable to the Courts of General Sessions of the Peace in the several counties in this Commonwealth, except such as in the section last aforesaid are excepted, shall be returned to, entered, have day, be proceeded in and determined, by the respective Courts of Common Pleas within and for the same counties; and tha all appeals, recognizances and other processes, which shall hereafter be granted and taken, shall be granted to, and taken for the Courts of Common Pleas in the respective counties, in all cases in which the jurisdiction thereof is by this Act vested in said Courts of Common Pleas. SECT. 5. And be it further enacted, That no appeal shall hereafter be allowed Appeals regu- from the judgment of any of said Courts of Common Pleas, in any action founded on simple contract, wherein it shall appear that the demand of the plaintiff does not exceed fifty dollars; and whenever, in any action founded on simple contract, the plaintiff shall demand more than fifty dollars, and shall not, by the judgment of the Supreme Judicial Court, on the appeal thereof, recover a larger sum than fifty dollars, the defendant shall recover his legal costs arising in such action, after the appeal thereof, unless such appeal was made by the defendant, in which case the plaintiff shall be entitled to, and recover double costs after the making such appeal; and no appeal shall hereafter be allowed from any judgment rendered in any Court of Common Pleas on default. [March 9, 1804.] Add. act-1805 ch. 116. Repealed-1813 ch. 174: 1820 ch. 79. 1803 ch. 55. Chap. 155. An ACT to repeal in Part, and for making further Additions to the Act, entitled, "An Act to prevent Fraud and Deception in packing of Pickled Fish, and to regulate the Size and Quality of the Casks, and the Exportation thereof from this Commonwealth, and to repeal all Laws heretofore made for this purpose;" [March 9, 1804.] Further add. acts-1804 ch. 4. 112. All repealed-1809 ch. 120. Chap. 156. An ACT to incorporate a number of the inhabitants of Bridgewater, in the County of Plymouth, and of Easton, in the County of Bristol, into a distinct Religious Society, by the name of The First Baptist Society in Bridgewater. [March 9, 1804.] Chap. 157. An ACT granting a Lottery for the Purpose of completing the Locks and Canals at Amoskeag Falls, in the State of New-Hampshire. [March 9, 1804.] Add. acts-1805 ch. 108: 1807 ch. 70: 1813 ch. 176: 1814 ch. 167. 1789 ch. 51. Chap. 158. An ACT in addition to an Act, entitled, "An Act to regulate the catching Salmon, Shad and Alewives, and to prevent Obstructions in Merrimack River, and in the other Rivers and Streams running into the same, within this Commonwealth, and for repealing several Acts heretofore made for that purpose." [March 9, 1804.] Further add. acts-1804 ch. 134: 1806 ch. 28: 1811 ch. 175: 1812 ch. 84: 1817 ch. 16: 1819 ch. 4. 20: 1820 ch. 22. Chap. 159. An Act fixing the Times and Places of holding the Courts of Common Pleas, and Courts of General Sessions of the Peace in the County of Middlesex. [March 9, 1804.] Chap. 160. An ACT to incorporate the Township Number Two, in the second Range of Town ships north of the Plymouth Claim, commonly called Kinsmantown, on the east em side of Kennebeck River, in the County of Kennebeck, into a Town by the name of Athens. [March 7, 1804.] An Act to apportion and assess a Tax of one hundred thirty-three thousand three Chap. 161. hundred and two dollars fifty-two cents, and providing for the reimbursement of twenty-three thousand seven hundred and eighty-two dollars, paid out of the public Treasury to the Members of the House of Representatives for their attendance the two last sessions of the General Court. [March 7, 1803.] An ACT in addition to an Act, entitled, "An Act to incorporate Hugh M'Lellan Chap. 1. and others into a Company, by the name of Maine Fire and Marine Insurance Company." [June 14, 1804.] See 1808 ch. 27. 1799 ch. 42. An Act to change the name of the Town of Fall-River, in the County of Bristol. Chap. 2. [June 18, 1804.] Chap. 3. 1803 ch. 114. An Act in addition to an Act, entitled, "An Act to incorporate certain persons for the purpose of making a Street from Rainsford's-Lane, in the Town of Boston, to the Bridge proposed to be built from, at, or near the Town's Landing, to Dorchester Neck." [June 18, 1804.] Further add. act—1805 ch. 92. An ACT in addition to an Act, entitled, "An Act to repeal in Part, and for making Chap. 4. further additions to the Act, entitled, An Act to prevent Fraud and Deception in packing of Pickled Fish, and to regulate the Size and Quality of the Casks, and the Exportation thereof from this Commonwealth, and to repeal all Laws heretofore made for this purpose." [June 20, 1804.] Further add. act—1804 ch. 112. All repealed-1809 ch. 120. 1803 ch. 155. Connecticut An ACT in addition to an Act, entitled, "An Act to secure to Owners their Property in Logs, Masts, Spars and other Timber, in certain Cases." Chap. 5. BE it enacted by the Senate and House of Representatives, in 1793 ch. 42. General Court assembled, and by the authority of the same, That Former act exso much of the sixth section of an Act, entitled, "An Act to tended to Mersecure to owners their property in logs, masts, spars and oth- rimack and er timber, in certain cases," passed on the twenty-second day rivers. of February, in the year of our Lord seventen hundred and ninety-four, as is contained in a proviso in the same section, and is in these words: "Provided nevertheless, That nothing in this Act shall be construed to extend to Connecticut River, or the river Merrimack," be, and the ame is hereby repealed; and that the provisions of the first, second, third, fourth, and sixth sections of said Act, be, and they are hereby extended to Connecticut river, and to the river Merrimack. [June 20, 1804.] Further add. acts-1804 ch. 95: 1806 ch. 118: 1807 ch. 84: 1815 ch. 51: 1817 ch. 84: 1818 ch. 91. An ACT declaring the Proprietors of the Portsmouth Salt-Works a Corporation Chap. 6. within this Commonwealth. [June 21, 1804.] An ACT to incorporate the Westerly Parish in the Town of Partridgefield, in the Chap. 7. County of Berkshire into a separate Town by the name of Hinsdale. [June 21, 1804.] An ACT to incorporate Josiah Barker, George Myrick, and others, into a Compa- Chap. 8. ny by the name of The Nantucket Union Marine Insurance Company. [June 21, 1804.] An Act to annex a certain Gore of Land in the County of Kennebeck, to the Town Chap. 9. of Wayne, in said County. [June 21, 1804.] An ACT to establish an Academy in the Town of Monson, by the name of The Chap. 10. Monson Academy, and to create a Corporation of Trustees for the same. [June 21, 1804.] An ACT to authorize the Town of Duxbury, in the County of Plymouth, to keep Chap. 11. up and maintain a Bridge and Mill-Dam, on and over Blue Fish River, so called, in said Town. (June 21, 1804.] Chap. 12. Chap. 13. 1792 ch. 6. Chap. 14. 1791 ch. 48. Chap. 15. Chap. 17. Chap. 18. Chap. 19. Chap. 20. 1795 ch. 41. Chap. 21. Chap. 22. Chap. 23. Chap. 24. 1802 ch. 60. Chap. 25. Chap. 26. Chap. 27. Chap. 28. 1795 ch. 21. Chap. 29. 1797 ch. 49. An Act to alter the Times for holding the Courts of General Sessions of the Peace within the County of York, and for repealing Part of an Act heretofore made for that purpose. [June 21, 1804.] An ACT in addition to an Act entitled, "An Act to incorporate sundry persons by the name of The President and Directors of the Union Bank." [June 21, 1804.] Further add. act-1806 ch. 36. An ACT in addition to an Act, entitled, "An Act to incorporate the Plantation called Shepherdsfield, in the County of Cumberland, into a Town by the name of Hebron." [June 21, 1804.] An ACT to incorporate the Plantation of Industry, in the County of Kennebeck, An ACT to authorize Samuel Borden to build a Bridge from the easterly side of An ACT to incorporate Township Number One, in the second Range of Townships, An ACT to continue in Force an Act passed in the year of our Lord one thousand seven hundred and ninety-six, entitled, "An Act establishing and regulating the Fees of the several Officers and other persons hereafter mentioned, and for repealing the Laws heretofore made for that purpose." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Act, entitled, "An Act establishing and regulating the fees of the several officers, and other persons hereafter mentioned, and for repealing the laws heretofore made for that purpose," be, and hereby is continued in force. [June 22, 1804.] An ACT to set off David Barnard from the North Parish in the Town of Andover, An ACT to set off John Whiting, Moses Craig, Jesse Day, Elijah Craig, Benjamin An ACT to incorporate Lucretia Osgood and others into a Society, by the name of An ACT to limit and establish the Capital Stock of The Suffolk Insurance Compa- An ACT to divide the Town of Hallowell, in the County of Kennebeck, into two Parishes, and to incorporate the southerly part thereof into a distinct Society by the name of The Second Parish in Hallowell. [June 23, 1804.) An ACT to incorporate a number of persons in the Towns of Edgartown, Chilmark and Tisbury, into a Religious Society, by the name of The First Baptist Society in Tisbury. [June 23, 1804.] Add. act-1807 ch. 41. An ACT for incorporating certain persons therein named, for the purpose of supporting a Bridge over Chicopee River, at a place called Wallomanumps. [June 23, 1804.] Add. act-1813 ch. 35. An ACT in addition to an Act, entitled, " An Act in addition to an Act, entitled, An Act for incorporating Woodbury Storer and others, by the name and style of The Cumberland Canal." (June 23, 1804.] An ACT to authorize the Proprietors of York Bridge, over Trafton's Ferry, to receive Toll. [June 23, 1804.] An ACT to incorporate the Plantation of Great-Pond-Settlement, in the County of Chap. 30. Lincoln, into a Town by the name of Palermo. [June 23, 1804.] An ACT to change the Names of Ebenezer Morse, William Paine, jun. William Chap. 31. Stevens, Joseph B. Tinker, and James Crawford Bullock. [June 23, 1804.] An ACT in addition to an Act, entitled, "An Act to authorize the Selectmen of the Chap. 32. Town of Portland to appoint an additional Number of Engine-Men." [June 1802 ch. 49. 23, 1804.] An Act to incorporate the Plantation of East-Andover, in the County of York, Chap. 33. into a Town by the name of East-Andover. [June 23, 1804.] An Act to incorporate the Plantation of Peabody's Patent, in the County of Chap. 34. York, into a Town by the name of Gilead. [June 23, 1804.] An Act in amendment of an Act, entitled, "An Act for incorporating certain per- Chap. 35. sons by the name of The Boston Library Society." [June 23, 1801.] Further 1794 ch. 4. add. act-1820 ch. 81. An ACT in addition to an Act, entitled, “An Act establishing a Corporation, by the Chap. 36. name of The Second Massachusetts Turnpike Corporation. [June 23, 1804.] 1796 ch. 72. Further add. act--1817 ch. 21. An ACT to incorporate a number of the inhabitants of the Town of Leeds, in the Chap. 37. County of Kennebeck, into a Religious Society, by the name of The First Bap tist Society in Leeds. [June 23, 1804.] An ACT in addition to an Act, entitled, "An Act to establish a Corporation, by Chap. 38. the name of The Becket Turnpike Corporation." [June 23, 1804. See 1819 1803 ch. 40. ch. 22. An ACT to establish a Corporation, by the name of The Sheffield and Tyringham Chap. 39. Turnpike Corporation. [June 23, 1804.] See 1807 ch. 29. An ACT to incorporate the President, Trustees and Associates of the Boston Ex- Chap. 40. change Office or Association Fund. [June 23, 1804.] Expired. An ACT to incorporate the Plantation called Barretstown into a Town by the name of Hope. [June 23, 1804.] Chap. 41. An ACT in addition to an Act, entitled, "An Act for incorporating Joseph Noyes Chap. 42. and others, by the name and style of The Proprietors of the Falmouth Canal." [June 23, 1804.] 1795 ch. 23. An ACT to render valid the Doings of certain Persons who were Deputies under Chap. 43. An ACT in addition to an Act, entitled, "An Act empowering Towns to restrain Chap. 44. Cattle from running at large within their several Limits." 1799 ch. 61. 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 inhabitants of any town within this Commonwealth Towns authormay, at any town-meeting legally holden for that purpose, or- ized to restrain der and direct that any particular description of neat cattle, or any cattle from other commonable beasts, shall not go at large, within the lim- going at large its of such town, without a keeper, under the penalty mentioned in the Act to which this is in addition, and to be recovered in the manner therein prescribed, for each beast found going at large without a keeper, contrary to the order and direction of any town as aforesaid. SECT. 2. And be it further enacted, That if any person or Penalty for persons shall turn out, or suffer any such cattle or beasts so cattle going at restrained as aforesaid from going at large, to go at large on the Lord's Day. Lord's day, with or without a keeper, such person or persons shall forfeit and pay fifty cents for each beast so turned out, or suffered to go at large, to be recovered by action of debt, by VOL. II. 14 Person allow ing cattle to go at large liable for damage. Chap. 45. Chap. 46. Chap. 47. 1802 ch. 120. Chap. 49. 1803 ch. 92. Chap. 50. Chap. 51. Chap. 52. 1802 ch. 102. Chap. 53. Chap. 54. Chap. 55. 1800 ch. 2. Chap. 56. Chap. 57. any inhabitant of such town, who will sue for the same, and for his sole use. And it is also hereby made the duty of all field-drivers, within their respective towns and districts, to carry the provisions of this Act into effect. SECT. 3. And be it further enacted, That if any person shall suffer any such cattle or beasts belonging to him, or in his keeping, to go at large, contrary to the order and direction of any town, made pursuant to the authority given in this Act and the Act to which this is in addition, and any such cattle or beasts shall within such town do damage on the improved lands of any person, the person so suffering such cattle or beasts to go at large, shall be liable to pay all damages so done by such cattle or beasts, to be recovered by the person suffering such damage, in an action of trespass, before any court proper to try the same, whether such improved lands be enclosed with a sufficient fence or not. [Nov. 21, 1804.] Further add. act— 1817 ch. 143. An ACT to change the name of Bela Nichols. [Nov. 21, 1804.] An ACT to incorporate the Proprietors of the Public Bathing-House in Boston. An ACT in addition to an Act, entitled, "An Act for incorporating certain persons for the purpose of laying out and making a Turnpike Road from Newburyport to Chelsea Bridge." [Feb. 2, 1805.] Further add. acts-1804 ch. 86: 1807 ch. 117: 1811 ch. 50. An ACT in addition to an Act, entitled, "An Act to incorporate Jonathan Mason and others into a Company, by the name of The Union Marine Insurance Company." [Feb. 4, 1805.] Further add. acts-1810 ch. 47: 1816 ch. 59. An ACT to incorporate the persons herein named into a Company, by the name of The Broad-Street Association in the Town of Boston. [Feb. 11, 1805.] Add. act-1812 ch. 74. An ACT to authorize William Flitner and others to build a Bridge across Robinhood's Cove. [Feb. 11, 1805.] An ACT in addition to an Act, entitled, "An Act for incorporating certain Persons for the purpose of laying out and making a Turnpike Road, from Quincy Meeting-House to a Place called Queen Ann's Corner, on the Borders of Hingham and Scituate, and for building the necessary bridges on said road, and for supporting the same." [Feb. 11, 1805.] Further act-1817 ch. 156. An ACT to set off Jedidiah Little from the South Parish in the Town of Marshfield, and to annex him and his estate to the North Parish in the said Town. [Feb. 11, 1805.] An Act to incorporate Thomas Hazard, jun. and others, into a Company by the name of The Bedford Marine Insurance Company. [Feb. 11, 1805.] An ACT in addition to an Act, entitled, "An Act to incorporate George Dodge and others, into a Company by the name of The Salem Marine Insurance Company." [Feb. 16, 1305.] An ACT authorizing the Inhabitants of the Town of Newton, in the County of Middlesex, to regulate the taking of Fish called Shad and Alewives, within the limits of the said Town. [Feb. 16, 1805.] An ACT to incorporate a number of the inhabitants of the Town of Turner, in the County of Cumberland, into a Religious Society by the name of The Universalists' Society in Turner. [Feb. 16, 1805.] |