voters to be

the Secretary of the Commonwealth, and publish the same in
two or more of the newspapers printed in Boston; and if a ma.
jority of the votes so given in shall be in the negative, then the
provisions of the preceding part of this section shall regulate
the said elections in wards; but if a majority of the votes given
in as aforesaid shall be in the affirmative, then the said elec-
tions for State and United States officers shall be holden in the
manner prescribed by the constitution and laws of the Com-
monwealth, with the exception that the mayor and aldermen
and city clerk shall perform the duties now required by law to
be performed by the selectmen and town clerk.

Sect. 24. Be it further enacted, That prior to every elecWard lists of tion of city officers, or of any officer or officers under the gomade-

vernment of the United States or of this Commonwealth, it shall
be the duty of said mayor and aldermen to make out lists of all
the citizens of each ward, qualified to vote in such election, in
the manner in which selecimen and assessors of towns are re-
quired to make out similar lists of voters, and for that purpose
they shall have free access to the assessors' books and lists,
and be entitled to the aid and assistance of all assessors, assist-

ant assessors, and other officers of said city. And it shall be and deliver- the duty of said mayor and aldermen to deliver such list of the erl to ward voters in each ward, so prepared and corrected, to the clerk of clerks for war- said ward, to be used by the warden and inspectors thereof at spectors’ use at such election ; and no person shall be entitled to vote at such elections.

election, whose name is not borne on such list. And to prevent None to vote all frauds and mistakes in such elections, it shall be the duty of whose name is the inspectors, in each ward, to take care that no person shall

vote at such election, whose name is not so borne on the list of
voters, and to cause a mark to be placed against the name of
each voter, on such list, at the time of giving in his vote.

Sect. 25. Be it further enacted, That general meetings of General meet- the citizens, qualified to vote in city affairs, may from time to ings.

time be held, to consult upon the common good, to give instruc-
tions to their representatives, and to take all lawful measures
to obtain a redress of any grievances, according to the right
secured to the people by the constitution of this Common-
wealth. And such meetings shall and may be duly warned
by the mayor and aldermen, upon the requisition of fifty quali-
fied voters of said city.

Sect. 26. Be it further enacted, That all warrants for the Warrants for meetings of the citizens, for municipal purposes, to be had ineetings to be either in general meetings or in wards, shall be issued by the or and alder- mayor and aldermen, and shall be in such form, and shall be

served, executed, and returned at such time, and in such man-
ner, as the city council may, by any by-law, direct and ap-
point.

Sect. 27. Be it further enacted, That for the purpose of
Form of or-

organizing the system of government hereby established, and ganizing the putting the same into operation in the first instance, the selectcity.

men of the town of Boston, for the time being, shall seasona-
bly, before the second Monday of April next, issue their war-
rants for calling meetings of the said citizens, in their respec-

inen.

tive wards, qualified to vote as aforesaid, at such place and hour as they shall think expedient, for the purpose of choosing a warden, clerk, and five inspectors of elections, and also to give in their votes for a mayor and eight aldermen, for said city, and four common councilmen, three firewards, one overseer of the poor, and one member of the school committee, for each ward; and the transcripts of the records of each ward, specifying the votes given for mayor and aldermen, firewards, overseers, and members of the school committee, certified by the warden, clerk, and a majority of the inspectors of such ward, shall, at said first election, be returned to the said select- Return of men of the town of Boston, whose duty it shall be to examine votes. and compare the same. And in case said elections shall not be complete at the first election, then to issue a new warrant, until such election shall be completed, and to give notice thereof, in the manner herein before directed, to the several persons elected. And at said first meeting, the clerk of each ward, under the present organization, shall call the citizens to order, and preside until a warden shall be chosen; and at said first meeting, a list of voters in each ward, prepared and corrected by the selectmen of the town of Boston, for the time being, shall be delivered to the clerk of each ward, to be used as herein before directed.

SECT. 28. Be it further enacted, That so much of the act heretofore passed, relative to the establishment of a board of Repeal of acts. health for the town of Boston, as provides for the choice of members of the said board, and so much of the several acts relative to the assessment and collection of taxes within the town of Boston, as provides for the election of assistant assessors, also all such acts, and parts of acts, as come within the purview of this act, and which ar inconsistent with, or repug. nant to the provisions of this act, shall be, and the same are hereby repealed.

Sect. 29. And whereas by the laws of this Commonwealth, towns are authorized and required to hold their annual meetings, some time in the months of March or April, in each year, for the choice of town officers; and whereas, such meeting, in the month of March, in the present year, for the town of Boston, would be useless and unnecessarily burthensome : Therefore,

Be it further enacted, That the annual town meetings, in the months of March or April, be suspended, and all town officers March meet

ings suspended. now in office shall hold their places until this act shall go into operation.

Sect. 30. Be it further enacted, That nothing in this act contained shall be so construed as to restrain or prevent the Legislative Legislature from amending or altering the same, whenever controul. they shall deem it expedient.

Sect. 31. Be it further enacted, That this act shall be void, unless the inhabitants of the town of Boston, at a legal town meeting, called for that purpose, shall, by a written vote, de- Conditional termine to adopt the same within twelve days. [Feb. 23, 1822.] clause.

*nder.

TO THE

TWO VOLUMES.

Note.............No references are made to Acts not in force.

ABATEMENT of writs

82

BATEM

169 ACTIONS.
not to be for circumstantial errors

169

not to be brought against insolvent estales 152
judgment of may be appealed from 168 on probate bonds, regulated 283. ii. 471
of nuisances

194. 307 for fraudulently destroying vessels ii. 78
of taxes

222. jj. 579 for damage by cattle at large contrary
of school district taxes
ii. 280 to vote of the town

ii. 102
Absconding debtors, remedy against

464

for injuries arising from nuisance ii. 25
Jemnedy of collectors of taxes against 322

in S. J. Court, triable before one judge
apprentices to be arrested

463

ii. 113. ii. 428. ii. 536
Absence when cause of review

ii. 542
before a full court

ij. 113
of continuing actions
555 against co-executor

97
Absent, debtors, remedy against

464
co-administrator

ii. 463
Absentees and conspirators, debts of

co-tenant, for waste

236
allowed to be naturalized

415
of debt, for recovery of forfeitures

437
Tands of, not confiscated to be restored 151 real, limitation of

264. ii. 178
Abuse of female children, how punish-

personal, limitation of

280
ed
ii. 149. ii. 392

against ex'ors and adm'ors 400
Jccessories, how punished

185
on penal statutes

331
after the fact in burglary ii. 153 | ACTIONS, CIVIL, regulated

161 to 169
before the fact in robbing and

process in

161. ii. 552
murder

ii. 50) to be in the name of the Common-
Account, action of regulated

216 wealth

66. ii. ib.
„Iccounts, how filed in offset

169 writ and signing

ib. ii. ib.
of county treasurers, when to be render ,how to be indorsed

168
ed
406. 459. ii. 556 attachment

162
lccused, rights of, in criminal prosecutions 15

ib.
Acknowledgments of debts

71 bonds for prosecution when required 321. 289
of deeds, how to be made
110 survivorship in

104
on refusal, grantor may be committed 111 time of service

554
ACTIONS, transitory, where to be sued 169 summons, how served

ib.
on penal statutes
332 attachment, how served

ib.
on judgments
491 when to be entered

ib.
by and against counties ii. 259 when estate attached must be levied on by
in which Boston is party

execution

169
ii. 196. ii. 394 service of wrils on non-residents

554
what shall be deemed commencement of

451

on joint contractors 556
failing by accident not to be barred ib. writs, when to be returned

554
INDEX.

1

summons

167

acts

ACTIONS, CIVIL.

ACTIONS, CIVIL.
defendant when to be defaulted

writs of error, when allowed 416. ii. 554
judgment how rendered when the defendant

bow limited

ii. 138
is out of the state

555 erecutions how directed and returned 140. 184
continuance of actions by justices of the

when to issue

140 169
peace
124 hou serred on personal estate

142
when the defendant is out of

on land

140. f. 493
the state

555 limitations of real actions 264. ü. 178
continuance of actions nisi

ii. 392

of personal actions
discontinuance, or nonsuit

168

of actions against er ecutors and
suits, where to be tried

169
administrators

400
on pena' statules

332

of actions on penal statutes
jurisdiction of justices of the peace Acts of incorporation, to be deemed public
123. ii. 1841

ii, 2013
abalement of writ,

168

private, printed copies evidence
pleas of, filing

ii. 554
of

ii. 138
amendment of writs

169 Addamnum to determine justices'jurisdiction 546
appeals in pleas of abatement

168 Adjournment of the legislature 23, 25
writs, when not to abate

169

of the supreme court 66. ii. 534
pleadings, agreements respecting

168

of the common pleas ü. 552
general issue, when it may be pleaded be Adjulant general, appointment of 11. 225
fore a justice

125
salary of

ï. 404
by erec'ors admin'ors and

duty of quarter master general transfer.
guardians

115
ed to

ii. 551
in suits on penal statutes 332 clerk of, and his compensation ü. ib.
by civil officers

419

Admeasurement of timber regulated ü, 566
sel off, when allowed
169 || Administering oaths, form of

553
amendments, when allowed

ib. Administration, when to be granted and to
28sues in fact, to be tried by the jury 16. 168

whom

ü. 461
jurors, how appointed and returned

of estates of persons dying out of the
ii. 189. ii. 331

ii. 463
how designated

ii. 190 de bonis non, when granted 76. ii. 464
penalty for non-attendance
ii. 193 limitation of granting

ü, 463
talesmen, how returned

ii. 189

SEE ESECUTORS.
witnesses, how summoned

167 || ADMINISTRATORS, when to be appointed ii. 461
liable to an action for neglect

ib. when executors refuse
capias when to issue against them for con-

or neglect to gire bond

97
tempt

ib.
during minority of erecutor

ib.
depositions, when and how to be ta-

how to give notice of their appointment 360
548. ii. 450
to give bonds with sureties

ii. 462
when and how to be opened

550
if out of the state, what sureties

76
assessment of damages, how to be made to make an inrentory ii. 417. i. 461
upon default

167
penalty for neglect

ü, 418
how in replerin

375
may sue co-administrator

ji, 463
court to decide issues in law

558

how to proceed against those who conceal
proceedings on penal bonds

199, 579
estate

104
appeals from justices of the peace

124

or to account for estate entrusted to them 105
removal of action from justices of the may be called to account

ii. 463
peace in trespass

living out of the state, how proceeded with 97
costs, when allowed

168. ii. 553 when and how to be remored 97. ii, 205
double on appeals and excep-

may be required to give further secu-
tions
ii. 553. ii. 554 rity

ii. 418
when sued in a trong county

169
to have time to prepare to defend suits

104
new trials when to be granted
ii. 554 when to sell lands

100. i. 490
reriew at discretion of the court

397 how to proceed when the estate is in-
when defendant had no notice ii. 542 solrent
when verdict should have been set not to be sued, pending settlement of insol-
aside

330 vent estates
in action before justices

unless the claim is rejected by commission-
amendments, when allowed on review ii. 428

152. ii. 414

state

ken

123

151. 152

ib.

ers