counts in off

[Preceding

tions, mentioned in the nineteenth section of the Act, to Defendant may file notes which this is additional, where the defendant is allowed as well as acto file his account, in offset to the plaintiff's demand, it set. shall and may be lawful, for the defendant in such actions, to file also any promissory note or notes, he may have, Act, ch. 186, vol. 3, p. 5,] signed by such plaintiff and made payable to the defendant, or to the defendant or his order, in offset to the plaintiff's demand; and such proceedings shall be had Proceedings thereon, as is directed in the section aforesaid, in like cases; and such note or notes shall be filed within the times, prescribed in the same section. [Approved February 10, 1823.]

Additional Act, ch. 347, vol. 3.

thereon.

Chapter 229.

AN ACT in addition to An Act, entitled An Act concerning the assessment Ch. 116, vol. and collection of Taxes.

2, p. 470.

either to ten

whether with

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the Assessors of Assessors may assess improvany town or plantation within this State, in assessing any ed lands, &c. State, County, Town or Plantation taxes, may, and hereby ant or owner; are authorized, at their election, to assess improved lands, in, or out of houses or tenements to the tenants in possession of the State. same, or to the owner or owners thereof, whether such owner or owners reside within this State, or elsewhere, any law, usage or custom to the contrary notwithstanding.

And the Collectors of taxes for the several towns and [See ch. 337, plantations within this State, are hereby authorized to sec. 4, vol. 3.] collect such taxes, in the manner pointed out in the thirtieth section of the Act, to which this is in addition. [Approved February 10, 1823.]

Additional Act, ch. 337, vol. 3.

Chapter 230.

AN ACT additional to An Act, for the prevention of Lotteries not author- Ch. 28, vol. 1, ized by law, and to prohibit the sale or purchase of Tickets in this State. p. 116.

BE it enacted by the Senate and House of Representatives, in Le- Part of former gislature assembled, That from and after the first day of September next, Act repealed. so much of the Act to which this is additional, as exempts from the opera- [This, and the tion of that law, Lotteries granted by the Congress of the United States, and former Act,are

repealed; see permits the sale of tickets in such Lotteries, be and is hereby repealed. ch. 327, vol. 3.] [Approved February 10, 1823.]

be in funds,

Additional Act, ch. 259, vol. 3.

Chapter 231.

AN ACT respecting Academies incorporated within this State.

BE it enacted by the Senate and House of Represen

tatives, in Legislature assembled, That each and every Academies to Academy, established by law within this State, shall be &c. or lose put into operation and have instruction commenced theretheir charter. in, and be in possession of property, either in funds, buildings or other estate, to the amount of fifteen hundred dollars, within one year from the passing of this Act; ed-see addi- otherwise the powers, granted by their several Acts of tional Act.] incorporation, be, and they hereby are annulled. [Approved February 10, 1823.]

[Time extend

Ch. 44, vol. 1. p. 159.

Additional Act, ch. 252, vol. 3.

Chapter 232.

AN ADDITIONAL ACT respecting partition fences. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That in all cases where the occupants of adjoining closes have, or shall have maintained a partition fence, either with, or without making a division agreeably to law, and either of said owners or,occupants shall from any legal cause, cease to maintain the whole of his proportion of such partition fence, then it shall be lawful for the owner or occupant of either of the closes, on which the partition New division fence is thereby varied, to have a new division of such of partition fences may be partition fence; and the owner of the excess over one made in cer- half of such partition fence, shall be entitled to recover

tain cases.

thereon.

against the other owner or occupant the value of such excess; such value to be ascertained by two fence viewers, Proceedings who may be called upon, and shall proceed in the manner pointed out, in the Act to which this is additional, for coming to a division of partition fences; and unless such sum shall be paid within six months from the time it shall be so ascertained, the party entitled to recover, shall have

his action on the case therefor in any Court of competent jurisdiction. [Approved February 10, 1823.]

Chapter 233.

AN ACT additional to An Act to establish the Court of Common Plens. Ch. 193, vol. 3,

p. 11.

Pleas concur

Court in cer

SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That from and after the first day of June next, the Court of Common Pleas shall have concurrent jurisdiction with the Supreme JuCriminal jurisdicial Court of all crimes, offences and misdemeanors, diction of C. excepting, those crimes, which are by law punishable with rent with S.J. death, and excepting also the crimes of manslaughter, tain cases. felonious maims and assaults, and duelling, rape, sodomy and bestiality, adultery, bigamy and polygamy, burglary, perjury and subornation of perjury, and also the crimes and offences described in the second and third sections of "An Act providing for the punishment of in- [Ch. 4, vol. 1, cendiaries, and the perpetrators of other malicious mis- P. 58.] chief;" and also the crimes and offences described in the seventh and ninth sections of "An Act providing for the [Ch. 7, vol. 1. punishment of the crimes of robbery and other larcenies Pp.66 and 67.J and for the prevention thereof," and excepting also the crimes and offences described in the first, second and eighth sections of An Act against forgery and counter- [Ch. 11 vol. 1, feiting And the said Court of Common Pleas may sen- Pp. 79, 80 and tence all such persons, as may be duly convicted before it, to suffer such punishment as is, or may be by law provided; saving however to the party accused the right of appeal. [Approved February 10, 1823.]

Additional Act-see next chapter.

89.]

Chapter 234.

AN ACT additional to An Act to establish a Court of Common Pleas.

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That from and after the

Ch. 193, sec. 11, vol. 3, p. 16.

altered in

York county;

Times of hold- passing of this act, the Court of Common Pleas shall be ing C. Pleas held annually within and for the county of York, at Alfred, on the second Tuesday of February and the third Tuesday of October; and at York on the last Tuesday of Cumberland, May; at Portland, within and for the county of Cumber[Oct. T. altered,see ch.265, land, on the first Tuesday of March, the third Tuesday of June, and the second Tuesday of October; and at and Penob- Bangor, within and for the county of Penobscot, on the scot. [Terms first Tuesday of January and the fourth Tuesday of June; ch. 246, vol. instead of the times prescribed in the act to which this is additional, for holding said Courts in the Counties aforesaid. [Approved February 11, 1823.]

vol. 3.]

altered, see

3.]

Additional Act, ch. 425, vol. 3.

See ch. 303, vol. 3.

Justice to in

issuing war

raut.

Chapter 235.

AN ACT to prevent unnecessary costs in criminal prosecutions.

SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That where complaint shall be made to any Justice of the Peace, alleging any offence against law to have been committed, and praying that a warrant may issue, it shall be the duty of such Justice carefully to inquire of the complainant, quire of com- on oath, into the circumstances of the case; and if from plainant under oath, before the whole facts disclosed, he shall be satisfied the offence alleged in the complaint has been committed by the person charged, he shall then and not otherwise, issue his warrant; and it shall be the duty of said Justice to order such persons only to be summoned as witnesses, as, from the circumstances disclosed, he shall be satisfied can testify to facts material to the issue to be tried, and whose testimony is necessary in the cause: Provided, however taxed for com- in all cases no costs shall be taxed or allowed by said plainant. Justice for the benefit or use of the complainant as a witness, aid, constable, or in any other capacity whatever.

No costs to be

SECT. 2. Be it further enacted, That it shall be the duty of all Justices of the Peace and all Courts of Justice before whom any criminal prosecution may be pend

Courts to ex

ing, where the officer serving the warrant issued in such Justices and case shall have charged fees for aid, or other expense in amine officer's charges for serving said warrant, to inquire of said officer, on oath, aid, &c. under into the necessity of such charge. And no charge what- oath, ever, made by such officer, other than for service and travel shall be allowed, unless upon such inquiry and examination; nor shall any allowance for aid be made to such officer, unless it shall appear, upon such inquiry and examination that said officer was resisted in making service of such warrant, or that he had reasonable ground to apprehend such resistance; and in all such cases it shall be the duty of the Justice or Court aforesaid, to allow only so much of said charge as appears reasonable and necessary, considering the nature of the service and the circumstances of the case: Provided, however, That and may allow reasonathe Justice or Court may allow reasonable compensation ble compensafor aid, if it appears that such aid was absolutely neces

sary.

tiou.

dictment is

fees to be al

lowed such

Justice.

SECT. 3. Be it further enacted, That where, upon any examination had before any Justice of the Peace, upon When no incomplaint made, the party accused shall be ordered by found, upon binding over such Justice to recognize to answer before any Court by Justice, no having jurisdiction of the offence charged, and the Grand Jury of such Court, upon investigation, shall not find a bill of indictment against such accused party, the Justice, so ordering him to recognize shall not be entitled to receive any fees for any services rendered in said case, from the State or County; nor shall there in any case be taxed or allowed by any Justice any other or greater items of cost or fees than what are expressly established and allowed in criminal cases by the Act entitled An Act establishing and regulating the fees of the several officers and other persons therein mentioned.

When several warrants are

issued by Jus

tices in cases

offence, which might be joined

SECT. 4. Be it further enacted, That where several warrants are issued by any Justice of the Peace, against a defendant, or several defendants for the same in the same County, which might by law be joined in costs to be alone complaint and warrant, no costs shall be allowed for only.

lowed in one