CHAPTER LVIII. An Act extending the powers of the Justices of the Supreme Judicial Court, in certain cases. ted on trial in on ground of mitted to pris ed to reason,&c. SEC. 1. BE it enacted by the Senate and House of Representa- Persons acquite tives, in Legislature assembled, That whenever any person who Sup. J. Court, may have been arrested and in custody, or in prison, to an- insanity, &c. swer for any crime or crimes, offence or offences, before the may be com Supreme Judicial Court, shall be acquitted thereof by the on until restor Jury of trials; or shall not be indicted by the Grand Jury, by reason of the insanity or mental derangement of such person, and the discharge, or going at large of such person shall be deemed by the same Court to be dangerous to the safety of the citizens, or to the peace of the State, the said Court be, and hereby is authorized and empowered to commit such person to prison, there to be detained till he or she be restored to his or her right mind, or otherwise delivered by due course of law. And every person so committed shall be kept At whose exat his or her own expense, if he or she have estate sufficient for that purpose; otherwise at the charge of the person or town, upon whom his or her maintenance would have been legally chargeable, if he or she had not been committed as aforesaid. pense. by Grand Jury, conviction cause, they SEC. 2. Be it further enacted, That whenever the Grand If no indiet Jury, upon any inquiry which they may hereafter make as ment is found to the commission of any crime or offence by any person, neverse shall omit to find a bill for the cause aforesaid, it shall be Jury for suck the duty of such Jury to certify the same to the said Court. shall so certify And whenever the Jury of trials, upon the general issue of not to the Court. guilty, shall acquit any person for the cause aforesaid, it shall be the duty of such Jury, in giving in their verdict of not guilty, to state that it was for such cause. such S. J. Court, or quorum unus, may discharge a person so SEC. 3. Be it further enacted, That any one of the Justices A Judge of the of the Supreme Judicial Court, or any two Justices of the two Justices, Peace, quorum unus, within their county, may discharge from confinement when it shall be made to appear convicted, when to his or their satisfaction, that the going at large of such it may be done per- safely. son will not be dangerous to the safety of the citizens and to the peace of the State. any person, two any ore of the Justices, quorum unus, on friends of a lu mit him to SEC. 4. Be it further enacted, That upon the application s. J. Court, or of friend or friends of such lunatic person, the Supreme Judges, or two any Judicial Court, or any one of the Justices thereof, or any Justices of the Peace, quorum unus, of the county in which application of such person may have been in prison, as aforesaid, be and natie, may comare hereby authorized and empowered to commit to the cus- the custody of tody and safe keeping of such friend or friends, such lunatic such friend-on person: Provided however, That such applicant or applicants en, &c. shall first give bonds, with sufficient surety or sureties, to the Judge of Probate for the county in which such lunatic is confined, conditioned for the safe keeping of such lunatic person, bond being giv Mode of serving writs of attach ant. and for the payment of all damages which any person may sustain by reason of the acts and doings of such lunatic; which bond shall be approved by the Court, Justice, or Justices aforesaid, and may be put in suit for the benefit of persons interested, in like manner as is by law provided in case of Probate bonds: Provided, That nothing in this Act contained, shall deprive any person of the benefit of the writ of habeas corpus. [Approved March 17, 1821.] ·:00: CHAPTER LIX. An Act regulating Judicial Process and Proceedings. SEC. 1. BE it enacted by the Senate and House of Representa ment and sum- lives, in Legislature assembled, That when the goods or estate moning defend- of any person shall be attached at the suit of another, in any civil action, a summons in form prescribed by law, shall be delivered to the party whose goods or estate are attached, or left at his or her dwelling house or place of last and usual abode, fourteen days before the day of the sitting of the Court where such attachment is returnable; and if the defendant was not at any time an inhabitant or resident within this State, or has removed therefrom, then such summons shall be left with his tenant, agent or attorney; and such service shall be made by the officer to whom the writ may be directed who shall return the same according to the precept thereof and if such defendant shall not have a tenant, agent or attorney within the State, and his goods or estate shall be attached as aforesaid, the officer shall return the writ with his doings thereon; and such action being duly entered, the Court may order such notice to the defendant, as justice may require. Mode of serving riginal sumnions, &c. SEC. 2. Be it further enacted, That in all suits wherein the process is by original summons, as against executors, administrators or guardians, in ejectment, dower, scire facias, error, review, and all other civil actions wherein the law does not require a separate summons to be left with the defendant, the service thereof by the proper officer shall be good and valid in law, either by his reading the writ or original summons to the defendant, or by leaving a certified copy thereof at his or her house or place of last and usual abode, fourteen days bein writs of re- fore the same is returnable; and in all real actions, where the defendant or defendants in review live out of the State, so that the writ of review cannot be served upon him or them, the service of such writ upon the tertenant or person in possession shall be deemed a good and sufficient service, and the defendant or defendants shall be held to answer thereup on accordingly. view. where defendants are ut of S'ate. vice, when de SEC. 3. Be it further enacted, That in all actions wherein Mode of serthe process shall be by original summons as aforesaid, and fendant was the defendant was at no time an inhabitant or resident within ever an inhabitant of State, this State, or has removed therefrom, then the service thereof &c. shall be in like manner by the proper officer's reading the same to, or leaving a like copy duly attested with the tenant, agent or attorney of the defendant, the like number of days before the day of the sitting of the Court whereto the same process shall be returnable; and if such defendant shall not have a tenant, agent or attorney within the State, the plaintiff or demandant may enter his action, and the Court may order notice to the defendant in the manner provided in the first section of this Act. In actions of er real actions, also served on SEC. 4. Be it further enacted, That in actions of dower and other real actions, wherein the possession of land or buildings dower and oth shall not be demanded in the writ of the tenant in the actual summons to be possession or occupancy thereof, in addition to a service on tertenants. the defendant in the writ or summons as aforesaid, there shall be a service on such tenant the like number of days before the day of the sitting of the Court by the proper officer's reading to him or her the same writ or original summons, or leaving a like certified copy at his or her house or place of usual abode on the premises, which shall also be certified by the proper officer; or the writ shall abate. of process on more SEC. 5. Be it further enacted, That when two or more are Mode of service jointly obligated by act of law or agreement, and one or more joint contracts, of them are without the State, having property or estate, but were defend no tenant, agent, trustee or attorney within the same, the prop- the State. erty or estate of those so without the State, may be attached, and the summons being left by the officer serving the writ, with those within the State, shall be deemed a legal service on those without the same: Provided, One continuance shall Continuance to be granted, unless the plaintiff can show that notice has been case given to the person so out of the State, in which case the Court may proceed at their discretion, without granting a continuance. be granted in proprietors, &c. SEC. 6. Be it further enacted, That when a suit shall be Mode of serbrought against any town, parish, or against the proprietors vice on towns. of any common or undivided lands or other estate, the plaintiff shall cause the Clerk of such town, parish or proprietors, or one or more of the Selectmen of such town, or assessors of such parish, to be served with a copy of the writ of summons, at least thirty days before the day of the sitting of the Court to which the same shall be returnable. the defendants service, nor re SEC. 7. Be it further enacted, That when a suit shall be when none of brought, and no one of the defendants named in the writ, shall, are in the State at the time of the service thereof, be an inhabitant or resident at the time of within this State, or then be present within the same, and shall turn before the not return before the time of trial; or if the action shall be what proceed. grounded on a tort, and any one of the defendants shall so beings are to be time of trial; ance judgment, absent or not inhabitant or resident, and not return; then the Court wherein such suit shall be pending, shall continue the as to continu same to the next term, on a suggestion of the fact being made on the record. And if the defendant, whose absence was noted on the record, shall not then appear by himself or attorney and be so remote that the notice of such suit pending could not probably be conveyed to him or her during the vacation, the said Court may further continue the action to the next term, and no longer. And in such cases where judgment shall be entered up by default after one or two continuances as aforesaid, execution or writ of seizin shall be stayed and execution. and not issue until the plaintiff or demandant shall have given bond with sufficient sureties in double the value of the estate or sum recovered by such judgment, to make restitution, and to refund and pay back such sum as shall be given in debt or damages; or so much as shall be recovered upon a suit therefor, to be brought in one year next after entering up the first judgment; if upon such suit the judgment shall be reversed, annulled or altered; the security aforesaid to be no further answerable than for the recovery that shall be made on such suit, to be had within one year as aforesaid: Provided neverplaintiffs giv. theless, If any plaintiff or plaintiffs in any such suit shall at any notice to de time after the service of the original writ or summons as aforefendants, &c. said, and thirty days before the term of said Court, in which judgment may be rendered in manner aforesaid, cause the defendant or defendants in the case, (being out of this State,) to be notified of such suit by serving him or them with an attested copy of such writ or summons, and the officer's return thereon, and shall file in said Court the deposition of one witness, being an inhabitant of this State, that such copy of said writ or summons was left with said defendant or defendants, or at his or their last and usual place of abode, in such case the plaintiff or plaintiff's may have his or their writ of execution or seizin, in the same manner as though the said defendant or defendants had appeared in said Court and made answer in said action, without such bond being given in manner aforesaid: Provided also, That no real estate taken in execution, granted upon such first judgment shall be conveyed by such plaintiff or demandant, until the expiration of the said one year, or after a new trial brought within the said space of one year. Proviso as to personal All original writs to be endorsed, &c. SEC. 8. Be it further enacted, That all original writs issuing out of the Supreme Judicial Court, or Circuit Court of Common Pleas, or from a Justice of the Peace, shall, before they are served, be endorsed on the back thereof by the plaintiff or plaintiffs, or one of them, with his christian and surname, if he or they are inhabitants of this State, or by his or their agent or attorney, being an inhabitant thereof; and where the plaintiff is not an inhabitant of this State, then his writ shall be endorsed in manner aforesaid, by some responsible person who is an inhabitant of this State, provided that the Court in certain cases ed. may upon motion in consideration that the agent or attorney who endorsed the writ, is not of ability for the purposes hereafter mentioned, order that the plaintiff shall procure a new endorser, and such new endorser shall be held in the same New endorser manner as if the endorsement had been made before the writ may be requir was served, and unless the plaintiff shall procure such new endorser when directed thereunto by the Court, he shall become nonsuit, but no costs shall be awarded against him. And the plaintiff's agent or attorney who shall so endorse his Liability of name upon an original writ, shall be liable in case of the avoidance or inability of the plaintiff to pay the defendant all such costs as he shall recover, and to pay all prison charg es that may happen where the plaintiff shall not support his action. endorsers. ties actions SEC. 9. Be it further enacted, That when the plaintiff and in what coun defendant both live within the State, all personal or transito- must be comry actions shall be brought in the county where one of the menced. parties lives. And when an action shall be commenced in any other county than as above directed, the writ shall abate, and the defendant shall be allowed double costs. may be brought, tions in favor county may and where ac of be brought. SEC. 10. Be it further enacted, That any local or transitory where actions action against the inhabitants of any county in this State, in against county their corporate capacity may be commenced and prosecuted to final judgment and execution, either in the county where the plaintiff in such action lives, or in the county against which the action shall be brought, at the plaintiff's election, and any local or transitory action in which the inhabitants of any county shall be plaintiffs, may be commenced and prosecuted to final judgment and execution, in the county where the defendant in such action shall live, unless the defendant shall be an inhabitant of the same county, in which case the action may be commenced and prosecuted in either of the adjoining counties. SEC. 11. Be it further enacted, That when any corporation where actions shall be a party in any action commenced by or against the inhabitants of any county in this State, in their corporate ca- counties are to pacity, the action shall be commenced and prosecuted to final judgment and execution, in one of the counties adjoining the county interested in the same. between corporations and be brought. by SEC. 12. Be it further enacted, That any local or transitory where actions action against the inhabitants of any county by any plaintiffs against their belonging to such county, shall be commenced and prosecut-own counties ed to final judgment and execution in such county, or in an brought. adjoining county, at the plaintiff's election. to be Where actions of one county er, shall be brought. SEC. 13. Be it further enacted, That any local or transitory by inhabitants action by the inhabitants of one county against the inhabitants against inhab of another county, shall be commenced and prosecuted to final itants of anoth judgment and execution in an adjoining county. SEC. 14. Be it further enacted, That no action shall be en- Actions to be tered at any Circuit Court of Common Pleas after the first day entered at c.C. of the sitting thereof: Provided nevertheless, That where, by day of term. Com. Pleas first |