Account of cost Provided always, that at the time of opening the said of bridge and triennial statements to be filed. Sign-board. First meeting. Treasurer to sign and seal a discharge, &c. Bridge, the proprietors and their successors, shall cause a just and true account of the expences thereof and also at the end of every three years afterwards, a true and just account of their receipts and disbursements, to be deposited in the office of the Secretary of this Commonwealth; and that when ten years have elapsed, from the date of this Act, the Legislature may regulate anew the rates of toll receivable at the said Bridge. And the said Proprietors shall constantly keep, in a conspicuous place, and fairly exposed to view, a sign or board, with the rates of toll, of all the toilable articles, legibly written thereon, in large or capital letters. Provided however, that the said toll may be commuted with any person or persons, or with any corporation, by taking a certain sum annually as may be mutually agreed on, in lieu of the toll aforesaid. SEC. 4TH. And be it further enacted, that upon application of any three of the proprietors aforesaid to either of the Justices of the Peace within and for the County of Hancock, it shall be the duty of such Justice to issue his warrant, directed to some member of said Corporation, requiring him to notify and warn a meeting of said proprietors, to be holden at such time and place as shall be appointed in said Warrant, to choose such officers as said Corporation are empowered to choose. And the said Corporation at the same or any subsequent meeting, may determine on the mode of calling future meetings, and may make and adopt such bye laws, rules and regulations, as may be necessary and convenient for the management of their affairs, provided they are not repugnant to the constitution and laws of this Commonwealth. Approved March 14, 1805. 1804.- Chapter 103. [January Session, ch. 57.] AN ACT PROVIDING FOR THE REGULAR DISCHARGE OF MORT- SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that whenever any Mortgagor, who shall have mortgaged any real estate to the Commonwealth, his Executors, Administrators, heirs or assigns, shall pay into the treasury the full sum due on such mortgage, the Treasurer may, and it shall be his duty to sign and seal a discharge of such mortgage, and a release and quit-claim to the Estate therein mentioned to be granted, and to acknowledge the same before a Justice of the Peace; which deed, being recorded in the Registry of Deeds for the County, where such Estate is situate, shall effectually discharge such mortgage to all intents, and purposes: Provided however, that nothing in this Act shall be construed to authorize any mortgagor, his heirs, executors, administrators, or assigns, to redeem any mortgaged premises after the expiration of three years from the entry of the Commonwealth by the Treasurer, or his substitute, or any other person thereto authorized by law, upon the mortgaged premises for the breach of the condition of the mortgage. greement be treasurer and mortgaged SEC. 2. And be it further enacted, that whenever In case of disathere shall be a disagreement between the treasurer for tween the the time being, and the person applying to redeem any persons applyreal Estate mortgaged to the Commonwealth, as to the ing to redeem sum equitably due on such mortgage, the person so ap- property. plying, and having a right to redeem such Estate, may file a Bill in equity for the redemption thereof, in the Supreme Judicial Court in the County of Suffolk, and the same Court shall cause an attested copy of such petition, with a summons thereon, to appear at the next term of said Court in said County, to be served, fourteen days before the commencement thereof, on the treasurer, who is hereby authorized, in behalf of the Commonwealth, to appear in said Court and answer to such petition; and the said Court, within said County, shall proceed to hear the parties, and shall determine and adjudge what sum is justly due on said mortgage to the Commonwealth; and the Treasurer shall be empowered, and it shall be his duty to accept the Sum adjudged by said Court to be due on said mortgage, and upon receiving the same to discharge and release such mortgage in the manner prescribed in the first section of this Act: Provided always, Proviso. that all the costs and charges of discharging such mortgage, and of the process for ascertaining the sum due on the same, shall be borne by the person or persons applying to redeem the Estate mortgaged, and not by the Commonwealth or the Treasurer. Approved March 15, 1805. Number of Terms to be holden by three or more Justices. 1804.- Chapter 104. [January Session, ch. 58.] AN ACT TO SET OFF JOSEPH CURTIS, WITH HIS FAMILY AND Be it enacted by the Senate and House of Representatives in General Court assembled, and by the Authority of the same, That Joseph Curtis husbandman of Roxbury in the County of Norfolk, with his polls, family & estate, be and hereby are set off from the first Parish, and annexed to the third Parish, commonly called Jamaica plain, in the said town of Roxbury. Provided that the said Joseph Curtis shall previously pay his proportion of all parochial charges assessed upon him, and due to the said first Parish prior to the date of this Act. Approved March 15, 1805. 1804. - Chapter 105. [January Session, ch. 59.] AN ACT MAKING FURTHER PROVISION IN THE JUDICIAL DEPARTMENT. SEC. 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 passing of this Act, the Supreme Judicial Court of this Commonwealth, shall consist of One Chief Justice and four other Justices, and no more. SEC. 2. Be it further enacted, That from and after the passing of this Act, the Supreme Judicial Court shall be holden annually at Boston, in the County of Suffolk, for the Counties of Suffolk & Nantucket, on the second Tuesday of March; at Lenox, in & for the County of Berkshire, on the second Tuesday of September; at Northampton, in and for the County of Hampshire, on the third Tuesday of September; at Worcester, in & for the County of Worcester, on the fourth Tuesday of September; at Dedham, in and for the County of Norfolk, on the first Tuesday, next after the fourth Tuesday of September; at Taunton, in and for the County of Bristol, on the second Tuesday, next after the fourth Tuesday of September; at Plymouth, in and for the County of Plym outh, on the third Tuesday next after the fourth Tuesday of September; at Barnstable, for the Counties of Barnstable and Dukes County, on the fourth Tuesday next after the fourth Tuesday of September; at Cambridge, in and for the County of Middlesex, on the fifth Tuesday, next after the fourth Tuesday of September; at Salem, in and for the County of Essex, on the Sixth Tuesday next after the fourth Tuesday of September; at York, in and for the County of York, on the third Tuesday of May; at Portland, in and for the County of Cumberland, on the fourth Tuesday of May; at Augusta, in and for the County of Kennebeck, on the first Tuesday, next after the fourth Tuesday of May; at Wiscasset, in and for the County of Lincoln, on the second Tuesday, next after the fourth Tuesday of May; at Castine, in the County of Hancock, for the Counties of Hancock and Washington, on the third Tuesday next after the fourth Tuesday of May; by all the Justices of the said Supreme Judicial Court; but any three or more of said Justices may constitute a quorum for holding the said Court, and discharging all the duties thereof at any of the times and places aforesaid. SEC. 3. Be it further enacted, That from & after the passing of this Act, the Supreme Judicial Court shall be holden annually at Boston, in the County of Suffolk, for the Counties of Suffolk and Nantucket, on the fourth Tuesday of November; at Dedham, in and for the County of Norfolk, on the first Tuesday of March; at Concord, in and for the County of Middlesex, on the second Tuesday of April; at Ipswich, in and for the County of Essex, on the fourth Tuesday of April; at Worcester, in and for the County of Worcester, on the third Teusday of April; at Northampton, in and for the County of Hampshire, on the fourth Tuesday of April; at Lenox, in for the County of Berkshire, on the first Tuesday next after the fourth Tuesday of April; at Plymouth, in & for the County of Plymouth, on the third Tuesday of May; at Wiscasset, in and for the County of Lincoln, on the third Tuesday of September; at Augusta, in and for the County of Kennebeck, on the second Tuesday next after the third Tuesday of September; at Portland, in and for the County of Cumberland, on the fourth Tuesday, next after the third Tuesday of September; at Alfred, in and for the County of York, on the sixth Tuesday next after the third Tuesday of September, by Terms to be holden by one or more Justices. Business transferred to the new terms. Exceptions may be alleged and tain cases. any One or more of the Justices of said Court. Provided nevertheless, that the Tuesday on which any of the said Courts are respectively to be holden as aforesaid, may, in all judicial proceedings, from time to time, be expressed and designated by such Tuesday of the month, as will be the Tuesday on which any Court is to be holden pursuant to the foregoing arrangements. SEC. 4. Be it further enacted, That all Writs, recognizances, Warrants, Complaints, and every other matter and thing, that should, after the passing of this Act, be returned to, or entered at the Supreme Judicial Court, at the times & places heretofore appointed, and all parties and persons, that may be required or directed to appear and attend after that time, at the aforesaid times & places, and all actions, matters, and suits, that may be pending in the same Court, on the day of passing this Act, shall be returned to, entered, appear, and attend, have day, be tried, and determined in said Court, at the respective times and places established by this Act, pursuant to the true intent and meaning thereof. SEC. 5. Be it further enacted, That whenever the said allowed in cer- Court shall be holden by any one of the Justices thereof, it shall be lawful for any party, thinking himself aggrieved by any opinion, direction, or judgment of the said Justice, in any Action or process, of a Civil or Criminal nature, to alledge exceptions to the same, at the term of said Court when such opinion, direction or judgment shall be given or pronounced; and such exceptions being reduced to Writing, in a Summary mode and presented to the Court, before the adjournment thereof without day, and found conformable to the truth of the Case, shall be allowed & signed by the Justice holding said Court; and thereupon all such action or process, in or upon which judgment shall not have been rendered, at the time of allowing such exceptions, shall be continued to the next term of the said Court, to be holden in the same County pursuant to the second Section of this Act, subject to the provisions hereinafter contained; and such Action or process, wherein exceptions shall be alledged to the final judgment of the Court thereon, shall likewise be continued in the same manner and execution thereon shall be stayed, but without prejudice to any attachment made on the original Writ in any civil Action. Provided however, that no trial by Jury shall be delayed or prevented, by the making or filing of exceptions to the opinion or |