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SECTION

100. Registers to make annual returns to secre-
tary of number of instruments recorded,
amount of fees received, &c.

101. Form of such returns.

102. Abstract of returns to be laid before legis-
lature.

SECTION

103. Copies of indexes to be made annually, in which surnames shall be assorted into distinct alphabetical lists, &c.

104. Copies of indexes or new indexes may be made, and may be printed for sale, &c.

Boundaries,
&c., of counties.
Mass. Records,

1643, vol. 2, p. 38. 2, p. 52. Plym.

1662, vol. 4, part

COUNTIES.

SECTION 1. The boundaries, rights, duties, powers, privileges, and immunities, of the several counties, shall remain as now established. Each county shall continue a body politic and corporate for the following purposes: to sue and be sued, to purchase and hold for the use of the county personal estate and lands lying within its own limits, and to 2. 1695, 8. 1731, make necessary contracts and do necessary acts in relation to the property and concerns of the county.

Records, 1685.
Statutes, 1693,

13. 1761, 4.

1793, 43. 1803,

14. 1811, 61.
1812, 87. R. S.
14, §§ 1, 4, 5.
See Ch. 1, § 1.
Former convey-
ances to coun-
ties, confirmed.
R. S. 14, § 6.

In Suffolk county property to belong to Bos

ton.

R. S. 14, § 7.
1852, 53.
1857, 18.

How county

lands may be sold.

R. S. 14, § 8.

Counties to pro-
vide public buil-
dings, except,
&c.

R. S. 14, § 9.

In Suffolk, to

SECT. 2. Real and personal estate heretofore conveyed by any form of conveyance to the inhabitants of a county, to the county treasurer, or to a committee, or other persons, for the use and benefit of a county, shall be deemed to be the property of such county; and such conveyances shall have the same force and effect as if made to such counties by their respective corporate names.

SECT. 3. In the county of Suffolk, the real and personal estate which on or before the twenty-third day of June in the year one thousand eight hundred and thirty-one belonged, or was deemed and taken to belong, to said county, shall belong to and be vested in the city of Boston; and the city of Chelsea, and towns of North Chelsea and Winthrop, shall have no right, title, or interest, therein.

SECT. 4. The county commissioners, or other public officers having the charge and management of the county lands, may by their order of record appoint agents to sell any real estate of their county; and deeds made on behalf of the inhabitants of the county by such agents, under their proper hands and seals, and duly acknowledged by them, shall be sufficient to convey the right, title, interest, and estate, which the county then has to the lands so conveyed.

SECT. 5. Each county except Suffolk shall provide suitable court houses, jails, houses of correction, fire-proof offices, and other necessary public buildings for the use of the county; except that the county of Dukes County need not provide a house of correction.

SECT. 6. In the county of Suffolk, the court houses, jails, house of be provided by correction, fire-proof offices, and other necessary public buildings, for the use of the county, shall be provided by the city of Boston, and said city shall pay

R. S. 7, § 26.

R.S.14, §§ 10,34. 1851, 448, § 36. County maps. 1846, 241, § 2. 1853, 325, § 1.

Same subject. 1846, 241, § 3. 1853, 325, § 2.

Counties of Suffolk and Middlesex to have

all county charges.

SECT. 7. Changes in the boundaries of cities and towns, the courses of roads, railroads, and canals, and other topographical alterations in each county, shall be correctly and fairly delineated on the county maps in the possession of the county commissioners, who shall retain said maps, and from time to time cause such delineations to be made

thereon.

SECT. 8. The secretary of the commonwealth shall, as often as necessary, transmit the manuscript county maps in his office to the respective county commissioners, who shall cause to be transferred thereto, by a competent engineer or surveyor under their direction, all alterations and corrections mentioned in the preceding section, and shall within two months after receiving the same return such maps to the office of the secretary, who shall immediately cause the alterations to be delineated on the plates of the state map.

SECT. 9. The jurisdiction of the counties of Suffolk and Middlesex shall be in common in and upon the waters of Charles River; that is to common juris- say, all that space which lies within the banks of the river so far as the

Charles River.

same runs between said counties. All offences committed within the diction on banks of the river, as above described, may be heard, tried, and pun- R. S. 14, § 2, 3. ished, in that county in which legal process against the offender is first issued, in like manner as if such offence had been committed in such county; and civil process from either county may run into and be executed within the common jurisdiction.

have concurrent

with courts of

SECT. 10. The courts in the county of Suffolk, concurrently with the Courts in Sufcourts of the several other counties in which parts of the territory here- folk county to inafter described are situated, shall have jurisdiction of all crimes, jurisdiction offences, and misdemeanors, committed on the islands or waters in Bos- other counties. ton harbor which lie westerly of a line drawn from Point Alderton to 1858, 135. the easternmost point of the Outer Brewster Island, and from thence to Short Beach, at the line dividing the towns of North Chelsea and Winthrop, as if said islands and waters were within the limits of the county of Suffolk.

COUNTY COMMISSIONERS.

a

County com-
missioners to be
sworn, &c.
R. S. 14, §§ 24,

25.

1854, 77, § 4.
Proceedings, if
ested.
R., 14, § 286.
Met. 185.
13 Gray, 12.

either is inter

1837, 151.

7 Cush. 395.

SECT. 11. County commissioners before entering upon their duties shall be sworn, and at their first meeting after the annual election in each year, shall choose a chairman of their board by ballot. SECT. 12. If either of the county commissioners is interested in question before the board, or if any part of a road upon which they are to act lies within the city or town in which either of them resides, or if either of them is unable to attend, or if there is a vacancy in the board, the other member or members shall give notice to one or both of the 2 special commissioners, as the case may require, who shall forthwith proceed to act as a member of the board. If a board cannot be organized in conformity with these provisions, then such residence in the city or town in which the road lies, shall be no disqualification. SECT. 13. No business in which opposing parties appear, shall be finally determined, except by consent, unless there are three disinterested commissioners present and acting thereon; but the provisions of this and the preceding section, except so much thereof as relates to proceedings in case of a vacancy, shall not extend to the county of Dukes County. SECT. 14. The commissioners when assembled for the performance Commissioners of their duties, may administer oaths to witnesses, and punish disorderly may punish for conduct causing an interruption to the business of their meeting, or R. S. 84, § 2. amounting to an open and direct contempt of their authority or persons, by fine not exceeding five dollars, or by confinement in the custody of the sheriff, or a deputy-sheriff, coroner, or constable, for a time not exceeding twelve hours.

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opposing par

ties appear, three commis

sioners to act.

R. S. 14, § 27.

1837, 151.

3 Cush. 1.

contempt.

1856, 53.

SECT. 15. Sheriffs, deputy-sheriffs, coroners, and constables, shall Sheriffs, &c., to serve and execute all legal warrants and processes to them directed the commissioners.

by

execute processes.

R. S. 84, § 3.

Commission

powers of.

SECT. 16. The commissioners shall have authority: First, to provide for the erecting and repairing of court houses, jails, ers, general and other necessary public buildings, within and for the use of the county.

Second, to represent their county, and to have the care of the county property, and the management of the business and concerns of the county, in all cases which are not otherwise specially provided for.

Third, to do such other acts as may be necessary to carry into effect the powers given them by law.

SECT. 17. They shall examine and allow the annual accounts of the county treasurers, and allow and settle all accounts of the receipts and expenditures of the county.

SECT. 18. They shall annually prepare and make up to the last day

of each year, the estimates of taxes for all county charges and debts for

E. S. 14, § 31.

to examine

treasurers' ac

counts, &c.
R. S. 14, §§ 31,

35.

to make estimates annually.

32, 35. 1836, 137.

R. S. 14, §§ 31, the year then next ensuing; including the building and repairing of court houses, jails, houses of correction, and other county buildings, with their appurtenances. The estimates so made up and approved by them, shall be recorded by their clerk in a book kept for that purpose; and a fair copy thereof, with a statement of the amount of borrowed money due from the county, and the amount of taxes due and unpaid, at the time of making said estimates, signed by the presiding commissioner and attested by their clerk, shall, with the treasurer's accounts, be sealed up and transmitted by the clerk to the office of the secretary of the commonwealth on or before the first day of February next after making up the same, to be laid before the legislature for examination and allowance.

Penalties. 1847, 199.

Commissioners and treasurer to

SECT. 19. Any county commissioner, clerk, or other officer, who neglects to perform a duty required of him by the two preceding sections, shall forfeit fifty dollars.

SECT. 20. The county treasurer and commissioners of each county publish county except Suffolk shall at the close of each year publish in one or more receipts and ex- newspapers, not exceeding three, printed in the same or an adjoining penditures. R. S. 14, § 36. county, an account of the receipts and expenditures of their county, 1853, 310, § 1. arranged under distinct heads, and a specific statement of the debts of the county, the purposes for which they were contracted, and the time when they become due.

Commissioners to apportion county taxes.

SECT. 21. The commissioners shall apportion all county taxes according to the then last state valuation, and shall by their clerk certify R. S. 14, §§ 31, to the assessors of the several cities and towns their respective portions thereof.

33.

County debts.

1853, 310, § 2.

1854, 238. 1859, 231.

Contracts above

$300 to be made
in writing after
proposals is-
sued, &c.
1851, 206.

In what cases recognizances shall be required of parties who apply for damages, &c. 1836, 278, § 1. 1847, 259, § 2. 1857, 213, § 4.

SECT. 22. The commissioners may renew the whole or any part of the county debts, negotiate loans in anticipation of and to be paid from the annual tax when collected, and contract new debts not exceeding in any one year or for any one object, thirty dollars for each one thousand inhabitants of the county.

SECT. 23. All contracts to be made by the commissioners for public works, shall, if exceeding three hundred dollars in amount, be made in writing, after notice for proposals therefor has been issued and published at least three times in some newspaper published in the county, city, or town interested therein.

SECT. 24. When a person or corporation applies to the commissioners to estimate or assess damages sustained by reason of property taken or intended to be taken for the purposes of a railroad or other corpora tion, or to perform any other official act in relation to matters in which the county has no interest, the commissioners, before proceeding to act, shall require the party to enter into a recognizance to the county, with See Ch. 43, § 48. sureties to their satisfaction, for the payment of all costs and expenses

When damages assessed, costs,

ed.

which shall arise by reason of such application and the proceedings
thereon; and the same remedy shall be had to enforce the payment
thereof, as is provided in the case of recognizances entered into under
the provisions of chapter forty-three.

SECT. 25. The commissioners, when application is made by a party &c., to be add-" whose property has been or is intended to be taken by a railroad or other corporation, shall, if they assess damage, add thereto the amount of costs and expenses incurred by reason of the application and the proceedings of the commissioners thereon.

1836, 278, § 2.

Proceedings at
other times
than regular
meetings.
1839, 76, § 2.
1846, 271.

1847, 259, § 1.

SECT. 26. The commissioners or the chairman of the board may, at other times than at regular meetings, receive petitions relating to railroads or to matters in which the county has no interest, and take recognizances thereon, and upon such petitions, and similar petitions entered at a regular meeting and pending before them, may appoint times for hearing the parties, and acting thereon, and direct proper notices to be given to persons interested.

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to be returned

SECT. 27. The commissioners and chairman shall make return of Petitions, &c., such petitions and recognizances, with their proceedings, at any regular to regular or meeting, or special meeting held for that purpose; their clerk shall enter special meeting, &c. the same of record, and such further proceedings shall be had thereon 1830, 76, § 3. as the case shall require. The costs of such special meetings shall be 1846, 271. paid by such of the parties as the commissioners decide. SECT. 28. The commissioners shall annually, before November, Commissioners furnish to the several clerks of the cities and towns, blank forms and to furnish envelopes for returns of votes for commissioners, county treasurer, and register of deeds, with such printed directions on the envelopes as they shall deem necessary for the guidance and direction of such officers in making the returns according to law.

1847, 259, § 1.

blanks, &c.

1841, 126.

1857, 295, § 1.

of.

SECT. 29. The commissioners and special commissioners of each compensation county shall receive from the county treasury, in equal semi-annual 1859, 163, §§ 1. 2, payments, in January and July, in full payment for all their services 3. and travel in their respective counties, and to be divided among them

in proportion to the number of days and amount of travel actually
performed by them respectively, annual salaries as follows:-
For the county of Barnstable, eight hundred dollars:
For the county of Berkshire, twelve hundred dollars:
For the county of Bristol, eleven hundred dollars:
For the county of Dukes County, two hundred dollars:
For the county of Essex, twenty-five hundred dollars:
For the county of Franklin, nine hundred dollars:
For the county of Hampden, fourteen hundred dollars:
For the county of Hampshire, nine hundred dollars:
For the county of Middlesex, three thousand dollars:
For the county of Norfolk, eighteen hundred dollars:
For the county of Plymouth, fifteen hundred dollars:
For the county of Worcester, twenty-two hundred dollars.

tition is disal

SECT. 30. When a petition to the commissioners is disallowed, and Costs when pecosts are chargeable to the petitioner, there shall be taxed for each com- lowed. missioner at the rate of three dollars a day for time, and five cents a 1859, 163, § 4. mile for travel to and from the place of meeting, to be paid into the county treasury.

SECT. 31. The commissioners shall hold meetings in their respective Times and counties at the following times and places:ings.

places for meet

In the county of Essex, at Ipswich, on the second Tuesday of April; Essex. at Salem, on the second Tuesday of July; at Newburyport, on the 1851, 227. second Tuesday of October; and at Lawrence, on the last Tuesday of Angust; and on the fourth Tuesday of December, at Ipswich, Salem, or Newburyport, as they shall order at their next preceding term.

R. S. 84, § 6.

In the county of Middlesex, at Cambridge, on the first Tuesday 'of Middlesex, January; at Concord, on the first Tuesday of June; and at Lowell, on the first Tuesday of September.

In the county of Worcester, at Worcester, on the fourth Tuesday of March, the third Tuesday of June, the second Tuesday of September, and the fourth Tuesday of December.

142, 1.

1857, 36.

Worcester.

R. S. 84, § 6.

Hampshire.

R. S. 84, § 6.

In the county of Hampshire, at Northampton, on the first Tuesdays of March, September, and December, and on the Tuesday next after 1846, 221. the second Monday of June.

R. S. 84, § 6.

In the county of Franklin, at Greenfield, on the first Tuesdays of Franklin. March and September, and the second Tuesdays of June and December.

In the county of Hampden, at Springfield, on the second Tuesday of Hampden. April, the first Tuesday of October, and the fourth Tuesdays of June R. S. 84, § 6.

and December.

In the county of Berkshire, at Lenox, on the first Tuesdays of January, April, July, and September.

Berkshire. 1837, 146. 1840, 77.

Norfolk.

R. S. 84, § 6. 1837, 200.

Plymouth.
R. S. 84, § 6,

Bristol.
R. S. 84, § 6.

Barnstable.
R. S. 84, § 6. ì

Dukes County.
R. S. 84, § 6.

Powers of commissioners, and county expenses in Nantucket.

R. S. 14, § 30. 1838, 71, § 1.

in Suffolk. R. S. 14, § 29. 1854, 448, § 33.

In Chelsea,

and Winthrop, commissioners

of Middlesex to act.

1851, 336.

In the county of Norfolk, at Dedham, on the third Tuesday of April, the fourth Tuesdays of June and September, and the last Wednesday

of December.

In the county of Plymouth, at Plymouth, on the first Tuesday of January, the third Tuesday of March, and the first Tuesday of August. In the county of Bristol, at Taunton, on the fourth Tuesdays of March and September.

In the county of Barnstable, at Barnstable, on the second Tuesdays of April and October.

In the county of Dukes County, at Edgartown, on the Wednesday next after the third Monday of May, and the Wednesday next after the second Monday of November.

SECT. 32. In the county of Nantucket, the selectmen of the town of Nantucket shall have like powers and perform like duties, as are exercised and performed by the commissioners of other counties; and said town may raise such sums of money as may be necessary for defraying the expenses of the county of Nantucket.

SECT. 33. In the county of Suffolk, the aldermen of the city of Boston shall have like powers and perform like duties within said city, as are exercised and performed by the county commissioners of other counties, except such as relate to trials by jury, and the recovery of damages on such trials, in laying out, altering, or discontinuing, highways or town ways.

SECT. 34. In the county of Suffolk, the county commissioners for North Chelsea, the county of Middlesex shall have jurisdiction within the city of Chelsea and the towns of North Chelsea and Winthrop, and shall exercise and perform therein all the powers and duties relating to highways and R. S. 84, §§ 4, 7. to all other matters which in their own county are committed to their control and direction, except as is otherwise provided by law; and when performing duties which relate to said places, they shall be paid therefor by said places, or either of them, in such proportions as the commissioners may direct, at the rate of three dollars a day, and five cents a mile, travel, for each commissioner attending in the case.

1852, 163.

1857, 14, 18. 1859, 163.

To whom powers and duties

of commissioners appertain. R. S. 14, § 37. 1847, 199.

SECT. 35. All the provisions of law concerning the powers, duties, and liabilities, of county commissioners and their clerks, shall, except where otherwise specially provided, be construed to include and apply to all other public officers who by law exercise the powers of such commissioners or clerks in the respective counties.

County treasu

rer to be sworn

COUNTY TREASURERS.

SECT. 36. The treasurer shall be sworn by the county commissioners and give bond. Or any one of them, and shall give bond to the county, with sufficient sureties and in such penal sum as the commissioners direct, for the faithful discharge of the duties of his office.

R. S. 14, § 45.

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SECT. 37. The treasurer shall be furnished by the county with an office in the court house or other county building; and receive in quarterly payments from the treasury an annual salary, in full for all services by him performed, as follows:

For the county of Barnstable, five hundred dollars:
For the county of Berkshire, eight hundred dollars:
For the county of Bristol, eleven hundred dollars:
For the county of Dukes County, one hundred dollars:
For the county of Essex, fifteen hundred dollars:
For the county of Franklin, six hundred dollars:
For the county of Hampden, eight hundred dollars:
For the county of Hampshire, six hundred dollars:
For the county of Middlesex, two thousand dollars:
For the county of Norfolk, eleven hundred dollars:

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