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courts to apo
nies in their
ors of the rules fined.
įmpowered to approve of, nominate and appoint Attornies in their respective The county Counties, as there shall be Occasion, to piead at the Bar: Which Ationes
point uttor. hall, before such Court, take the Oath by Law provided for Attornies: The Adininiftration and taking of which Oath, together with the laiu Appointment, respective ihall be registered by the Clerk of the said Court, and be a fuis,icni Evidence of counties. his Admission as an Attorney at the Bar.
And that no Person (except in his own Cafe) shall be admitted to make any Nopersons to Plea at the Bar in any Court, but such as are allowed and qualified cattornies, plead at the
bar, except as foresaid.
And whosoever fhall tranfgrefs the Rules of Pleading, appointed by any Court, shall be liable to suffer fuch Fine for every suchoffence, as the faid TranfereffCourt shall impole ; not exceeding the Sum of Five Shillings.
And that in all Actions wherein the Title of Land is not concerned, and the Denand is not above Ten Pounds, there thall be allowed but one Attorney on a Side, to plead at the Bar: But in all other Cases there shall be allowed to each attornies are
to be allow Party two Aitornies to plead at the Bar; and no more. And the Fees of such Atrornies, shall be as stated in the Table of Fees: And
'Their fees as the Party that shall recover Judgment, shall have his Attorney's Fees according
in the table to the above Regulation, allowed as part of Colt of Trial.
of tees. dnd it is further enacted by the Authority aforejaid, That in each County in this State, there shall be one State Attorney, wno thall profecute, manage and State attorplead in the County where such Attorney is appointed, in all Matiers proper ed in peach for, and in behalf of the State. Which Actornies shall also be appointed by the reipective County Courts.
And that the several Attornies, who hall be allowed and appointed as afore. The courts said, shall from Time to Time, be under the Directions of the Courts betore power to whom they plead ; who upon jut Reason, shall and may displace and wholly displace at
&. fufpend any of laid Attornies, or fine them, as is before in this Act provided:
An Act relating to Auditors and A&tions of Account.
Actions of if any Action of Account, depending in any Superior or County Court in how pro. this Siate, hall plead in his Defence any Plea (w.nich being true he ough not ceeded with, to account), it shall be cried by a Jury, it either Party desire it : And in case the Ifiue be found against the Detendant by the Jury or otherwile, the Court thall enter judgment against him that he shall account: And thereupon thall appoint three able, judicious and difintereited Men, Auditors in such Cale; who hall be sworn to hear, examine and adjust the Account or Accounts : And the Auditors appointed as aforesaid, are hereby authorized and impowered to appoint Time and Place for the hearing and adjutting the Accounts aforesaid.
And upon the Defendant's refusal (due Notice being given him of the Time and Place appointed) to attend upon them' and produce his Accounts, the Au- Defendant's ditors fhall award to the Plaintiff the whole of his Demand ; and upon the refusal to apParties producing to them their Accounts the Auditor's shall have power to ad pear, plain. minister an Oath unto them to answer to such Interrogatories as they shall think
er his whole proper, respecting their Accounts : And upon either of the Parties refusal to demand. take such Oath, or to answer directly to fuch Interrogatories, it shall be in the Power of the Auditors to commit the Party so refusing to Goai ; there to remain at his own Charge, untii he will account or antwer as aforesaid.
tiff to recov
Auditing the public Accounts.
And when the Auditors have adjusted the Accounts, or awarded as aforeOn return faid, and returned the same to the Court, (either at the fame Session or next) of auditors, that final Judgment shall be made up for the recovery of the Sum awarded and final Judg.
the Costs, cogether with such reasonable Costs for the Service of the Auditors, ment to be gi. as the Court ihali award ; which shall be by the Party in whose favour the Cause
is determined, then paid down to the Auditors ; and thall be allowed him in his Bill of Cofts.
And be ir further enacted, That in all Actions brought on Book Accounts, if Like remedy the Account be alledged to be above five Pounds, the like Method may be ta. inaltions on ken in appointing Auditors for the adjustment of the Accounts between the sl.
Parties ; and whosoever shall be awarded by them to be in Arrears, the Court fall enter up Judginent for the same, with additional Costs as aforesaid.
And be it further enaited by the Authority aforesaid, That executors who A&tions of ac- are also residuary Legarees, when all or any part of their Legacies are withcount between holden from them by their Co.executors may bring their Action of Account executors, &c.
against their Co-executors for the recovery thereof : And the like Action is also hereby allowed to refiduary Legatees against Executors.
That when two or more Persons have and hold any Estate or Interest, in Allo,
common, as Joint-Tenants, Tenants in Common, or Co-parceners, and one
or more of the Owners of such Common Interest, fall take, receive, use, or Between
take Benefit of, such Common interest in greater Proportion than his or joint-tenants
their Intereft in the principal Estate, such Owner or Owners, his or their Executors and Adminiftrators, shall be liable to render his or their realonable Account, for such his or their taking, use and profit of such Common Interest and Estate, to his or their Fellow-Commoner or Commoners, jointly or severally ; and that such their Fellow-Commoner or Commoners, or any or either of them, their Executors or Administrators, may and are hereby enabled to have his or their Action of Account against such Receiver or Receivers, or either of them, as their Bailiffs for receiving more than their Part or Proportion as a
foresaid. No appeal.
And no Appeal shall be allowed from any Judgment given on an Award of Auditors.
An Act for regulating and auditing the public Accounts. FOR preventing Inconveniences in the publick Accounts, and that no Arrears in
ibe State's Accounts be ftanding out after the Year be expired. Auditors to
E it enacted by the Governor, Council and Representatives in General Court be annually
afsembled, and by the Authority of the same, That meet Persons shall appointed in by this Court be appointed annually in May, to make up and audit the October, &c. State's Accounts with the Treasurer; which Accounts shall be audited and
perfected before the fitting of the General Court in October yearly. And all luch Persons as Thall be appointed to audit faid Accounts, shall before their entering upon that Service, take the Oath provided by Law for such Au
And the Treasurer is hereby obliged to make himself Debtor for the several duty.
Sums due from every of the Towns in this State, and also for all Fines belonging to the State Treasury; and so for the whole Rate or Sum Total ariling, by bringing the several particular Sums into one incire Sum ; and to bring in Credit (according to Law) until he shall consummate and perfect the State's Accounts as aforesaid.
And this the said Treasurer thall do annually, on the Penalty of twenty Pounds, to be forfeited to this State, for every Month after the Month of Sep Penalty or tember annually, that he shall neglect to make up and perfect the said Ac- the treasurcounts, and pay according to the order of this Court, such Sum or Sums as remain due.
And the Treasurer of each respective County in this Stare, shall annually make himself Debtor for all Fines and other Monies belonging to the County whereof he is Treasurer, and aifo make a fair Account of his Payments, how he County treabath disposed of them. And the Accounts of each County Treasurer shall be furer's duty. 200ually audited and perfected by the Judge and Justices of the County Courts respectivelv, and their respective Treafurers.
And be it further enafted by the Authority aforesaid, That the Secretarv of this state, and the Cierk of the Superior Court, Mall annually render an Account to the Treasurer of this State, of all the Fines and Forfeitures due to the public Treasury, appearing by the Records in their respective Secretary co Offices, that the same may be collected and paid into the Treafury, for
settle his acthe use of the State ; and shall in like Manner render an Account to the counts annuTreasurer, of all Fees by them respectively received for the use of the ally with the State, and pav into the Treasury what shall be due thereon : And they treasurer. thall likewise leatonably transmit a Copy of their faid Accounts annually, to the Audi ori appointed to audit the Treasurer's Accounts : And the Secretary fhal alloiranimit to faid Auditors an Account of all the Trealizrer's Receipts for Money paid into the Treasury, that shall be lodged with him.
An Act concerning Bail, in civil and criminal Cases.
assembled, and by the Authority of the same, that it shall be the Duty Bail how & of every Sheriff, Depucy-Sheriff and Constable in this Scate, to take futficieat when taken. Bail when offered by any person by them arrefted or held in Custody on mean Process, in any Civil Action, which Bail shall be one or more substantial Inhabitants of this state, of fufficient Ability to respond the Judgment that may be recovered in the Cafe, who shall become bound to the said Officer in a sufficient Sum, conditioned for the Appearance of the Person so arrested, before the Court to which such Writ is made returnable; and the Person arrested shall be thereupon liberated from such Arreft. That no Defendant whose Person has been attached and let to Bail as afore
Not to plead faid, shall be admitted to appear and plead or defend in such c&ion, until
without spehe bath in Court, given special Bail, with sufficient Sureties as aforesaid, for his cial bail. abiding the final judgment that shall be given in the Cause ; if the Plaintiff require the same. That in either of the Cases aforesaid, every such Surety or Sureties shall be
When the obliged to satisfy the Judgment in case of the Principal's Avoidance, and a return of Non eft Inventus on the Execution ; unless Auch Surety, at or before furety is lia
c. the Time of entering up final Judgment, do bring the Principal into Court, and move to be discharged ; upon which the Court fhall order the Keeper of the Goal to receive him into Cuftody, that his Body may be taken on the Execution.
And the Party for whom the Judgment is given, may have a Writ of Scire Facias out of the Court, againt such Surety or Sureties; and in case no juft Scire facias Cause is thewn to the contrary, the Judgment rendered against fuch Principal against the shall be afirmed against such Śürety or Suretics, with additional Coft of Suit, surety. and Execation be granted accordingly.
Ballast. Barberry-Bushes. Barrators.
Always provided, That such Writ of Scire Facias or other Process on the Provilo.
Bond, be taken oat and served upon the Surety or Sureties, within twelve
Months after the said final Judgment, and not afterward.
And every Surety of whom such Recovery is made, may bring his Adjon for
or took the Bail, unless he shall have taken insufficient Bail, or ihall refuse to Officer lia let the Piaintiff have the Bail Bond, that he may have Remedy thereon agreeble for insu- able to this Act. fficient bail, And in cale of Bond given for the prosecution of any Action of Appeal, the &c.
Surety or Sureties shall be liable to satisfy the Coll that shall be recovered against the Principal, if Satisfaction cannot be had out of the Estate of the Princ
cipal ; which may be recovered on Scire Facias, as aforesaid, or Adlion on the. Scire Facias Bond. And no Security given to protecute an Appeal, shall exonerate the fpe
cial Bail in the Case.
An Act concerning Ballast.
ajembled, and by tbe Authority of the same, That no Ballast shall be taken Ballast not
from any common Shore in any Town within this State, by any Perion whacto be taken, soever (except the same be his own Property) without Permission, under the &c. without Hands of two of the Select-men of such Town, epon Penalty of forfeiting permission. twenty Shillings for every Ton so taken.
And that no Person belonging to any Ship or other Veísel, thall cast out any Penalty for
Ballait into any Channel or other place, that will obitruct or incommode the cafting out
Navigation in any River or Harbour within this Staté, upon Penalty of forballast, &c.
feiting five l'ounds. Any two Alliftants or justices of the Peace thail have Power to hear and determine all Breaches of this AA. The Fines aforesaid Mhall belong to the Treasury of the Town where the Offence is committed.
An det for destroying Barberry-Bulhes.
E it enalted by the Governor, Council and Representatives, in General Court
assembled, and by the Authority of the fame, That any person or Persons bulhes how and when to
whatsoever, with advice and Consent of the Civil Authority and Select-men of be defroyed the Town where any Barberry-Bushes are or may be growing, may in the Months
of Marcb, April, October and November, enter into and upon any Lands whereon shall be growing any Barberry-Bushes, and dig up and destroy fuch Bushes, without being liable to any Action, Suit or Damage therefor; any Law, Usage or Custom to the contrary notwithstanding.
An Act against Barratry and common Barrators. E it enafted by the Governor, Council and Representatives, in General. Couri proved and adjudged a common Barrator, vexing others with unjuft, frequent and needless Suits, he shall pay a Fine of five Póunids into the public Treasury of this State, by order of the Court before whom he shall be convicted ; and be. fore the same Court he shall become bound, with one Surety, for his good Be. haviour (for one Year at least) ; or on Refusal, be committed to remain in Pris fon said Time, or 'till he procure Surety, as aforesaid,
And the Court before whom such vexatious Suit shall be brought, may, and is hereby impowered to reject such Suit, giving Cost to the adverse Party.
An Act concerning Bastards and Baftardy. BE
E it enacted by the Governor, Council and Representatives in General Court
assembled, and by the Authority of the primes That he who is accused by any Woman, to be the Father of a bästard Child, begotten of her Body, she He who is continuing constant in such Accusacion (being examined upon Oath, and put woman to he to the Discovery of the Truth in the Time of her Travail) ihall be adjudged the father of the reputed Father of such Child; notwithstanding his Denial thereof, and her bastard
child shall stand charged with the Maintenance thereof, with the alitance of the
(being Mother, as the County Court in that County in which such Child is born shall
under ath) Order; and give Security to perform such Order, and also to save the Town be to be char. or Place where foch Child is born free from Charge for irs Maintenance : And ged with the the said Court may commit to Prison fuch reputed Father, until he find Sureries nuaintain. for the fame : Unlets the Proofs, Evidences and Pleas made and produced on the Part and Behalf of the Man accused as aforesaid, and other Circumsances be such as the Court who have Cognizance of the fame hall see Realon to judge Unless, &c. him innocent, and acquit him thereof; in which Case they shall and may otherwise dispose of such child.
And every Affiftant or Justice of the Peace, (upon his discretion) may bind Affifiant or to the County Court, him that is charged with begecting !uch bailard Child : justice inay And if the Woman be not then delivered, the laid County Court inay order the Continuance or renewal of his Bond, that he may be forth coming when such Child is born.
And be it furlber enaited by the Authority aforesaid, that the Select Men of any Town interested in the Support of such ballard Child, (where fufficient Security thall not be offered, to save said Town from all Charge and Expence Seleft mi'n for the Support of such Child or Children,) and the Woman omits to bring for- to prolecite ward ber Suit to recover Maintenance, may bring forward a Suit in behalf of in cale, &c. such Town against him who shall be accused of begetting such Child ; and my also take up and pursue any Suit begun by the Mother of such Child, for Maintenance thereof, in Case she ihall fail to prosecure the saine to final Judgment.
An Act to prevent the taking and using Boats and Ca
noes, without Leave of the Owner. BE
É it erated by the Governor, Council and Representatives, in General Court
affembled, and by the Authority of the fame, That whoever fhall take and use any kind of Boat, or Canoe belonging to any other person, other than such as shall be taken up going a-drift, and loose from any Shore, or found when dri- Penalty for ven away and lost, without Liberty from the Owner or Owners thereof, shall
using hours, for every such Offence, forfeit and pay to the Owner or Owners thereof, the the Sum of fix shillings, over and above the Damages such Owner or Owners thail fustain by his or their Boat or Canoe being taken and used as aforesaid, to be recovered by an Action of Debt.
An Act for regulating the Asize of Bricks.
E it enated by the Governor, Council and Representatives, in General Court