"

taken, copy to

fame, fhall leave with the Perfon whose Estate is fo attached, or
at the Place of his ufual Abode, if within this State, a true and at-
tefted Copy of the Writ, and of his Return, defcribing the Estate
by him attached, thereon. And when any real Estate is taken,
the Officer ferving the Writ, fhall leave a true and attefted Copy
thereof, and a Description of the Estate taken, at the Town If real estateis
Clerk's Office, in the Town where the Eftate lies; and until the be left with
Service is fo compleated, the Eftate fo attached, fhall not be held the town clerk
by fuch Attachment, againft any other Creditor or bona fide Pur-
chafer, unless fuch Copy is left in Service, within feven Days
next after attaching the Eftate, and before the Time limitted by
Law for the Service of fuch Writ is expired.

held, unless,

2. And be it further enacted, That no Eftate attached as aforefaid, fhall be held to refpond the Judgment obtained by the Estate attachPlaintiff at whofe Suit the fame is attached, either against the ed, not to be Debtor, or any other Creditor, unlefs fuch Judgment Creditor &c. within take out Execution on fuch Judgment, and have the fame levied four months. on Goods or perfonal Eftate, within fixty Days after final Judgment, or on real Estate, and the fame have appraised and recorded within four Months after fuch Judgment obtained: or if said Goods or Eftate are incumbered by any prior Attachment, the Execution be levied as aforefaid within the refpective Times aforefaid, after fuch Incumbrance is removed.

be held.

3. And that when the Bodyof any Perfon is attached, and for Execution to want of Bail is committed to Prifon, the Perfon fo committed be levied withfhall not be holden in Prison by Virtue of fuch Attachment, for a in five days, or longer, time than five Days after the rifing of the Court in which prifoner not to final Judgment in fuch Cafe fhall be rendered: And in Cafe no Execution fhall be taken out upon fuch Judgment, and levied upon the Person of fuch imprisoned Debtor, within five Days as aforefaid, the Keeper of the Goal, upon his Fees being paid, may not hold fuch Prifoner any longer by Virtue of said Commitment; any Law, Ufage or Cuftom to the contrary notwithstanding.

An Act for the Appointment and regulating of Attor

nies.

For the well-ordering of Proceedings and Pleas at the Bar:
E it enacted by the Governor and Council, and Houfe of

PAR. 1.
County Courts in the refpective Counties in this State, fhall ap- courts to ap
point, and they are hereby impowered to approve of, nominate point attornies
and appoint Attornies in their refpc&tive Counties, as there fhall in their respec
be occafion, to plead at the Bar: Which Attornies fhall, before tive counties.
fuch Court, take the Oath by Law provided for Attornies: The
Adminiftration and taking of which Oath, together with the faid
Appointment, fhall be registered by the Clerk of the faid Court and
be a fufficient Evidence of his Admiffion as an Attorney at the Bar.
2. And that no Perfon (except in his own Cafe) fhall be admit- No perfons
ted to make any Plea at the Bar in any Court, but fuch as are al- plead at t
lowed and qualified Attornies, aforefaid,

B Reprefentatives, in General Court affembled, That the The county

bar, excep

36

Tranfgreffors of the rules fined.

When two at

tornies are to be allowed.

Their fees as

Auditors.

3. And whofoever fhall tranfgrefs the Rules of Pleading, appointed by any Court, fhall be liable to fuffer fuch Fine for every fuch Offence, as the faid Court fhall impofe; not exceeding the Sum of Eighty-four Cents.

4. And that in all Actions wherein the Title of Land is not concerned, and the Demand is not above Thirty-four Dollars, there shall be allowed but one Attorney on a Side, to plead at the Bar: But in all other Cafes there fhall be allowed to each Party twe Attornies to plead at the Bar; and no more.

5. And the Fees of such Attornies shall be as flated in the Table of Fees: And the Party that fhall recover Judgment, fhall in the table of have his Attorney's Fees according to the above Regulation, allowed as Part of Coft of Trial.

fees.

State attorney appointed in each county.

The courts

power to difplace attornies, &c.

Actions of account how procended with.

Defendant's tefufal to ap

whole de

6. And be it further enacted, That in each County in this State, there fhall be one State Attorney, who fhall profecute, manage and plead in the County where fuch Attorney is appointed, in all Matters proper for, and in behalf of the State. Which Attornies fhall alfo be appointed by the refpective County Courts.

7. And that the feveral Attornies, who fhall be allowed and appointed as aforefaid, fhall from Time to Time, be under the Directions of the Courts before whom they plead; who upon juft Reason, shall and may difplace, and wholly fufpend any of faid Attornies, or fine them, as is before in this Act provided.

An Act relating to Auditors and Actions of Account PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That when any Defendant in any Action of Account, depending in any Superior or County Court in this State, fhall plead in his Defence any Plea (which being true he ought not to account,) it fhall be tried by a Jury, if either Party defire it: And in Cafe the Iffue be found against the Defendant by the Jury or otherwise, the Court fhall enter Judgment against him that he shall account: And thereupon fhall appoint three able, judicious and difinterested Men, Auditors in fuch Cafe; who fhall be fworn to hear, examine and adjust the Account or Accounts: And the Auditors appointed as aforefaid, are hereby authorized and impowered to appoint Time and Place for the hearing and adjusting the Accounts aforefaid.

2. And upon the Defendant's Refufal (due Notice being given. him of the Time and Place appointed) to attend upon them and produce his Accounts, the Auditors fhall award to the Plaintiff pear, plaintiff the Whole of his Demand; and upon the Parties producing to to recover his them their Accounts, the Auditors fhall have Power to adminifter an Oath unto them to answer to fuch Interrogatories as they fhall think proper, refpecting their Accounts: And upon either of the Parties Refufal to take fuch Oath, or to answer directly to fuch Interrogatories, it shall be in the Power of the Auditors to commit the Party fo refusing to Gaol; there to remain at his own Charge, until he will account or answer as aforefaid.

mand,

Auditing the Public Accounts.

37

3. And when the Auditors have adjusted the Accounts, or a- On return_of warded as aforefaid, and returned the fame to the Court, (either auditors, final at the fame Seffion or the next) that final Judgment fhall be made judgment to be given. up for the Recovery of the Sum awarded and the Cofts, together with such reasonable Cofts for the Service of the Auditors, as the Court fhall award; which fhall be by the Party in whofe Favour the Cause is determined, then paid down to the Auditors; and fhall be allowed him in his Bill of Cofts.

4. And be it further enadled, That in all Actions brought on Book Accounts, if the Account be alledged to be above Seventeen Like remedy Dollars, the like Method may be taken in appointing Auditors in actions on book, if afor the Adjustment of the Accounts between the Parties; and bove 17 dol. whofoever fhall be awarded by them to be in Arrears, the Court fhall enter up Judgment for the fame, with additional Costs as' aforefaid.

5. And be it further enacted, That Executors who are also refiduary Legatees, when all or any Part of their Legacies are with- Action of acholden from them by their Co-executors, may bring their Action count between of Account against their Co-executors for the Recovery thereof; executors, &c. And the like Action is alfo hereby allowed to refiduary Legatees

against Executors.

Alfo,

6. That when two or more Perfons have and hold any Eftate or Intereft, in Common, as Joint-Tenants, Tenants in Common, er Co-partners, and one or more of the Owners of fuch CommonIntereft, fhall take, receive, ufe, or take Benefit of, fuch Common Intereft in greater Proportion than his or their Intereft in Between joint the principal Eftate, fuch Owner or Owners, his or their Execu- tenants, &e. tors and Adminiftrators, fhall be liable to render his or their reafonable Account, for fuch his or their taking, ufe and profit of fuch Common-Intereft and Eftate, to his or their Fellow-Commoner or Commoners, jointly or feverally; and that fuch their Fellow-Commoner or Commoners, or any or either of them, their Executors or Adminiftrators, may and are hereby enabled to have his or their Action of Account again ft fuch Receiver or Receiv, ers, or either of them, as their Bailiffs for receiving more than their Part or Proportion as aforefaid.

7. And no Appeal fhall be allowed from any Judgment given No appeal. ●n an Award of Auditors.

An Act for regulating and auditing the public Ac

counts.

FOR preventing Inconveniencies in the public Accounts, and that no Arrears in the State's Accounts be standing out after the Year be expired.

PAR. 1.

E it enacted by the Governor and Council, and Houfe B of Reprefentatives, in General Court affembled, That Auditors to be meet Perfons fhall by this Court be appointed annually in May, pointed in Ocannually apto make and audit the State's Accounts with the Treasurer; which Accounts fhall be Audited and perfected before the fitting

up

tober, &c.

38

Treasurer's duty.

Bail.

of the General Court in October yearly. And all fuch Perfons as fhall be appointed to audit faid Accounts, fhall before their entering upon that Service, take the Oath provided by Law for fuch Auditors.

2. And the Treasurer is hereby obliged to make himíelf Debtor for the feveral Sums due from every of the Towns in this State, and alfo for all Fines belonging to the State Treasury; and fo for the whole Rate or Sum Total arifing, by bringing the feveral particular Sums into one intire Sum; and to bring in Credit (according to Law) until he fhall confummate and perfect the State's Account as aforefaid,

3. And this the faid Treasurer fhall do annually, on the PenalPenalty on ty of Sixty-feven Dollars, to be forfeited to this State, for every the treasurer. Month after the Month of September annually, that he shall neglect to make up and perfect the faid Accounts, and pay according to the Order of this Court, fuch Sum or Sums as remain due.

County treafurer's duty.

Secretary to fettle his accounts annu

ally with the treafurer.

Bail how and when taken.

4. And the Treasurer of each refpective County in this State, fhall annually make himfelf Debtor for all Fines and other Monies belonging to the County whereof he is Treafurer, and alfo make a fair Account of his Payments, how he hath difpofed of them. And the Accounts of each County Treasurer fhall be annually audited and perfected by the Judge and Juftices of the County Courts refpectively, and their respective Treasurers.

5. And be it further enacted, That the Secretary of this State, and the Clerk of the Superior Court, fhall annually render an Account to the Treasurer of this State, of all the Fines and Forfeitures due to the public Treafury, appearing by the Records in their respective Offices, that the fame may be collected and paid into the Treafury, for the Ufe of the State; and fhall in like Manner render an Account to the Treasurer, of all Fees by them refpectively received for the Ufe of the State, and pay into the Treafury what fhall be due thereon: And they fhall likewife feafonably tranfmit a Copy of their faid Accounts annually, to the Auditors appointed to audit the Treasurer's Accounts: And the Secretary fhall alfo tranfinit to faid Auditors an Account of all the Treafurer's Receipts for Money paid into the Treasury, that fhall be lodged with him.

An Act concerning Bail, in civil and criminal Cafes.

B

E it enacted by the Governor and Council, and Houfe PAR. 1. of Reprefentatives, in General Court affembled, That it fhall be the Duty of every Sheriff, Deputy-Sheriff and Conftable in this State, to take fufficient Bail when offered by any Perfon by them arrefted or held in Cuftody on mean Process, in any Civil Action, which Bail fhall be one or more fubftantial Inhabitants of this State, of fufficient Ability to refpond the Judgment that may be recovered in the Cafe, who fhall become bound to the faid Officer in a fufficient Sum, conditioned for the Appearance of the Perfon lo arrested, before the Court to which fuch Writ is

made returnable; and the Perfon arrested shall be thereupon liberated from fuch Arrest.

2. That no Defendant whofe Perfon has been attached and let

to Bail as aforefaid, fhall be admitted to appear and plead or de- Not to plead without fpefend in fuch Action, until he hath in Court, given fpecial Bail, cial bail. with fufficient Sureties as aforefaid, for his abiding the final Judgment that fhall be given in the Cause; if the Plaintiff require the fame.

&c.

3. That in either of the Cafes aforefaid, every fuch Surety or Sureties fhall be obliged to fatisfy the Judgment in Cafe of the When the f Principal's Avoidance, and a Return of Non eft Inventus on the rety is liable, Execution; unless fuch Surety, at or before the Time of entering up final Judgment, do bring the Principal into Court, and move to be difcharged; upon which the Court fhall order the Keeper of the Gaol to receive him into Custody, that his Body may be taken on the Execution.

4. And the Party for whom the Judgment is given, may have

a Writ of Scire Facias out of the Court, against fuch Surety or Scire Facias Sureties; and in Cafe no juft Caufe is fhewn to the contrary, the against the fus Judgment rendered against such Principal shall be affirmed against rety. fuch Surety or Sureties, with additional Coft of Suit, and Execu→

tion be granted accordingly.

Always provided, That fuch Writ of Scire Facias or other Procefs on the Bond, be taken out and ferved upon the Surety or Sureties, within twelve months after the faid final Judgment, and not afterwards.

Provife.

5. And every Surety of whom fuch Recovery is made, may Surety's acti bring his Action for the Recovery of Damages against the princi- on against the pal Debtor.

debtor.

6. And no Recovery fhall be had against the Officer who ferOfficer liable ved the Attachment or took the Bail, unlefs he fhall have taken for infufficient infufficient Bail, or fhall refuse to let the Plaintiff have the Bail bail, &c. Bond, that he may have Remedy thereon agreeable to this A&t.

7. And in Cafe of Bond given for the Profecution of any A&tion or Appeal, the Surety or Sureties fhall be liable to fatisfy the Coft that thall be recovered against the Principal, if Satisfaction

cannot be had out of the Eftate of the Principal; which may be Scire Facias, recovered on Scire Facias, as aforefaid, or Action on the Bond. And no Security given to profecute an Appeal, fhall exonerate the fpecial Bail in the Cafe.

An A& concerning Ballast.

PAR. 1. Brefentatives, in General Court affembled, That no Ballaft notte E by Governor and Council, and Houfe of

Ballast shall be taken from any common Shore in any Town with- be taken, &c, in this State, by any Perfon whatsoever (except the fame be his without per miffion, own Property) without Permiffion under the Hands of two of the Select-men of fuch Town, upon Penalty of forfeiting Three Dollars and Thirty-four Gents, for every Ton fo taken,