CHAP. 135. SECT. 7. The county commissioners in each county, within one Commissioners year after every new census, and as much oftener, as a considerable change of population shall render it useful and expedient, shall county into jury divide such county into not less than four, nor more than twelve to divide the districts. 1821, 84, § 4. How divided, and numbered. 1821, 84, § 4. Copy of divis ion to be furnished to the clerk. 1821, 84, 6 4. the clerk shall issue venires. 1821, 84, § 4. districts. SECT. 8. Each district shall contain so many adjoining towns, as shall make the number of inhabitants in each division as nearly equal, according to the last census for the time being, as may be, without dividing a town; and such districts shall be designated numerically. SECT. 9. The commissioners shall cause a copy of such division to be delivered to the clerk of the courts in such county, as soon as may be after the division is made. SECT. 10. The clerk of the courts, in such county, shall issue Rule, by which venires in due form, directed to the constables of as many towns in one jury district, and for as many jurors as shall be, as near as may be, in proportion to the number of jurors, sent for in the other districts in the county, to serve at the same court; always collect ing the grand and traverse jurors, so far as shall be practical and convenient, as uniformly from all parts of the county, as the situa tion of towns, number of their inhabitants, and a practical rotation and equalization of the service of jurors will permit. Same subject. Grand jurors in the district When venires such. venires. No- to draw jurors. 1821, 84, § 5. SECT. 11. No more than two grand jurors and two traverse jurors shall be taken from the same town, to serve at the same court; unless from necessity, some extraordinary occasion, or to equalize their services upon the principles before mentioned. SECT. 12. The grand jurors, who shall be returned to serve at the district court, shall serve at every term of said court, throughout the year. SECT. 13. Venires for such jurors shall be issued, forty days at shall issue for least, before the second Monday of September annually. SECT. 14. The sheriff of each county, as soon as he receives venires for jurors, shall immediately send them to the constables of the respective towns, to which they are directed; and, on receipt of such venires, each constable shall notify the freeholders and other inhabitants of the town, qualified to vote in the election of representatives, in the manner annual town meetings are notified, and especially the selectmen and town clerk, unless a different mode has been agreed upon at a legal town meeting, which any town is hereby authorized to do, in respect to town meetings for the drawing of jurors only, to assemble and be present at the draft and selection of the jurors called for; which meeting shall be six days before the sitting of the court, to which the venire is made returnable. Mode of draw- SECT. 15. At such meeting, the town clerk, or, in his absence, one of the selectmen, shall carry into the meeting the jury box, containing the names of the persons approved as aforesaid; the box shall be unlocked in the meeting, and the tickets mixed by the major part of the selectmen present; and one of the selectmen shall draw out as many tickets, as there shall be jurors required; and the persons, whose names are thus drawn, shall be returned as jurors, unless from sickness, absence beyond sea, without the limits, or in different parts of the state, they shall be considered by the CHAP. 135. town, as unable to attend the court for which they are drafted, or had served on a jury within three years from that day. SECT. 16. In either of the above cases, or in case a person is Same subject. drawn, who may have been appointed to an office, which exempts 1823, 214, § 1. him from serving as a juror, others shall be drawn in their stead; but any person, being thus excused, or who shall be returned, and shall not attend court, or shall, when appearing there, be excused, shall not be excused on another draft, should it happen within the term of three years, notwithstanding the minute made on his ticket; and, whenever it shall happen, that all those persons, whose names are in the box of any town, shall have served on the jury within three years, or for reasons above mentioned shall not be liable to serve, the selectmen shall draw out of the box such number of men as may be required, provided they have not served as jurors within eighteen months; and, in such case, the clerk shall certify on the venire that all persons, whose names are contained in the jury box, have served upon the jury within three years, or that they are not liable to be returned. SECT. 17. When a juror has been drawn, and not excused by Date of draft to the town, the selectmen, who drew his ticket, shall indorse thereon be indorsed on the date of the draft, and return the same into the box. tickets. Constable to SECT. 18. The constable shall notify the persons, thus drawn 14 Pick. 196. to serve as jurors, four days at least before the sitting of the court, notify jurors. at which they are to attend, by reading the venire and indorsement 1821, 84, § 7. thereon to them, or leaving, at their usual place of abode, a written notification of their having been drawn, and also of the time and place of the sitting of the court, where they are to attend. SECT. 19. He shall make a seasonable return of the venire Return of venwith his doings thereon. ire. 1821, 84, § 7. be transferred, 1821, 84, § 7. newed. SECT. 20. Whenever there is a renewal or exchange of any of the tickets in the box, for others of the same persons, the selectmen shall transfer from the back of the old tickets, to the new ones, if ticket be rethe minutes of such drafts, as had been made within the three preceding years. SECT. 21. If the selectmen or town clerk of any town shall Penalty for negneglect to perform the duties, required of them or him in this chap- lect of selectter, so that the jurors called for from the town to which they belong 1821, 84, § 20. shall not be returned, such selectmen and town clerk shall be fined 1823, 214, § 2. not less than ten, nor more than fifty dollars, each. men or clerk. SECT. 22. Any constable shall be fined a sum not exceeding Penalty for negtwenty dollars, for neglecting the performance of the duties required lect of constaof him in this chapter. ble. SECT. 23. Any town, which shall neglect to perform the duties Penalty for neg required of it, shall be fined a sum, not exceeding one hundred lect of town. 1821, 84, § 20. dollars. SECT. 24. If the clerk of the court, or sheriff of the county, Penalty for shall neglect to perform the duties required of them, respectively, court, or sheriff. so as to prevent a compliance with any of the provisions of this 1821, 84, § 20. chapter, he shall be fined a sum not exceeding fifty dollars. neg lect of clerk of SECT. 25. Any juror, not being an inhabitant of Portland, who Penalty for neg after being notified and returned, shall unnecessarily fail in his lect of jurors to 1821, 84, § 20. attend. CHAP. 135. attendance, shall be fined as for contempt, not exceeding twenty dollars. Same subject. 1821, 84, § 20. Penalty for fraud by town clerk of select men. 1821, 84, § 20. SECT. 26. Any juror, who is an inhabitant of Portland, who shall so fail of attendance at court, shall be fined not exceeding forty dollars, as for contempt; the fines in this and the preceding section, to be divided among the jurors, who shall attend and serve. SECT. 27. Any town clerk or selectman, who shall be guilty of any fraud in practising on the box previous to the draft, or in the drawing a juror, or in returning the name of a juror into the box, which had been fairly drawn, and drawing another in his stead, or in any other mode, shall be fined not exceeding two hundred dollars. SECT. 28. All fines, imposed by the twenty first, twenty second, Recovery, and appropriation of twenty third and twenty fourth sections, shall be for the use of the 1821, 84, § 20. county, in which the offender dwelt, at the time of the neglect; and be recovered by indictment, information or action by the treas urer of the county, to be commenced within twelve months after commission of the offence. fines. Same subject. 1821, 84, § 20. When no traverse jurors are to be summoned, to the supreme judicial court. 1836, 196, § 2. SECT. 29. All fines imposed by the twenty seventh section, shall be recovered on indictment, one moiety to the use of the state, and the other to the prosecutor thereof. SECT. 30. In each county, in which two terms of the supreme judicial court are annually holden, no traverse jurors shall be summoned to attend at the full or law term, unless the court shall otherwise order. Cases, in which promises must be in writing. 1821, 53, § I. 12 Mass. 297. 7 Greenl. 356. 5 Mass. 133. 11 Mass. 342, 533. 3 Greenl. 340. CHAPTER 136. OF THE PREVENTION OF FRAUDS AND PERJURIES IN CONTRACTS, AND SECT. 1. Cases, in which promises must be SECT. 6. Proceedings thereon. in writing. 2. Consideration need not be ex- 3. Representation of another's ability 5. When specific performance of a 7. What decree shall be made. 8. Conveyance to be good. 9, 10. Enforcement of such decree. 11. Provision, in case of the death of the obligee before conveyance. 12. Administrator of the contractor may petition for authority to make the conveyance. SECTION 1. No action, shall be brought and maintained in any of the following cases: First. To charge an executor or administrator, upon any special promise to answer damages out of his own estate; Secondly. To charge any person, upon any special promise to answer for the debt, default or misdoings of another; Thirdly. To charge any person, upon an agreement made in consideration of marriage; Fourthly. Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them; 9 Greenl. 62. 3 Fairf. 506. 15 Maine, 14, 61, 201. 1 Pick. 43, 328. 16 Pick. 227. 17 Pick. 538. 20 Pick. 134. Fifthly. Upon any agreement, that is not to be performed within CHAP. 136. one year from the making thereof: Unless the promise, contract or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and be signed by the party to be charged therewith, or by some person thereunto lawfully authorized. SECT. 2. The consideration of any such promise, contract or agreement need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence. 4 Greenl. 1,258. 1 Fairf. 31. 22 Pick. 97. 18 Pick. 569. Consideration need not be expressed therein. 7 Mass. 233. 17 Mass. 122. 4 Greenl. 180, SECT. 3. No action shall be brought and maintained, to charge 387. any person upon, or by reason of, any representation or assurance, Representation made concerning the character, conduct, credit, ability, trade or bility or chardealings of any other person, unless such representation or assurance writing. shall be made in writing, and signed by the party to be charged thereby, or by some person, thereunto by him lawfully authorized. acter to be in must be in SECT. 4. No contract for the sale of any goods, wares or mer- What contracts chandise, for the price of thirty dollars or more, shall be allowed for sale of goods to be good, unless the purchaser shall accept part of the goods, so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum, in writing, of the said bargain be made and signed by the party to be charged by such contract, or by his agent, thereunto by him lawfully authorized. SECT. 5. When any person, who is bound by a contract in writing to convey any real estate, shall die before making the conveyance, the other party may have a bill in equity in the supreme judicial court, to enforce a specific performance of the contract by the heirs, devisees, or by the executor or administrator of the deceased party, such bill to be filed within one year after the grant of administration. writing. 9 Greenl. 79. 384. When specific performance of a contract may be enforced by bill in equity. 1821, 52, § 13. 1826, 347, § 2. SECT. 6. The court shall hear and decide every such case, Proceedings according to the proceedings in chancery, and shall make such thereon. decree therein, as justice and equity may require. shall be made. 1821, 52, § 13. 1821, 52, § 13. SECT. 7. If it shall appear that the plaintiff is entitled to have What decree a deed of conveyance, the court may authorize and require the executor or administrator of the deceased party to convey the estate in like manner as the deceased person might and ought to have done, if living; and, if his heirs or devisees, or any of them, are within the state, and competent to act, the court may direct them or any of them, instead of the executor or administrator, to convey the estate in the manner before mentioned, or to join with the executor or administrator in such conveyance. SECT. 8. Every conveyance, made in pursuance of such decree, Conveyance to shall be effectual to pass the estate contracted for, as fully as if be good. made by the contractor himself. SECT. 9. If the defendant in such suit shall neglect or refuse to make a conveyance according to the decree, the court may enter judgment, that the plaintiff shall recover judgment for possession of the land contracted for, to hold according to the terms of the intended conveyance, and may issue a writ of seizin thereupon, in the form used in a real action; and the plaintiff, by force of said 1821, 52, § 13. Enforcement of such decree. CHAP. 136. writ, having obtained possession of the premises, shall hold the same in like manner, as if conveyed in pursuance of the decree. Same subject. Provisions, in case of the death of the obligee before conveyance. Administrator of the contrac tor may peti tion for authority to make the conveyance. SECT. 10. The preceding section shall not prevent the court from enforcing their decree, by any other proper process, according to chancery proceedings. SECT. 11. If the person, to whom the conveyance was to be made, shall die before such suit is brought, or before the conveyance is completed, any person, who would be entitled to the estate under him as heir, devisee or otherwise, in case the conveyance had been made according to the contract, may commence such suit, or prosecute it, if commenced; and the conveyance shall thereupon be so made, as to vest the estate in the same persons, who would have been so entitled to it. SECT. 12. If the party, to whom any such conveyance was to be made, or those claiming under him, shall not commence a suit, as before provided, and if the heirs of the deceased party are under age, or otherwise incompetent to convey the lands contracted for, the executor or administrator of the deceased may file a bill in equity in the supreme judicial court, setting forth the contract and the circumstances of the case, whereupon the court may, by their decree, anthorize and require such executor or administrator to convey the estate, in the manner, the deceased should have done: and such a conveyance shall be deemed a performance of the contract on the part of the deceased, and sufficient to entitle his heirs, executors or administrators, to demand a performance thereof on his part. Who may enter into recogni zance. Form thereof. 1821, 77, § 1. CHAPTER 137. OF RECOGNIZANCES FOR DEBTS. SECT. 1. Who may enter into recognizance. SECT. 9. Administrator of conusee may sue 2. Form thereof. 3. Justice may deliver it to the cred- 4. May be filed and recorded with 5. Clerk may issue execution there on. 6. Officers to serve such executions. 8. When not to run against the lands out execution. 10. If conusor die, scire facias may issue against his administrator. 11. After three years, writ of scire facias or action of debt will lie. 12. Consequence, if one of several conusors or conusees die. 13. Remedy, if execution be wrong. fully issued. SECTION 1. Any person, capable of binding himself by a common bond, may enter into a recognizance for the payment of a debt, as hereinafter mentioned; and may thereby subject his person, or his goods and estate, to be taken in execution for such debt. SECT. 2. Such recognizance may be taken before any justice of the peace, and shall be in substance, as follows: , in the county of C. D., of -, in the county of to be paid to the said C. D. on the "I, A. B., of do owe unto the sum of day of ; and, if |