10 Provifio. Any eftate being attached, copy to be left. If real eftate is taken, Copy to be left with the town clerk. Attachments. Attornies. Debtor in Service, for the Purpofe aforefaid, to fome Inhabitant of this or not. Provided always, That no Court in this State fhall, in any Civil Cafe, affign or difpofe of any Perfon in Service, until fuch Court is fatisfied by the Oath of the Parties or otherways, that fuch Debtor hath not Estate fufficient to pay the Debt for which he is holden by Execution, except fuch Neceffaries as are by Law exempted from being taken by Execution and the Debt for which he is holden is really and bona fide due, on good Confideration. An Act concerning Attachments. BE it enalted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That when any Eftate real or perfonal, is attached by virtue of a Writ of Attachment in any Civil Action, the Officer who ferves the fame, fhall leave with the Perfon whofe Eftate is so attached, or at the Place of his ufual Abode, if within this State, a true and attefted Copy of the Writ, and of his Return, defcribing the Eftate 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 Eftate taken, at the Town Clerk's Office, in the Town where the Eftate lies; and until the Service is fo compleated, the Eftate fo attached, fhall not be held by fuch Attachment, again any other Creditor or bona fide Purchafer, unlefs fuch Copy is left in Service, within feven Days next after attaching the Eftate, and before the Time limited by Law for the Service of fuch Writ is expired. And be it further enacted by the Authority aforefaid, That no Estate attached as aforefaid, fhall be held to refpond the Judgment obtained by the Plaintiff at whofe Suit the fame is attached, either against the Debtor, or any other Creditor, unless fuch Judgment Creditor take out Execution Efate at- on fuch Judgment, and have the fame levied on Goods or perfonal Estate, 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 faid 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. tached, not to be held, unless, &c. within four months. within five days, or prifoner not to And that when the Body of any Perfon is attached, and for want of Bail is committed to Prifon, the Perfon fo committed shall not be holden Execution in Prifon by virtue of fuch Attachment, for a longer Time than five Days to be levied after the rifing of the Court in which final Judgment in fuch Cafe fhall be rendered: And in cafe no Execution fhall be taken out upon fuch Judgment, and levied upon the Perfon of fuch imprifoned Debtor, within five Days as aforefaid, the keeper of the Gaol, upon his Fees being paid, may not hold fuch Prifoner any longer by virtue of faid Commitment; any Law, Ufage or Cuftom to the contrary notwithstanding. [This Act was paffed in October, One thousand feven hundred and seventy.] be held. An Act for the appointment and regulating Attornies. For the well-ordering Proceedings and Pleas at the Bar: BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the County Courts in the respective Counties in this State, fhall appoint, and they are hereby impowered Auditors. impowered to approve of, nominate and appoint Attornies in their refpective Counties, as there fhall be Occafion, to plead at the Bar: Which Attornies fhall, before fuch Court, take the Oath by Law provided for Attornies: The Administration and taking of which Oath, together with the faid Appointment, shall be registered by the Clerk of the faid Court, and be a fufficient Evidence of his Admiffion as an Attorney at the Bar. And that no Person (except in his own Case) shall be admitted to make any Plea at the Bar in any Court, but fuch as are allowed and qualified Attornies, aforesaid. And whofoever fhall tranfgrefs the Rules of Pleading, appointed by any Court, shall be liable to suffer fuch Fine for every fuch Offence, as the faid Court shall impofe; not exceeding the Sum of Five Shillings. And that in all Actions wherein the Title of Land is not concerned, and the Demand is not above Ten Pounds, there fhall 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 two Attornies to plead at the Bar; and no more. And the Fees of such Attornies, fhall be as ftated in the Table of Fees: And the Party that shall recover Judgment, fhall have his Attorney's Fees according to the above Regulation, allowed as part of Coft of Trial. And it is further enacted by the Authority aforefaid, That in each County in this State, there fhall be one State Attorney, who fhall prosecute, 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 also be appointed by the refpective County Courts. And that the feveral Attornies, who fhall be allowed and appointed as aforesaid, shall 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. BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That when any Defendant in any Action of Account, depending in any Superior or County Couft ih 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 otherwife, the Court fhall enter Judgment against him that he fhall account: And thereupon fhall appoint three able, judicious and difinterested Men, Au ditors in fuch Cafe; who fhall be fworn 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 adjusting the Accounts aforefaid. 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 the whole of his Demand; and upon the Parties producing to them their Accounts the Auditors fhall have Power to adininifter 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 Ŏath, or to anfwer directly to fuch Interrogatories, it fhall be in the Power of the Auditors to commit the Party fo refufing to Gaol; there to remain at his own Charge, until he will account or anfwer as aforefaid. And B 2 12 On return of auditors, final judgment to be given. Like reme. dy in actions on book, if above 51. Action of account between executors, &c. Alfo, Between joint-tenants &c. No appeal. Auditing the public Accounts. And when the Auditors have adjusted the Accounts, or awarded as aforefaid, and returned the fame to the Court, (either at the fame Seffion or the next) that final Judgment fhall be made up for the recovery of the Sum awarded and the Cofts, together with fuch reafonable 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. And be it further Enacted, That in all Actions brought on Book Accounts, if the Account be alledged to be above five Pounds, the like Method may be taken in appointing Auditors for the adjuftment of the Accounts between the Parties, and whosoever fhall be awarded by them to be in Arrears, the Court fhall enter up Judgment for the fame, with additional Cofts as aforefaid, And be it further enacted by the Authority aforefaid, That Executors who are also refiduary Legatees, when all or any part of their Legacies are with-holden from them by their Co-executors, may bring their Action of Account 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 Perfons have and hold any Estate or Intereft, in common, as Joint-Tenants, Tenants in Common, or Co-parceners, and one or more of the Owners of fuch Common-Intereft, shall take, receive, ufe, or take Benefit of, fuch Common Intereft in greater Proportion than his or their Intereft in the principal Estate, fuch Owner or Owners, his or their Executors and Administrators, fhall be liable to render his or their reasonable Account, for fuch his or their taking, use and profit of fuch Common-Interest and Estate, 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 against fuch Receiver or Receivers, or either of them, as their Bailiffs for receiving more than their Part or Proportion as aforefaid. And no Appeal fhall be allowed from any Judgment given on an Award of Auditors, An Act for regulating and auditing the public Ac counts. FOR preventing Inconveniences in the public Accounts, and that no Arrears in the State's Accounts be ftanding out after the Year be expired. BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That meet Persons fhall Auditors to by this Court be appointed annually in May, to make up and audit the be annually State's Accounts with the Treasurer; which Accounts fhall be audited appointed in October,&c and perfected before the fitting 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. And the Treasurer is hereby obliged to make himself Debtor for the feveral Sums due from every of the Towns in this State, and alfo for allTreasurer's Fines belonging to the State Treafury; and fo for the whole Rate or duty. Sum Total arifing, by bringing the feveral particular Sums into one intire Sum; and to bring in Credit (according to Law) until he shall confumate and perfect the State's Accounts as aforefaid. And Bail, And this the faid Treasurer fhall do annually, on the Penalty of twenty Pounds, to be forfeited to this State, for every 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. And the Treasurer of each refpective County in this State, fhall annually make himself Debtor for all Fines and other Monies belonging to the. : County whereof he is Treasurer, 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 Justices of the County Courts refpectively, and their refpective Trea-. furers.. And be it further enacted by the Authority aforesaid, That the Secretary of this State, and the Clerk of the Superior Court, fhall annually render an Account to the Treafurer of this State, of all the Fines and Forfeitures due to the public Treasury, appearing by the Records in their refpective Offices, that the fame may be collected and paid into the Treasury, for the use of the State; and fhall in like Manner render an Account to the Treasurer, of all Fees by them refpectively received for the use of the State, and pay into the Treafury what fhall be due thereon: And they fhall likewife feasonably tranfmit a Copy of their faid Accounts annually, to the Auditors appointed to audit the Treaturer's Accounts: And the Secretary fhall also tranfmit to faid Auditors an Account of all the Treafurer's Receipts for Money paid into the Treafury, that shall be lodged with him. An Act concerning Bail, in civil and criminal Cafes. when taken. B That no Defendant whofe Perfon has been attached and let to Bail as aforefaid, fhall be admitted to appear and plead or defend in fuch Action, until he hath in Court, given fpecial Bail, with fufficient Sureties as aforefaid, for his abiding the final Judgment that shall be given in the Caufe if the Plaintiff require the fame. Not to plead When the ble, &c. That in either of the Cases aforefaid, every such Surety or Sureties fhall be obliged to fatisfy the Judgment in cafe of the Principal's Avoidance, and a return of Non eft Inventus on the Execution; unless fuch Surety, at furety is liaor before 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 Gaol to receive him into Custody, 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, against fuch Surety or Sureties; and in cafe no juft Cause is fhewn to the contrary, the Judgment rendered against fuch Principal fhall be affirmed against fuch Surety or Sureties, with additional Coft of Suit, and Execution be granted accordingly. Always Seire facias against the furety. 4 14 Provifo. Surety's ac the debtor. Always provided, That fuch Writ of Scire Facias or other Process on the Bond, be taken out and ferved upon the Surety or Sureties, within twelve Months after the said final Judgment, and not afterward. And every Surety of whom fuch Recovery is made, may bring his tion against Action for the recovery of Damages against the principal Debtor. And no Recovery fhall be had against the Officer who ferved the Attachnient or took the Bail, unless he fhall have taken infufficient Bail, or fhall refufe to let the Plaintiff have the Bail Bond, that he may have Remedy thereon agreeable to this Act. Officer la ble for infufficient bail, &c. And in cafe of Bond given for the profecution of any Action or Appeal, the Surety or Sureties fhall be liable to fatisfy the Coft that fhall be Scire Facias recovered against the Principal, if Satisfaction cannot be had out of the Eftate of the Principal; which may be 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. B An A& concerning Ballast. Eit enacted by the Governor, Council and Representatives, in General Court assembled, and by the Authority of the fame, That no Ballast shall be Ballaft not taken from any common Shore in any Town within this State, by any to be taken, Perfon whatsoever (except the fame be his own Property) without Permif&c. without fion under the Hands of two of the Select-men of such Town, upon Penalty permiffion. of forfeiting twenty Shillings for every Ton fo taken. Penalty for cafting out ballaff,&c. Barberry bushes how and when to be deitroyed And that no Perfon belonging to any Ship or other Veffel, fhall caft out any Ballast into any Channel or other Place, that will obftruct or incommode the Navigation in any River or Harbour within this State, upon Penalty of forfeiting five Pounds. Any two Affiftants or Juftices of the Peace thall have Power to hear and determine all Breaches of this A&t. The Fines aforefaid fhall belong to the Treasury of the Town where the Offence is committed. An A&t for destroying Barberry-Bushes. BE it enalted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That any Perion or Persons whatsoever, with Advice and Confent of the Civil Authority and Selectmen of the Town where any Barberry-Bushes are or may be growing, may in the Months of March, April, October and November, enter into and upon any Lands whereon fhall be growing any Barberry-Bushes, and dig up and deftroy fuch Bushes, without being liable to any Action, Suit or Damage therefor; any Law, Ufage or Cuftom to the contrary notwithftanding. An Act against Barratry and common Barrators. BE it enabled by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That if any Perfon fhall be Penalty for proved and adjudged a common Barrator, vexing others with unjuft, freBarratry sl. quent and needlefs Suits, he fhall pay a Fine of five Pounds into the public Treasury of this State, by order of the Court before whom he fhall be convicted; and before the fame Court he fhall become bound, with one Surety, for his good Behaviour (for one Year at leaft); or on Refufal, be committed to remain in Prifon faid Time, or 'till he procure Surety, as aforefaid. And |
