SECT. 2. All pressed hay, which shall be offered for sale Forfeiture, and without being branded as aforesaid, shall be forfeited, one half to whose use, of hay offered for to the person or persons prosecuting therefor, and the other half sale without the to the use of the city or town where said hay shall be so offered required brand. for sale. SECT. 3. All forfeitures incurred under this act, may be re- Mode of recovcovered, with costs of suit, by action, bill, plaint, or informa- ering such fortion, before any justice of the peace, or other court proper to try the same. [April 15, 1836.] CHAPTER 241. AN ACT REQUIRING RETURNS FROM REGISTERS OF DEEDS. SECTION SECTION 2. Form of such returns. 3. Abstract of such returns to be laid, by feiture. recorded,amount 1. Registers to make returns, yearly, to secretary, of 'number of instruments recorded, amount of fees received, &c. SECT. 1. The several registers of deeds in this Common- Registers to wealth shall make returns to the secretary of the Common- make returns, yearly, to secrewealth, on or before the last Wednesday in January in each tary, of number year, of the whole number of deeds recorded by them, in the of instruments books of registry in their respective offices, during the year end- of fees received, ing the thirty first day of December next preceding the time of &c. making such returns; also of the whole number of other instruments so recorded by them during the time aforesaid; the whole amount of fees received by them, for the recording of said deeds, and the whole amount for other instruments; the amount paid by them into the treasury of the county; the number of legal pages of records covered by the registry of said deeds and other instruments; and the expenses of their respective offices, over and above what is paid by the county, during the same time. SECT. 2. The several particulars required by this act, shall Form of such be given in said returns in the following tabular form: Amt. of fees Amt. rec'd Amt. paid No. of deeds No. of other received for for other in-county treasrecorded. instruments. deeds. struments. urer. No. of legal returns. SECT. 3. The secretary of the Commonwealth shall lay be- Abstract of such fore the legislature in each year, as soon after the last Wednes- returns to be laid, by secretaday in January as the same can be conveniently prepared, an ry, before the abstract of the returns made to him in conformity with the legislature. provisions of this act. [April 15, 1836.] Children under 15 years of age ployed in factories, unless they not to be em have attended school three months in the preceding year. Penalty on own CHAPTER 245. AN ACT TO PROVIDE FOR THE BETTER INSTRUCTION OF YOUTH SECTION [Additional acts, 1838, ch. 107, (page 74); 1842, ch. 60, (page 229).] 1. Children under 15 years of age not to SECTION 2. Penalty on owners, &c., for employing children contrary to this statute-and to what use and how recoverable. SECT. 1. From and after the first day of April, in the year eighteen hundred and thirty seven, no child under the age of fifteen years shall be employed to labor in any manufacturing establishment, unless such child shall have attended some public or private day school, where instruction is given by a teacher qualified according to the first section of the twenty third chapter of the Revised Statutes, at least three months of the twelve months next preceding any and every year in which such child shall be so employed. SECT. 2. The owner, agent or superintendent of any manuers, &c., for em- facturing establishment, who shall employ any child in such ploying children contrary to this establishment contrary to the provisions of this act, shall forfeit statute-and to the sum of fifty dollars for each offence, to be recovered by inhow recoverable. dictment, to the use of common schools in the towns respectively where said establishments may be situated. [April 16, 1836.] what use and Salary of watchman increased. CHAPTER 247. AN ACT RELATING TO THE PAY OF THE WATCHMAN OF THE Salary of Watchman increased. THE salary of the watchman of the state house shall be twelve hundred dollars a year, in full for the services of himself and his assistant; instead of the sum of nine hundred dollars a year, as provided in the sixty fifth section of the thirteenth chapter of the Revised Statutes. [April 16, 1836.] CHAPTER 255. AN ACT AUTHORIZING BANKS TO BORROW MONEY AND ISSUE POST Terms on which banks may borrow money and issue post notes therefor. THE banks already established, and those which may hereafter be incorporated in this Commonwealth, may borrow money, and row money and issue therefor post notes upon time, and bearing interest at not Terms on which less than four and one half per cent per annum; any thing in banks may bor the thirty sixth chapter of the Revised Statutes, passed the issue post notes fourth day of November, in the year one thousand eight hun- therefor. dred and thirty five, to the contrary notwithstanding: provided, the amount of such loans and issues by any bank shall not at any time exceed twenty five per cent. of the capital stock of such bank actually paid in. [April 16, 1836.] CHAPTER 256. AN ACT IN ADDITION TO THE EIGHTY THIRD CHAPTER OF THE Term of court at Amherst and at Belchertown. In addition to the probate courts, provided to be held in the Term of court county of Hampshire, by the eighty third chapter of the Re- at Amherst and vised Statutes, there shall be a probate court held every year at Belchertown. at Amherst, on the second Tuesday of April, and at Belchertown on the second Tuesday of February. [April 16, 1836.] CHAPTER 258. AN ACT IN ADDITION TO THE ONE HUNDRED AND FORTY FOURTH Salary, &c., of the turnkeys and watchmen in the State Prison. [Additional act, 1837, ch. 205, (page 42).] watchmen in the FROM and after the first day of April current, each of the Salary, &c., of turnkeys in the state prison shall receive a salary of five hun- the turnkeys and dred and fifty dollars, and each watchman a salary of four hun- State Prison. dred dollars a year, and the governor, with the advice and consent of the council, may allow to each of the turnkeys and watchmen of that institution a sum not exceeding fifty dollars per annum, in addition to their present salaries, when in their opinion the interest of the institution may require it; and also sufficient fuel for all officers of the prison, residing or boarding within the limits thereof. [April 16, 1836.] CHAPTER 263. AN ACT RELATING TO THE INCREASED CAPITAL OF BANKS. How increased may determine, and whenever any instalment shall be actually capital may be paid, and when paid in, and a certificate thereof forwarded to the secretary of operations there- state, as provided in the act granting the increase, such bank may operate upon the same in proportion to the amount so paid in, any law to the contrary notwithstanding. [April 16, 1836.] on may be commenced. No plea in bar, except the gen eral issue, shall be pleaded in civil actions. Courts may pass notice of matters intended to be given in evidence. CHAPTER 273. AN ACT TO ABOLISH SPECIAL PLEADING IN CIVIL ACTIONS. 3. Amendments permitted in the form of action; and special demurrers abolished. 2. Courts may pass rules respecting notice of matters intended to be given SECT. 1. In every civil action hereafter to be tried in the supreme judical court, or court of common pleas, all matters of law or of fact, in defence of such action, may be given in evidence under the general issue, and no other plea in bar of such action shall be pleaded. SECT. 2. The respective courts aforesaid are hereby authorrules respecting ized to pass such general and special rules and orders, respecting notice to the opposing party, of matters intended to be given in evidence by either party to a suit, as shall be necessary to prevent suprise, and to afford opportunity for preparation for trial. SECT. 3. Whenever a plaintiff in any action shall have mistaken the form of action suited to his claim, the court, on motion, shall permit amendments to be made on such terms as they shall adjudge reasonable; and all special demurrers are hereby forever abolished. [April 16, 1836.] Amendments permitted in the form of action; and special de murrers abolished. Terms of courts Concord to Lowell. CHAPTER 275. AN ACT RELATING TO CERTAIN COURTS IN THE COUNTY OF MID DLESEX. [Additional acts, 1837, ch. 89, (page 21); 1839, ch. 117, (page 125); 1841, ch. 111, (page 193); 1843, ch. 41, (page 256).] SECTION 1. Terms of courts transferred from Con- 2. Returns, &c., conformed to such trans SECTION 3. Condition on which this act is to take effect. SECT. 1. The term of the supreme judicial court, which is transferred from now by law to be holden at Concord, within and for the county of Middlesex, on the second Tuesday of April annually, shall, on the second Tuesday of April, in the year one thousand eight hundred and thirty seven, and each year thereafter, be holden at Lowell in said county: And the term of the court of common pleas, which is now by law to be holden at said Concord, on the second Monday of September annually, shall, on the second Monday of September, in the year one thousand eight hundred and thirty seven, and each year thereafter, be holden at said Lowell. such transfer. Condition on which this act is to take effect. SECT. 2. All writs and processes of whatever nature, civil Returns, &c. or criminal, now pending, or hereafter to be commenced in the conformed to supreme judicial court, or court of common pleas, which are, or may be made returnable at either of the terms aforesaid at Concord, shall be returned to, have day in, and be acted upon, at the terms of said courts, as by this act established at Lowell. SECT. 3. This act shall be wholly void and of no effect, unless the town of Lowell shall, on or before the first day of March next, without expense to the county of Middlesex, provide a suitable court room and other accommodations for said courts and their officers, and a jail for the safe keeping of prisoners, the expense of which jail shall not exceed ten thousand dollars, in said Lowell, to the acceptance of the county commissioners for the county of Middlesex, and execute and deliver to them a sufficient lease or other instrument to secure the use thereof, for the puposes aforesaid, permanently to the said county. And the said commissioners shall cause a record of such instrument to be made by their clerk, and shall, as soon thereafter as may be, cause a notice of the fact that such provision has been made, and of its acceptance by them, to be published three weeks successively in all the newspapers then printed in the county of Middlesex, and in one or more of the newspapers in the city of Boston: And said town is hereby authorized to raise and assess a sufficient sum for the purpose of providing said accommodations for said courts and erecting said jail. [April 16, 1836.] CHAPTER 277. AN ACT CONCERNING JAILERS' FEES. Jailers to receive twenty cents for every commitment or discharge. [Additional act, 1837, ch. 198, § 4, (page 38).] THE several jailers of the county jails shall be entitled to re- Jailers to receive ceive a fee of twenty cents for each and every prisoner, com- 20 cents for evemitted or discharged, any thing in the Revised Statutes to the or discharge. contrary notwithstanding. [April 16, 1836.] ry commitment |