as aforesaid, the full amount or value of the money, goods, or other article or articles stolen and not restored or satis- mon gaol, and is un

fied for; and if any such convict shall be unable to make restitution, or pay the amount or value as aforesaid, the justices of the court before whom the conviction may be, may further sentence and order him or her to make satisfaction to such owner by service, who shall thereupon be empowered to take such convict in service, or to dispose of him or her to any person for such term of time, not exceeding three years, as shall be ordered by the said justices. Provided however, That no such convict shall be held in jail for such satisfaction of the amount or value as aforesaid, for a longer term than thirty days, unless such owner shall give security to the keeper of the jail, to satisfy the charge of keeping such prisoner from and after that time, according to the rate allowed for keeping prisoners in the same jail.

finement in the com

able to restore the

property stolen, or pay its value, such

convict may be dis

posed of in service.

Such convict not to

be

held in gaol, for longer term than

such satisfaction, for a

thirty days,unless, etc.

END OF VOLUME I.

APPENDIX.

No. VI. (Vid. p. 204.)

Certificate of Examiners.

WE the subscribers, appointed for that purpose, have faithfully 'examined A. B. a candidate for admission to practise as an attorney (or counsellor, as the case may be) at the bar of the supreme judicial court: And we do certify that the said A. B. is duly a candidate for examination and admission, according to the rules of the court; that he is well qualified to practise as an attorney, (or counsellor) and that he is of good moral character.

No. VII. (Vid. p. 207.)

Oath and Declaration of Attorneys.

OATH.

You solemnly swear, that you will do no falsehood, nor consent to the doing of any in court; and if you know of an intention to commit any, you will give knowledge thereof to the justices of the court or some of them, that it may be prevented; you will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid or consent to the same; you will delay no man for lucre or malice; but you will conduct yourself in the office of an attorney within the courts, according to the best of your knowledge and discretion, and with all good fidelity, as well to the courts as your clients. So help you God.

DECLARATION.

:

Í, A. B. do truly and sincerely acknowledge, profess, testify and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign and independent state; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies, and all hostile attempts whatsoever and that I do renounce and abjure an allegiance, subjection and obedience, to the king, queen, or goverment of Great-Britain, (as the case may be) and every other foreign power whatsoever and that no foreign prince, person, prelate, state or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing, or other power, in any matter, civil, ecclesiastical or spiritual, within this commonwealth: except the authority and

No. VI.

No. VII.

No. VIII. w

No. IX.

No. X.

power which is, or may be, vested by their constituents in the congress of the United States: And I do further testify and declare, that no man, or body of men, hath, or can have, any right to absolve or discharge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me God.

N°. VIII. (Vid. p. 208.)

Writ by which Barristers are called to the bar.

COMMONWEALTH OF MASSACHUSETTS.

To T. L. Esquire, of

Greeting. WE, well knowing your ability, learning and integrity, command you that you appear before our justices of our supreme judicial court, next to be holden at within and for our county

of

, on the

Tuesday of

next, then and there,

in our said court, to take upon you the state and degree of a barrister at law. Hereof fail not.

Witness, W. C. Esquire, our chief justice, at Boston,

this

day of

of our independence.

A. D.

and in the year

C. C., Clerk.

By order of court.

N°. IX. (Vid. p. 226.)

Mittimus to commit the principal when surrendered by his bail.

COMMONWEALTH OF MASSACHUSETTS.

or his deputy, or to any and to the keeper of the gaol in Greeting. WHEREAS A. B. of C. in said county, (addition) at a (L.S.) court this day holden before me, has been surrendered by who was bail for the said

D. E. of F. in said county

A. B. in an action wherein one G.H. was plaintiff, and the said A. B.
was defendant, you, the said sheriff, deputy-sheriff, and constable,
are severally required to receive the said A. B. into your custody,
and him forth with to convey to the common gaol of said county;
and you the said keeper are hereby required to receive the said
A. B. in order to his being taken in execution upon the suit afore-
said. Hereof fail not; and of this warrant and your doings there-
on you are to make due return to myself, as soon as may be. Given
under my hand and seal, the
Anno Domini
Justice of the peace.

YOU, A. B. being appointed a collector of taxes within the
for one year next following, do swear, that you will levy

and collect, with what speed you can, all such rates and assess. ments, for which you shall have sufficient warrants according to law rendering an account thereof, and paying the same, according to the direction in your warrant. So help you God.

No. XI. (Vid. p. 321.)

Oath of Constable.

WHEREAS you A. B. are chosen constable within the town of C. for one year now following and until other be chosen and sworn in your place, do swear, that you will carefully intend the preservation of the peace, the discovery and preventing all attempts against the same; that you will duly execute all warrants which shall be sent unto you from lawful authority, and faithfully attend all such directions in the laws and orders of court, as are or shall' be committed to your care; that you will faithfully and with what speed you can, collect and levy all such fines, distresses, rates, assessments, and sums of money, for which you shall have sufficient warrants according to law; rendering an account thereof, and paying the same according to the direction in your warrant ; and with like faithfulness, speed and diligence, you will serve all writs, executions and distresses in private causes betwixt party and party, and make return thereof duly in the same court where they are returnable; and in all these things you shall deal faithfully whilst you shall be in office, without any sinister respects of favour or displeasure. So help you God.

25

No. XI.

(