Real estates and chattels real. III. Surveyors of highways. IV. 1208

Retailers of spirituous liquors. II. Trover. IV. 1263

ADDENDA.

CONTAINING CERTAIN ACTS NOT NOTICED IN THE BODY OF THIS WORK.

ASSESSORS.

An Act in addition to the several Laws regulating Elections.

BE it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the assistant assessors in any town wherein such officers are, or may by law be chosen, shall, before entering on the duties of their respective offices, be sworn to the faithful discharge thereof; and shall have the same powers, and they are hereby required to perform the same duties in their several wards, in collecting and making lists of all such inhabitants as are qualified to vote in any election, and also of all rateable polls, as assessors are by law required to do and perform. [This act passed March 6. 1810.]

ATTORNEY-GENERAL, SOLICITOR-GENERAL, AND COUNTY ATTORNEYS.

An act repealing the first section of an act entitled, "an act respecting the offices and duties of the attorney-general, solicitor-general, and county attorneys."

BE E it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the first section of an act entitled "an act respecting the offices and duties of the Attorney-General, Solicitor-General and county Attorneys," passed on the twentieth day of June, in the year of our Lord one thousand eight hundred and seven, be and the same is hereby repealed.

[This act passed June 20, 1809.]

Former acts repealed.

Powers transferred.

able to the Common Pleas.

COMMON PLEAS:

An Act to transfer the powers and duties of the Court of Sessions to
the Courts of Common Pleas, and for other purposes.

SECT. 1. BE it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That from and after the passing of
this act, the act entitled, "an act in addition to an act,
entitled an act establishing Courts of General Sessions
of the Peace," passed the third day of July, in the year
of our Lord, seventeen hundred and eighty two, and also
an "act to explain and amend the laws respecting Courts
of General Sessions of the Peace," be, and they hereby
are repealed.

SECT. 2. Be it further enacted, That from and after the passing of this act, the Courts of Common Pleas, within this Commonwealth, in their respective counties, shall have, exercise and perform all the powers, authorities and duties, which before and until the passing of this act, the respective Courts of Sessions within the several counties in this Commonwealth, have by law had, exercised and performed.

SECT. 3. Be it further enacted, That all petitions, rePetitions, etc. return. Cognizances, warrants, orders, certificates, reports and processes, made to, pending in, taken for, or continued, or returnable to, the Courts of Sessions in the several counties in this Commonwealth, shall be returnable to, entered, have day, be proceeded in, and determined by the respective Courts of Common Pleas, within and for the same counties, at the term thereof, which shall be next holden after passing this act; and that all petitions, recognizances, warrants, orders, reports and processes, which shall hereafter be made or taken, shall be made and taken to the Courts of Common Pleas, within the respective counties, at the term thereof, which shall be next holden after passing this act, in the same manner as they would have been made or taken to the said Court of Sessions, if this act had not been made.

[This act passed June 19, 1809.]

ๆ

Two justices may transact the business of the court, in certain cases.

An act to authorize two Justices of the Courts of Common Pleas to
transact the business of said Courts in certain cases.

E

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That whenever there shall be a vacancy in Court of Common Pleas by death, resignation, or other

any

wise, or whenever any of the justices of said courts shall be unavoidably detained from attending at any term or part of a term thereof, the said courts may be holden and all the business thereof transacted by two of the justices of such court. And whenever any justice of said courts shall be legally disqualified from acting in any cause or matter pending therein, the same may be heard, tried, acted upon and determined by the other two justices of said court.

[This act passed March 6, 1810.]

COSTS.

An Act limiting the time of payment of costs allowed in criminal prosecutions, and for other purposes.

SECT. 1. BE it enacted by the Senate and House of ReTime of the payment presentatives in General Court assembled, and by the autho- of costs limited. rity of the same, That all sums taxed or allowed, or which may hereafter be taxed or allowed, and all other charges which have arisen, or may arise, in any criminal prosecution before the Supreme Judicial Court, or any Court of Common Pleas, and which by law are chargeable to the commonwealth or county, shall be claimed and demanded by the person or persons who are or may be entitled to receive the same, of the county treasurer, within two years next after the passing of this act, or within three years next after the same were or may be taxed or allowed, and not afterwards. And all persons not claiming or demanding such allowances within the time above limited shall be forever afterwards debarred therefrom. And it shall be the duty of every county treasurer, in his general account, required by law to be exhibited to the Governor and Council on the first Monday of June annually, to credit the Commonwealth with all such sums, allowed by the Supreme Court, remaining in the county treasury not claimed or demanded within the time above mentioned; and also for all sums taxed in any bill of cost on a criminal prosecution, for the fees of the Attorney General or Solicitor General, when no other person is entitled thereto, and the amount of such sums shall be deducted from the county treasurer's account against the Commonwealth; and every county treasurer shall account with his county for all sums received out of the treasury of the Commonwealth for jury fees, and for jailor's charges for the maintenance of prisoners.

SECT. 2. Be it further enacted, That from and after the passing of this act, no person shall be eligible as

County treasurer.