county_treasurer, who holds the office of Attorney General or Solicitor General, or who is empowered to act as attorney for the commonwealth within the county, nor any person holding the office of justice of the Court of Common Pleas, clerk of the said court, or sheriff. [This act passed March 3, 1810.] DIVORCE. An act in addition to an act entitled "an act regulating marriage and divorce." W HEREAS by an act, entitled "an act for regulating marriage and divorce," passed in the year of our Lord, one thousand seven hundred and eighty-six, no provision is made for a woman divorced for the cause of adultery, committed by her husband, excepting dower to be assigned to her in the lands of the husband, which provision is in many cases inadequate.....For remedy whereof: BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when any woman shall hereafter be divorced from the bond of matrimony, for the cause of adultery committed by the husband, in addition to her dower, as in the said act is provided, and to the real estate which her husband held in her right, the Court, by whom such divorce may be decreed, shall have power to assign to her, for her own use, all the personal estate which the husband hath received by reason of the marriage, or such part thereof, as shall be just and reasonable under all the circumstances of the case, and of the family of the parties, or a sum of money equal in value to the whole of the said personal estate; or to so much thereof, as the Court may judge proper should be so assigned to her. But if the personal estate, or money which the Court are by this act authorized to assign to the woman, so divorced, together with her dower in her husband's real estate, should be insufficient for her reasonable and comfortable support, then the Court may allow her reasonable alimony out of her husband's estate, so long as she shall remain unmarried; in the same manner as alimony may be allowed to a woman divorced from bed and board, for the cause of extreme cruelty in the husband: regard to be had in making such allowance, to the character, circumstances and property of the husband, and the character and situation of the wife. [This act passed March 7, 1806.] ELECTIONS. An Act repealing an act, entitled, An act for regulating Towns, setting forth their power, and for the choice of Town Officers, and for repealing all laws heretofore made for that purpose. Be it enacted by the Senate and House of Representa tives in General Court assembled, and by the authority of the Act repealed. [This act passed Feb. 6, 1810.] ENGINES AND ENGINE MEN. An act to empower the several Towns in this Commonwealth to to excuse such of their Inhabitants as are Engine men from serving as Jurors in any Court within this Commonwealth. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all persons legally attached to any Engine within this Commonwealth, be and they hereby are excused from being chosen or drawn to serve as Jurors in any Court within this Commonwealth, in all cases where the town, to which such Engine men belong, shall at a legal meeting of its inhabitants, by vote declare the expediency of excusing such persons from serving as Jurors. [This act passed Nov. 17, 1808.] ESCAPE. An act in addition to an act, entitled "An act for the providing and regulating of Prisons." Boundaries.....what, Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the there be included same, That all boundaries of the gaol yards to the several gaols, heretofore determined and assigned by the Court of General Sessions of the Peace, in the several counties in this Commonwealth, shall be, and hereby are rendered legal and valid to all intents and purposes, and no person, having given bond conditioned, that from the time of executing such bond, he will continue a true pri soner in the custody of the gaoler, and within the limits of the said prison, until he shall be lawfully discharged, without committing any manner of escape, shall be considered as having committed any manner of escape in consequence of having entered into or upon any private estate or property, or into any public building, or upon any public highway or town way lying within the limits of such gaol yard, assigned by any of the Courts aforesaid: Provided that nothing herein shall be construed to affect the rights of any individuals owning real estate within such limits, nor to affect any suit wherein final judgment has been rendered by the Supreme Judicial Court. [This act passed March 4, 1809.] Prisoners to have the liberty of the yard. Proviso. No action to be brought for breach of Bond, except within one year. Proviso. An act supplementary to the act, for providing and regulating of SECT. 1. BE it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That any person confined in any prison, who hath given, or may hereafter give bond for the liberty of the yard, pursuant to the act, to which this is a supplement, may and shall be at liberty hereafter in the day time to pass over any highway, or into any houses, lands or tenements, within the limits of the yard, as fixed and determined by the courts of sessions, and to abide and remain therein without being deemed to have committed an escape, or forfeited any such bond; Provided however, that nothing herein contained shall be construed to authorize any trespass upon the property or possession of the owner, or tenant of any such houses, lands or tenements, or to affect any action or suit now pending upon any such bond. SECT. 2. Be it further enacted, That no action shall hereafter be maintained for the breach of any bond given or to be given, for liberty of the yard as aforesaid, unless such action be brought within one year from and after such breach; Provided, that nothing herein contained shall affect any action or suit, now pending on such bond as aforesaid. [This act passed June 20, 1809.] GAOL AND GAOLER. [See Escape and Sheriff.] HABEAS CORPUS. An act in addition to "An act directing the process in Hebeas WHEREAS the Supreme Judicial Court in term time, and any one or more of the Judges thereof in the vacation time of said Court, are respectively authorized and required to award a writ of Habeas Corpus, but no authority is given to any one Judge of said Court, to award that writ in term time, from which defect great inconvenience may arise. Therefore Preamble. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, award the writ of HaJudge authorized to That any one Judge of the Supreme Judicial Court in beas Corpus. term time, as well as in the vacation, shall be, and is hereby authorized and required to award the writ of Habeas Corpus in due form of law, directed to the officer, or person imprisoning or restraining the complainant, returnable forthwith to such Judge who ordered the same, or to any other Judge of said Court, in all cases, where by the Constitution and the law of the land, that writ ought to be awarded. [This act passed March 4, 1809.] INSURRECTIONS. An act in addition to an act, entitled "An act for the more speedy and effectual suppression of tumults and insurrections in the Commonwealth." Militia to be employ SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the au- ed in case, etc. thority of the same, That when any sheriff, or deputy sheriff, shall have any writ or other process, issued by competent authority of this commonwealth, to him directed, to be served and executed, and when any surveyor or other person, shall be ordered or empowered of the Supreme Judicial Court, or any Court of Common Pleas, to survey any land, and such sheriff or deputy sheriff, or surveyor, or other person, shall be obstructed, or interrupted in the performance of the duty or service required or enjoined by such order or precept, or shall apprehend that such order or precept cannot be obeyed or executed without endangering his personal safety, such sheriff, deputy sheriff, surveyor or other person, lawfully acting in obedience to any such process, or order of the courts aforesaid, may apply to any Justice of the Supreme Judicial Court, or to any two or more Judges of the Court of Common Pleas, in any county, and represent to such Justice or Judges the danger which is apprehended; and if such Justice or Judges shall be of opinion that such representation is well founded, he or they shall require of the commanding officer of any Brigade or Regiment, within the division of militia wherein such danger is apprehended, to detach, at the expense of the commonwealth, a sufficient number of the militia, to be specified in the order of such Justice or Judges, under the command of proper officers, to protect such sheriff, deputy sheriff, surveyor, or other person, in performance of his duty or duties, pursuant to the command contained in any such writ, precept, process, or order of court; and the part of the militia so detached, shall be armed and equipped, for actual service, according to law; and it shall be their duty to protect the aforesaid persons in the proper performance of their duties, as aforesaid; and to repel, by force, any attempt to obstruct the same; and also to seize, take and arrest, any person or persons who shall forcibly resist or oppose any officer, or suveyor, in the discharge of the duties aforesaid, or who shall aid or abet therein; and the persons so arrested, shall be brought before some justice of the Peace, within and for the county in which the offence may be committed, for examination; and it being made to appear to such justice, that the person or persons so brought before him, were concerned or engaged in opposing such officer, or surveyor, or their assistants, or in aiding or abetting those concerned therein, it shall be the duty of such justice, and he is hereby authorized and required to recognize such person or persons, as well as all necessary witnesses, to appear before the justices of the Supreme Judicial Court next to be holden within and for the county in which the offence shall have been committed; and in case of the neglect of such person or persons to find good and sufficient sureties, for their appearance at said court, the said justice shall make out his mittimus and commit them to prison; and on conviction of any person of either of the offences aforesaid, he shall be fined in a sum not exceeding one thousand dollars, be imprisoned for a term not exceeding one year, and find sureties to keep the peace and be of good behaviour for a term not exceeding three years, any and all of them at the discretion of the court wherein such offender shall be tried; and the justices of the Supreme Judicial Court, may, and they are hereby authorized, to order such convicts to be confined in the gaol of any county within this commonwealth, any law, custom or usage to the contrary notwithstanding. |