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indictment and pe
SECT. 2. Be it further enacted, That if any person or
Persons disguising persons shall disguise himself, or themselves in the like-themselves liable to ness of Indians, or in any other manner with intention to in
nalty. obstruct the execution of the laws of this Commonwealth, or shall disguise himself, or themselves, with intention to intimidate, or inturrupt any sheriff, deputy sheriff, surveyor, or other person, in the legal performance of duties, or exercise of rights, under the constitution or laws of this commonwealth, such person or persons, so disguised, shall be liable to indictment in the Supreme Judicial Court ; and every person who shall be convicted of such offence, shall be fined in a sum not less than twenty dollars nor exceeding five hundred dollars; and shall be imprisoned in the common gaol of the county in which the trial may be had, for a term of time not exceeding one year, and shall be required to find surety for his or their good behaviour, for the term of one year, after the expiration of his or their imprisonment.
Sect. 3. Be it further enacted, That if any commanding officer of a brigade or regiment, shall refuse, or wilfully neglect to execute any orders which he may receive as aforesaid, to detach the militia under his command, or if any officer detached, shall refuse to march according to the orders which he may receive, for the support of the civil authority aforesaid, he shall be tried by a court martial, and shall be liable to indictment in the Supreme Judicial Court; and on conviction, shall be fined in a sum not less than three hundred dollars, nor exceeding one thousand dollars.
SECT. 4. Be it further enacted, That if any non-com- Soldiers refusing to missioned officer or private, shall refuse to march, or per- march liable to ir form the duty required of him by his superior officer or officers, in pursuance of this act, such non-commissoned officer or private, shall be liable to indictment; and shall, on conviction, in the court of Common Pleas, or Supreme Judicial Court, befined in a sum not exceeding three hundred dollars, nor less than twenty dollars ;, and if any such person or persons, of the last mentioned description, shall desert from the service, on which he or they may be employed in pursuance of this act, such person or persons shall be fined as aforesaid, on conviction as aforesaid, and in addition to such punishment, shall be imprisoned not exceeding one year, nor less than thirty days,
Sect. 5. Be it further enacted, That this act shall be in When to take effect. force from and after the first day of June next.
[This act passed March 6, 1810.] VOL. IV, 21
LIMITATION OF ACTIONS.
An act for the limitation of certain real actions, and for the equita
ble settlement of certain claims arising in real actions.
Sect. 1. Be it enacted by the Senate and House of ReClaiins limited,
presentatives, in General Court assembled, and by the authority of the same, That from and after the first day of January, which will be in the year of our Lord one thousand eight hundred and twelve, no person shall sue, or maintain any writ of right, or make any prescription, title or claim to any lands, tenements or hereditaments, or to any rents, annuities, or portions issuing therefrom, upon the possession or seizin of his or their ancestor or predecessor, beyond the term of forty years, next before the test of the same writ.
Sect. 2. Be it further enacted, by the authority aforesaid, Estate demanded must have been held That from and after said first day of January, that no pera certain time.
son shall sue, have, or maintain any writ of entry upon disseizin done to any of his ancestors, or predecessors, or any action possessory upon the possession, of any of his ancestors or predecessors, for any lands, tenements or hereditaments, unless the ancestor or predecessor, under whom the demandant shall claim, shall have been seized, or possessed of the lands, tenements or hereditaments, demanded within thirty years next before the test of the same writ, or bringing such action.
SECT. 3. Be it further enacted, by the authority aforesaid, Value of estates claimed may be as That where any action has been, or may hereafter be certained.
commenced against any person, for the recovery of any lands or tenements, which such persons now hold by virtue of a possession and improvement, and which the te. nant or person, under whom he claims, has had in actual possession for the term of six years, or more, before the commencement of such action, the jury which tries the same, if they find a verdict for the demandant, shall (if the tenant request the same) also inquire, and by their verdict ascertain the increased value of the premises, at the time of trial, by virtue of the buildings and improvements made by such tenant, or those under whom he may claim; and (if the demandant shall require it) what would have been the value of the demanded premises, had no buildings or improvements been made by such tenant, or those under whoin he may claim, and if during the term in which such verdict may be given, the demandant shall make his election on record, in open court, to abandon the demanded premises to the tenant, at the price estimated by the jury as aforesaid, if the tenant shall not pay into the clerk's office of the said court, for the use
of the demandant, the sum with the interest thereof, at v
Writ to issue in case. which the demanded premises shall be estimated by the jury, within one year next after the verdict shall have been given, a writ of seizin shall issue in favour of the demandant for possession of the premises demanded with the improvements ; but if the demandant shall not so make his election on record as aforesaid, no writ of seizin or possession shall issue on a judgment founded on such verdict, unless the demandant shall within one year from the rendition thereof, have paid into the clerk's office of the same court, or to such other person, as the court may, on motion for that purpose appoint for the use of the tenant, or the person or persons justly entitled thereto, such sum with the interest thereof as the jury shall have assessed for buildings or improvements as aforesaid, and a new action for the recovery of the same premises shall not be sustained in any court, unless the demandant shall first have paid to the tenant, all such costs as would have been taxed for him, had he prevailed in the first suit, and in case the demandant shall abandon the premises aforesaid, and the tenant shall pay into the clerk's office, the sum of money, at which they shall have been estimated as aforesaid, for the use of the demandant, the tenant and his heirs shall have a good title to the same premises, against the demandant and his heirs forever; but should the tenant or his heirs afterwards be evicted therefrom, by a higher or better title of any claimant or claimants, if he shall have duly notified the original demandant, to aid him in the defence of such suit, and actually admit him to aid accordingly, such tenant or his legal representatives shall be entitled to receive and recover back the same money, with the lawful interest thereof from hiin, her or them, who shall have had the use and benefit thereof, in an action for money had and received to the use of such tenant: Provided nevertheless, that nothing herein contained, shall extend to any action which is or may be commenced by any mortgagee, his heirs or assigns against mortgager, his heirs or assigns, nor to any action which may be instituted against any person who shall hereafter enter upon any lands, without a license from the owners of the soil.
SECT. 4. Be it further enacted, That no tenant against whom judgment shall be rendered in any case, where the value of the buildings, and improvements has been ascertained as aforesaid, shall unnecessarily cut any wood, or take any timber from off the premises recovered against him, her, or then, or make any strip or waste thereof, and such tenant shall be liable to answer therefor in the same way and manner he would have been, had posses,
Jurors to be uninterested,
sion actually been delivered in execution of such judgment.
Sect. 5. Be it further enacted, That no person shall be allowed to sit upon a jury for the trial of any such action where the value of the buildings and improvements are to be ascertained, or the value of the premises to be estimated by the verdict, were such person shall be interested in a similar question, either as proprietor or occupant ; but the same shall be good cause of challenge to such juror, any law, usage or custom to the contrary notwithstanding.
[This act passed March 2, 1808.]
PARISH AND PRECINCT.
An act in addition to an act, entitled “ An act regulating Parishes,
Precincts, and the Officers thereof."
WHEREAs it has been the usage of many parishes Preamble.
in this commonwealth, to notify parish meetings by posting up warrants in public places within such parishes, and doubts may arise with respect to the legality of such meetings :
Sect. 1. BE it therefore enacted by the Senate and House Inhabitants to notify of Representatives, in General Court assembled, and by the
authority of the same, That the inhabitants of each parish within this commonwealth, qualified to vote in parochial affairs, shall have power at any legal meeting, to agree upon the mode of notifying all future meetings of such • parish.
Sect. 2. And be it further enacted, That all parish Manner of calling meetings.
meetings, which have heretofore been notified, or which shall hereafter be notified by posting up warrants in public places, within the bounds of such parish or precinct, . where no other mode of notifying has been or shall be agreed upon by such parish, shall be deemed to be legal meetings, and their votes and proceedings shall be good and valid : Provided such meetings, votes and proceed. ings, shall be conformable to law in all other respects :
Provided also, that nothing herein contained shall be conProviso.
strued to affect any suit or process instituted before the passing of this act.
[This act passed Feb. 28, 1808.]
and regulating the office of Sheriff.
Gaoler to hold bis presentatives, in General Court assembled, and by the au- ctacle thority of the same, That in case of the death of the Sheriff of any county, any gaoler, by him specially appointed, shall continue in the office of gaoler, and retain and have the custody, rule and charge of the gaol of which he had the custody, rule and charge, under such Sheriff, and of all prisoners within such gaol, or who may be afterwards committed to his custody, until a successor to such deceased Sheriff shall be appointed and qualified as the law directs; or until the Governor, by and with the advice of the Council, shall remove such gaoler and appoint another person ; which removal and appointment, the Governor, by and with the advice of the Council, is hereby authorized to make. And the gaoler so appointed, shall give such bonds and in the same manner, as is required of a Sheriff, for the faithful performance of the duties of his office; and shall continue in office during the vacancy in the office of Sheriff.
Secr. 2. Be it further enacted, That the defaults or In case of defaults, misfeasances in office, of any gaoler, or deputy-sheriff, after the death or resignation of any sheriff, by whom he was appointed, shall be adjudged a breach of the condition of the bond given by such sheriff: Provided, how
Proviso. ever, that this act shall not be construed to make any surety, in any such bond, which has heretofore been given by such sheriff, liable to any suit which could not heretofore be legally prosecuted against him.
And, whereas, doubts have arisen respecting the authority and duty of deputy-sheriffs, to execute such precepts as may be in their hands at the time of the accru. ing of a vacancy in the office of sheriff in certain cases: Therefore,
Sect. 3. Be it further enacted, That in every case of a vacancy in the office of sheriff in any county, by death, resignation, removal, or otherwise, every deputy-sheriff, in office under such sheriff, having any writ or precept in his hands, at the time of such vacancy, shall have the same authority, and shall be under the same obligation to serve, execute, and return such writ or precept, as if such sheriff had continued in office.
[This act passed Feb. 24, 1809.]