execution, dence shall be drawn up in the form of a report, and signed by the presiding judge; and, if the motion shall be founded on any alleged cause, other than the rulings and instructions of the judge to the jury, the evidence, as to the facts stated in the motion, shall be heard, examined and reported by the judge, and, in either case, the action shall be continued, to be heard on the motion before the whole court. The same chapter shall be further amended, by inserting, at the close of section, one hundred and four, the following words: Time of issuing. In which case, the first execution may be issued in not less than one year, and not more than two years from the time judgment was rendered. when defendant was out of the state and not notified. R. S. ch. 117. Shares in incorporated com SECTION 20. The one hundred and seventeenth chapter shall be amended, in section fifteen, by striking out the words, "in case of goods and chattels," and inserting instead thereof, the following words: "is provided in the nineteenth section"; so that the said fifteenth section, as amended, will be as follows: SECT. 15. If the property has been, and then is attached, the panies, ifattach- officer shall proceed in seizing and selling it on execution, in the same manner, as is provided in the nineteenth section. ed on the writ, may be sold on execution without further notice to the corporation. R. S. ch. 120. Survivorship of applications for review and ac SECTION 21. The one hundred and twentieth chapter shall be amended, by inserting, at the end of section, fifteen, the following words: Applications for review of actions, and actions of review. SECTION 22. The one hundred and twenty third chapter shall be amended, tions of review. by inserting, at the end thereof, three new sections, as follows: 1821, 59, § 27, 28. R. S. ch. 123. Supreme judicial court, on SECT. 11. When an appeal shall be claimed from the judgment of a district court, in any civil action, and, by reason of any mistake or accident, the appellant shall not duly enter his appeal, or the petition, may al- appellee shall not duly enter his complaint for affirmation of judglow entry of an appeal or com- ment, in the supreme judicial court, the court may, on the petition plaint which of the appellant or of the appellee, as the case may be, allow the was omitted appeal or the complaint to be entered at any other term of the court, held for the same county, upon such terms as they may deem just and reasonable; and, if the appeal or the complaint be so entered, the court shall proceed therein, as if it had been entered at the proper term. through mistake or accident. 1821, 57, § 6. District court may allow en try of an appeal or complaint, which was o mitted through mistake or ac cident. 1821, 57, § 7. Petitions there for limited to SECT. 12. When an appeal shall be claimed from the judgment of a justice of the peace, or a municipal or police court, in any civil action, and, by reason of any mistake or accident, the appellant shall not duly enter his appeal, or the appellee shall not duly enter his complaint for affirmation of judgment in the district court, the court may, on the petition of the appellant, or of the appellee, as the case may be, allow the appeal or the complaint to be entered at any other term of the court, held for the same county, upon such terms as they may deem just and reasonable; and, if the appeal or the complaint be so entered, the court shall proceed therein, as if it had been entered at the proper term. SECT. 13. No petition for the entry of any such appeal or complaint shall be sustained, unless it be presented to the court, or filed tachments and in the clerk's office, within one year after the term at which the one year. At same ought to have been entered; and no attachment made, and bail not continno bail taken, shall be revived or continued in force, by the entry the appeal. ned by entry of of any such appeal or complaint by the original plaintiff, as pro- 1821, 57, § 7. vided in the two preceding sections; but such attachment and bail shall remain discharged. SECTION 23. The one hundred and twenty fifth chapter shall be amended, R. S. ch. 125. by adding, at the end of the nineteenth section, the following words: When such mortgagee or person claiming under him, being out of the state, or whose residence is unknown, shall have proceeded according to the provisions of the fifth section of this chapter, for the purpose of foreclosure, the mortgager, or other person having a right to redeem, may file his bill or petition, as provided in section, sixteen, and may at the same time pay to the clerk of the court the sum due, and the court shall order such notice to be given as they may judge proper; and such payment shall have the like effect and force, as a tender of payment made before the commencement of the suit. If mortgagee or out of the state, bill in equity payment of redemption mothe court. his assignee be may be filed on ney to clerk of SECTION 24. The one hundred and fortieth chapter shall be amended, by R. S. ch. 140. inserting, at the end thereof, a new section, in the following words: may issue for arrested on Effect thereof. SECT. 38. When any insane person is arrested or imprisoned Habeas corpus on mesne process or execution in any civil suit, any judge of the discharge of an supreme judicial court or district court, or any judge of probate insane person, within his county, on application, may inquire into the case, and, if mesne process he think proper, may issue a writ of habeas corpus, and cause such or execution. person to be brought before him for examination; and, after notice to the creditor or attorney, if either be living in the state, and a hearing thereon, if it shall be proved to the satisfaction of said judge, that the person is insane, he may discharge such person from arrest or imprisonment; and, in that case, the creditor shall have a right to make a new arrest, upon the same demand, whenever such debtor shall become of sound mind. But, if such person be arrested on the same demand a second time before he becomes of sound mind, and be discharged again for the same reason, his body shall forever thereafter be exempted from arrest therefor. SECTION 25. The one hundred and forty fourth chapter shall be amended, R. S. ch. 144. in section, one, by striking out the words, "to her satisfaction;" so that the said first section, as amended, will be as follows: ow to sue for dower. SECT. 1. When a woman is entitled to dower, and it is not set Right of a widout to her by the heir or tenant of the freehold, according to the intendment of the law, nor assigned to her by the judge of probate, she may recover the same by a writ of dower, in the manner hereinafter prescribed. SECTION 26. The one hundred and fifty sixth chapter shall be amended, by R. S. ch. 156. adding at the end of the chapter, a new section, as follows: SECT. 16. Upon any conviction of burglary, robbery or larceny, Compensation unless it be before a justice of the peace for larceny, the court may prosecutor to for expenses of order a meet recompense to the prosecutor, and also to the officer, conviction, who has secured or kept the stolen property, not exceeding their and officer. actual expenses, with a reasonable allowance for their time and 1821, 7, § 16. trouble, to be paid by the county treasurer, and charged by him to the state. R. S. ch. 159. In case of insur rection, gover nor may detach SECTION 27. The one hundred and fifty ninth chapter shall be amended, by adding, at the close of the chapter, a new section, as follows: SECT. 14. Whenever an insurrection shall exist in this state, to obstruct the course of justice, or the due execution of the laws, the into actual ser- governor is hereby empowered to detach and call into actual service, such part of the militia, as in his opinion shall be adequate to suppress the same. vice an ade quate military force. 1821, 17, § 3. R. S. ch. 167. Convict sentenced for life ted, to be re tribution of his estate. 1337, 292, § 3. SECTION 28. The one hundred and sixty seventh chapter shall be amended, by adding, at the close thereof, a new section, as follows: SECT. 16. If any person shall, by due course of law, be under to the state pris- sentence of imprisonment for life in the state prison, either by comon and commit- mutation of a previous sentence, or otherwise, and shall be actually garded, as civ- imprisoned in pursuance of such sentence, then all contracts, of illy dead. Dis- whatever nature, to which such person shall be a party, shall be affected, changed or annulled, as effectually, and in the same manner, as they would be, if such person were actually dead: and such person shall cease to have any title to, or any interest in any estate, real or personal, and the same shall be treated, disposed of, and descend, in all respects, as if the death of such person had actually taken place at the time of such imprisonment; and all power and authority of whatsoever nature, which such person might lawfully exercise over any other person or persons, shall thenceforth cease, as if the person so imprisoned were dead. SECTION 29. The act entitled, "an act to repeal all the acts, which are consolidated in the revised statutes," passed October 22, 1840, shall be amended, by inserting at the end of the first section, the following words: Acts passed in the year 1821. An act concerning plates for printing bank notes. An act to enforce the payment of bank notes and for other purposes. An act making further provisions in respect to the banks within this state. An act directing the mode and time of making returns of, and enforcing the right to loans from the several banks in this state. An act to restrain unincorporated banking associations and for other purposes. Acts passed in the year 1825. An additional act concerning plates for printing bank notes. An act to prevent frauds in the business of banks, and of public offices and trusts. An additional act respecting banks. Act passed in the year 1831. An act to regulate banks and banking. Acts passed in the year 1832. An act additional to an act to regulate banks and banking. Acts passed in the year 1836. An act prohibiting the emission and circulation of bank bills of a small denomination, and certain other purposes. An act further regulating banks and banking. An act additional regulating banks and banking. Act passed in the year 1838. Act passed in the year 1840. An act suspending the operation of an act, entitled, "an act prohibiting the emission and circulation of bank bills of a small denomination and certain others," and of the fourth section of an act, entitled, "an act further regulating banks and banking." SECT. 30. All the provisions of this act, except the third sec effect. tion, shall take effect and be in force from and after the thirty first act shall take day of July, in the year one thousand eight hundred and forty one; and the provisions of the third section of this act shall take effect and be in force from and after the first day of January, in the year one thousand eight hundred and forty two. IN THE HOUSE OF REPRESENTATIVES, April 14, 1841. This bill, having had three several readings, passed to be enacted. Application and mode of organi zation. SECTION 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That the qualified electors of unincorporated places may organize themselves into plantations, for the purpose of elections, in the following manner:Any three or more of the inhabitants of any unincorporated place may apply, in writing, to one or more county commissioners of the county in which such place is situated, whose duty it shall be to issue his warrant to one of said applicants, directing him to notify and warn a meeting of the electors of said place, within such limits as shall be described in such warrant, at some specified central place, by posting up notice thereof and of its object, in two or more public places in said unincorporated place, seven days before the day of said meeting. And at the time and place appointed, a moderator Officers to be shall be chosen by ballot, whose duty it shall be to preside at chosen at the said meeting. And three assessors and a clerk shall also be chosen by ballot at the same time, who shall be sworn by the moderator or a justice of the peace. And the limits of all plantations, so Limits of planorganized, shall be described by said assessors, so chosen, and for- tation to be dewarded to the secretary of state, and by him recorded. first meeting. scribed and for warded to the state. SECT. 2. Be it further enacted, That said assessors shall make secretary of out an alphabetical list of all such inhabitants of said place, as shall appear to be qualified electors by the constitution of this state, or of the United States, and post up said list in two or more public List of voters to places in said unincorporated place, seven days at least next before be posted up the day of the election. They shall call a meeting of the inhabitants seven days beaforesaid, at some convenient and central place to be designated in tion. the warrant therefor, by posting up notice thereof seven days before Mode and time the day of election, which election shall be on the same day it is of calling the fore the elec meeting. Assessors to be in the class or county of which said place may be a part. ceive evidence of voters. And it in session to re- shall be the duty of said assessors to be present, at some convenof qualification ient place to be stated in the warrant calling the meeting, on the day of election, as long before the hour of meeting as they shall deem necessary, to receive evidence of the qualifications of electors, and to amend their list accordingly. Duty of asses Clerk to make a copy of the SECT. 3. Be it further enacted, That said assessors shall presors and clerk. side impartially at said meeting and receive the votes of all qualified electors present, sort, count and declare them in open plantation meeting, and in the presence of the plantation clerk, who shall form a list of persons voted for, with the number of votes for each person against his name, [and] shall make a fair record thereof in the presence of the assessors, and in open plantation meeting. And the clerk shall make out fair copies of the list of votes, and names of list of votes and voters, to be attested by the assessors and the clerk, and be sealed up in open plantation meeting, and cause the same to be delivered, within the time required by the constitution, to the respective authorities, whose duty it may be to receive the same. And votes, so thrown, shall be received and allowed for electors of president and vice president, for representative to congress, for governor, senators, representatives to state legislature, and county officers, in the same manner as votes thrown in any town in said class or county. names of voters, &c. Annual meeting March or April. Liabilities for neglect or mis SECT. 4. Be it further enacted, That the organization, as aforeto be holders in said, of any plantation, for the purpose aforesaid, shall continue, the assessors and clerk afterwards be chosen, and the meetings be called and held annually in March or April, in the same manner in all other respects, as in towns. And said officers of said plantation shall be liable to all the penalties for official neglect or misconduct, respectively, that selectmen and clerks of towns are, by law; and the voters of said place shall be liable to the same penalties, that the voters of towns are in like circumstances. conduct. SECT. 5. Be it further enacted, That this act shall take effect from and after its approval by the governor. [APPROVED OCTOBER 2, 1840.] PUBLIC LAWS Passed in the year 1841. Towns may authorize part of AN ACT IN RELATION TO ORNAMENTAL TREES. [CHAP. 107.] Be it enacted by the Senate and House of Representatives in their highway Legislature assembled, That the surveyors of highways are hereby tax, not exceed authorized, under the direction of the selectmen, mayor and alderto be expended men of their respective towns and cities, to expend an amount, not exceeding five per cent. of the tax committed to said surveyors for ing five percent. for ornamental trees. |