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which said warrant shall by the officer who receives the same, be served on the party informed or complained against as aforesaid, at least seven days before the day in said warrant stated, as the day of trial, by giving such party in hand, a copy of such warrant, reading Forms of process. the same to him, or leaving a copy thereof at the last and usual place of the abode of such party; and if such party shall not appear at the time and place appointed, or appearing shall not show sufficient cause as afore. said, the said Justice shall proceed to render judgment in every such case, that the said Board of Health shall recover such sum in damages or as fine, as the case may be, as according to the provisions of this act, they ought by law to recover, with costs, and shall proceed to issue his execution therefor, in the same manner as executions issue from Justices of the Peace in civil cases triable before them; and such executions shall be served and made returnable in the same manner as executions in civil actions are by law served, and made returnable, which issue on judgment rendered in the Supreme Judicial Court of this Commonwealth: Pro- Proviso. vided, however, that in all such prosecutions as aforesaid, if the said Board of Health shall discontinue such prosecution, or become non-suit, or the same on the merits should be decided by such Justice trying such prosecution against them, in every such case, the said party informed against and complained of, shall recover his legal costs against said Board, which costs shall be paid by the Treasurer of the Town of Boston. And in every prosecution under this act, before any Justice of the Peace as aforesaid, the party complained against in such prosecution, being dissatisfied with the judgment in the same, given by such Justice, may appeal there- Appeals, from to the Boston Court of Common Pleas, next to be holden at Boston, within and for the County of Suffolk, after such judgment is so as aforesaid given, or rendered by said Justice; provided such appeal be entered within twenty four hours after such judgment is given as aforesaid; and the same proceedings in all respects relating to such appeal, shall be had as are by law required on appeals from judgments rendered in civil causes by Justices of the Peace in this Commonwealth; and on the entry of such appeal in said Court, the said

Costs.

Proviso.

Exemptions.

Court shall have cognizance and jurisdiction of the same, and shall proceed to hear and determine the same in the same manner, and award execution in the same way and manner as they have cognizance and jurisdiction, proceed to hear and determine and award execution in civil causes, on appeals to them from judgments given by Justices of the Peace in this Commonwealth. And in all cases of such appeals on prosecutions under this act, the party prevailing in the said Court shall recover his costs, to be paid in the manner prescribed in this section of this act: Provided, however, that no appeal shall be allowed or granted to said Court in any prosecution under the provisions of this act, where the amount of the judgment rendered and had before, and by any Justice of the Peace, shall not amount to more than Five Dollars, exclusive of costs. And all fines and forfeitures recovered by said Board of Health, under the provisions of this act, shall inure to the use of the inhabitants of the Town of Boston, and be accounted for by said Board of Health, to and with the Town Treasurer of said Town of Boston.

And provided, also, that in consequence of said appropriation of said fines and forfeitures, or the appropriation of any other monies by virtue of this act, no inhabitant of the said Town of Boston shall be disqualified as a Justice of the Peace, a witness or juror in any prosecution under this act, nor shall the said Board of Health, or any Member of the same, or any officer of the same, be rendered thereby incompetent witnesses in any prosecution under this act: and the Members of said Board of Health, while they continue in such office, shall be exempted from all militia duty, and every other duty and service, which by law the Selectmen of towns in this Commonwealth are exempted from: and all laws heretofore made relating to a Board Acts repealed. of Health in the Town of Boston, so far as they are inconsistent with or contrary to the provisions of this act, shall be, and the same are hereby repealed: Provided, however, that the election of the present Board of Health for the said Town of Boston, and all their doings under the said laws, are hereby confirmed, and they shall have and exercise all the powers and duties required or permitted by this present act; and provi

ded, also, that all prosecutions now pending, shall be proceeded in, in the same way and manner, as though this act had never been passed. And in all prosecutions under this act, the persons prosecuted may plead May plead the the general issue, and give any special matter in evi- general issue. dence under the same; and the complaint, information, pleadings or proceedings in any prosecutions under this act, may, by leave of Court, before whom the same is or may be pending, be amended in any state of such prosecution, without the payment of costs by either party.

[Approved by the Governor, June 20th, 1816.]

Assessors to be chosen annually

in the month of March.

AN ACT

FOR THE

Choice & Appointment of Assessors,

AND FOR

ASSIGNING THEIR POWERS AND DUTIES.

SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in the month of March, annually, at the same meeting when other town and district officers are chosen by the respective towns and districts in this Commonwealth, there shall be chosen, by the qualified voters then present and voting, or the major part of them, three, five, seven or nine meet persons, to be Assessors of all such rates and taxes as the General Court shall order and appoint such town or district to pay, towards the charges of the government, within the space of one year from the choice of such Assessors, unless the warrant for the assessment shall not be by them received before the first day of March succeeding; and in case of its being received afterwards, it shall be delivered to their successors in office, who shall be under the same obligations to make the assessment as their predecessors would have been under if they had seasonably received the same, who shall also be the Assessors of county, town and district taxes; and each Assessor so chosen shall, within the space of seven days next after being notified thereof, be sworn Assessors to be before a Justice of the Peace, or before the town or dis

sworn.

Their duty.

trict Clerk, to the faithful discharge of his duty, in the form hereafter prescribed; and the Assessors so chosen and sworn, shall assess the polls of, and estates within such town or district, their due proportion of any tax, according to the rules set down in the act for raising the same, and make perfect lists thereof, under their hands, or the hands of the major part of them, and com

mit the same to the Constable or Constables, Collector or
Collectors of their town or district, if any there be, other-
wise to the Sheriff, or his Deputy, with a warrant under
their hands and seals, in the form herein after directed,
and return a certificate thereof to the Treasurer or Re-
ceiver General of this Commonwealth, for the time being,
with the name of the Constable or Constables, Collector
or Collectors, Sheriff or his Deputy, to whom they shall
have committed the same assessment, with a warrant
as aforesaid to collect; and the said Assessors shall
also have their assessment recorded in the town or
district book, or leave an exact copy thereof, by them
signed, with the town or district Clerk, or file such copy
in the Assessors' office, where any such is kept, before
the same shall be committed to a Constable or Collec-
tor, the Sheriff or his Deputy, to collect, and at the
same time shall lodge in the said Clerk's office the
invoice and valuation, or a copy thereof, from whence
the rates or assessments are made, that the inhabitants,
or others rated, may inspect the same; and if any As- Assessors, after
sessor, after being chosen and notified to take the oath being chosen and
of an Assessor in the way and manner other town offi- ing to appear, or
cers are notified and summoned, shall neglect to ap- sworn.
refusing to be
pear, or appearing shall refuse to be sworn, he shall Penalty.
forfeit and pay the sum of five pounds, for the use of by complaint,
of the town or district respectively, to be re of Sessions.
the
poor
covered by their respective Treasurers, before the Court
of General Sessions of the Peace for the county in which
such town or district lies, by complaint, which for sub-
stance shall be as follows:

To the Justices of the Court of General Sessions of the
Peace for the County of to be held at
and for the county aforesaid, on the

of

next.

within Tuesday

[blocks in formation]

last, was

Complains A. B. Treasurer of the

C. D. of [addition] on the

notified, neglect

To be recovered before the Court

duly and legally chosen by the qualified voters of the Form of the comsaid to serve as an Assessor thereof, and that the plaint. said C. D. was notified to take the oath of that office as the law directs; yet the said C. D. has, for the space of seven days after being notified as aforesaid, neglected and still neglects to take the said oath, whereby he

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