in which they shall respectively perform the duties by this act assigned to them, so as to insure a constant, prompt and punctual performance thereof, and to equalize the same, as near as may be, among themselves. And the said Justices, when assembled, shall have power to discharge from prison any person or persons, who may be Discharges from there held, for no other cause than the non-payment of fine and costs, if it shall appear to said Justices that such person or persons are poor and unable to pay the same: Provided, always, that when such person or persons are held under sentence of the Municipal Court, that the assent of the Judge of that Court, that such person or persons, shall be discharged, shall be first given.

Prison.

Pending suits.

SEC. 7. Be it further enacted, That all suits, actions and prosecutions, which shall be instituted, and which shall be pending before any Justice of the Peace, within the County of Suffolk, at the time when the said Police Court, and the said Court of the Justices of the County of Suffolk, shall have been organized, and shall have been duly qualified to perform the duties hereby assigned to said Courts, shall be heard and determined as though this act had not been passed.

SEC. 8. Be it further enacted, That the Court of Common Pleas. Common Pleas, holden within and for the County of Suffolk, shall have, exercise, and perform, all the powers and duties, which, before the passing of this act, were by law had, exercised, and performed, by the Court of Sessions in said county, with regard to streets and ways, and with regard to all other suits, processes, and proceedings whatsoever, in which a trial by jury may be had or required;-and such trial shall be had at the bar of said Court of Common Pleas, in the same manner as other civil causes are there tried, by the Jurors there returned and empannelled; and the Jury, to whom such cause may be committed, shall be taken to view the place in question, if either party shall request it. And all suits and processes, pending in said Court of Sessions, at the passing of this act, whereof cognizance and jurisTransfer of Suits diction is hereby given to the said Court of Common Pleas, shall be transferred to, and heard and determined in the said Court of Common Pleas, as though the same had been originated or instituted in said Court, in pur suance of this act.

Jury trials.

counts.

SEC. 9. Be it further enacted, That the Judge of Probate for the County of Suffolk, and the Judge of the Municipal Court of the Town or City of Boston, and the said Justices of the Police Court, shall be, and they hereby are constituted a Board of Accounts; and the Board of Aesaid Board shall assemble quarter yearly, and as much oftener as may be found necessary; and when so assembled, shall have power, and it shall be their duty, to adjust, liquidate, examine, and allow, all bills of costs, accounts and charges, which may be made, or which may arise in the course of proceedings in the said Police Court, and in the Municipal Court, and in the maintenance and keeping of the prisoners in the jail of the County of Suffolk, and of all other charges and expenses General powers. in keeping said jail, and of all other places of confinement and punishment, within the City of Boston; and the said Board of Accounts shall certify, that said accounts, charges, and expenses, have been examined and allowed by them-and the certificate of such examination and allowance shall be endorsed on the accounts exhibited to said Board, and shall be addressed to the public officer by whom such charges, fees, and expenses, may be payable by law.

Prisons.

SEC. 10. Be it further enacted, That the said Judges and Justices are empowered, and it is hereby made their duty, to assemble quarter yearly, and proceed to inspect the jail in the County of Suffolk, and all other places of Inspection of confinement and punishment for crimes, offences, or non-payment of fines or debts, and to make report of their proceedings to the Mayor and Aldermen of the City of Boston; and therein to state all grievances, mismanagement, and negligence, which they may find to exist; and therein to suggest such changes and improvements, as to them may seem wise and expedient. Any three or more of said Justices and Judges shall constitute a quorum for the performance of the duties hereby assigned to them. And the said Judges and Justices shall be entitled to have and receive, out of the City Treasury, the sum of three dollars respectively, for each Pay of Justices. and every day which may be by them devoted to the performance of the duties hereby assigned to them. SEC. 11. Be it further enacted, That the Court of

Sessions, within and for the County of Suffolk, be, and Court of Sessions the same is hereby abolished: And the Mayor and Al

abolished.

Treasurer.

Assessment of
Taxes.

Auditors.

dermen of the City of Boston, for the time being, shall have all the powers, and perform all the duties, which before, and until the passing of this act, were had and performed by the Court of Sessions, excepting as otherwise provided for by this act, or any other act relating to the transfer of the powers heretofore vested in said Court of Sessions.

SEC. 12. Be it further enacted, That the Treasurer of the City of Boston shall be, ex officio, Treasurer of the County of Suffolk; and shall keep all such books as may be proper and necessary, as Treasurer of the City of Boston, and as Treasurer of the county.

SEC. 13. Be it further enacted, That all taxes which may be assessed for city or county purposes, within the City of Boston, may be assessed separately, as county taxes and as city taxes, or under the denomination of city taxes only, as the city government may see fit, from time to time, to order and direct.

SEC. 14. Be it further enacted, That the City Government of the City of Boston shall have power and authority to provide for the appointment and compensation of one or more Auditors, and of one or more Clerks in the Treasury Department, as said government may find to be necessary or convenient.

SEC. 15. Be it further enacted, That it shall be the duty of the Mayor and Aldermen of the City of Boston, Places for hold to provide convenient and proper places for the holding of the Courts by this act established.

ing Courts.

Act repealed.

Conditional clause.

SEC. 16. Be it further enacted, That this act shall go into operation on and after the first day of June next; and that all acts and parts of acts, which are repugnant to the provisions of this act, be, and the same are hereby repealed.

SEC. 17. Be it further enacted, That this act shall be of no force or effect, unless a certain act, passed at the present session, entitled "an act establishing the City of Boston," shall be accepted by the inhabitants of the Town of Boston, pursuant to the provision therein made. And in case said act shall be so accepted, and that fact certified to His Excellency the Governor, by the Select

men of the Town of Boston, His Excellency is hereby authorized to announce the same by proclamation; whereupon this act shall be in full force, and go into operation at the time herein before limited.

[Approved by the Governor, Feb. 23d, 1822.]

AN ACT,

IN ADDITION TO AN ACT, ENTITLED AN ACT,

TO REGULATE THE

ADMINISTRATION OF JUSTICE

WITHIN THE COUNTY OF SUFFOLK,

AND

FOR OTHER PURPOSES.

Clerk also of the

SEC. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Clerk of the Police Court within and for the City of Boston, shall also be Clerk of the Justices' Court for the County of Suffolk. Clerk of the Pa All writs, summonses, and processes, issuing from said lice Court to be last mentioned Court, may be tested by either of the Justices' Court. Justices thereof, not a party thereto; and shall be signed by the Clerk. And said Clerk, or his Assistant, shall attend all sessions of said Justices' Court, and record all proceedings therein had. And said Clerk shall make out all writs and processes which the said Justices, or either of them, may order, and tax all bills of cost. And said Clerk shall receive and keep a true and faithful account of all fees taxable by law, and payable for blanks, fees of Court, and copies, in civil suits and actions; and render a true and just account thereof quarter yearly, to the Board of Accounts; and all sums of money by him

so received, shall be accounted for and paid into the City Treasury. And it shall be the duty of said Clerk to make a true and faithful record, according to law, of the proceedings in every trial and process, of a civil nature, which may be had before said Justices' Court. And said quarterly account of said Clerk shall be filed and recorded by the City Treasurer, as is provided in the fifth section of the act, providing for the administration of justice within the County of Suffolk, and for other purposes, to which this act is in addition. And said Clerk shall be sworn, give bond, and receive a compensation, as is provided in the fifth section of the act aforesaid.

SEC. 2. Be it further enacted, That so much of the act aforesaid as is inconsistent herewith, be and the same hereby is repealed.

[Approved by the Governor, June 15th, 1822.]