of agents, Fourth-He shall, within the year for which he is chosen, per- CHAP. 160. form all the duties required of him by law, and if he refuses or relating to duties neglects so to do, as far as practicable, the municipal officers on amended. complaint of any inhabitant of the district, and after due notice and investigation, may appoint a special agent to discharge such duties, who shall be duly sworn, have all the powers and perform all the duties of school agent for the district. SECT. 9. All acts and parts of acts inconsistent with this act Inconsistent are hereby repealed, and this act shall take effect when approved. Approved March 22, 1870. acts repealed. Chapter 160. An act amendatory of "an act to amend chapter two hundred and twenty-four of the laws of eighteen hundred and fifty-six, relating to the charter of the State Agricultural Society," approved March first, eighteen hundred and seventy. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section two of "an act relating to the charter of the State Agricultural Society," appproved March first, eighteen hundred and seventy, is hereby amended, so as to read as follows: 'Sect. 2. At each annual meeting of said society it shall elect by ballot a president, secretary, treasurer, trustees and other necessary officers.' SECT. 2. This act shall take effect when approved. Approved March 22, 1870. Chapter 161. An act relative to the selection and empaneling of juries for the trial of civit causes and criminal cases other than capital. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: juries. SECT. 1. A jury for the trial of each civil cause and of every Empaneling of criminal case other than capital, shall be empaneled in the manner hereinafter provided, and all acts and parts of acts inconsistent herewith are hereby repealed. SECT. 2. When any such civil or criminal case is in order for trial, and before proceeding to its trial, the clerk, under the direction of the court, may, at the request of either party, place the names of all jurors who are legally summoned and in attendance, and not engaged in the trial of any other cause, separately upon Proceedings in civil and criminal capital. cases except 126 Right to challenge. ACTIONS AGAINST EXECUTORS AND ADMINISTRATORS.—INJUNCTIONS. CHAP. 162. tickets in a box, and the names shall be drawn from the box by the clerk, after having been thoroughly mixed, one at a time, for the purpose of constituting a jury; and each party shall have a right peremptorily to challenge two jurors; but all peremptory or other challenges and objections to a juror drawn, if then known, shall be made and determined and the juror sworn or set aside before another name is drawn, and so on until the panel is completed. A new jury shall be thus drawn for the trial of each and every cause; and after the panel is thus completed the presiding justice shall appoint one of their number to be foreman for the trial of the case to be tried by that jury. Act to take effect SECT. 3. This act shall take effect on and after the first day of May, in the year of our Lord 'one thousand eight hundred and seventy. Approved March 22, 1870. Public laws 1869, chap. 9, relating executors and administrators, limited. Chapter 162. An act additional to "an act respecting actions against executors and administrators," approved February third, eighteen hundred and sixty-nine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The act entitled "an act additional to chapter eightyto actions against seven of the revised statutes," approved February third, eighteen. hundred and sixty-nine, is hereby amended, by adding thereto the following words, to wit: This act shall not apply to any case where the executor or administrator resides out of this state at the time of the bringing of the action.' SECT. 2. This act shall take effect when approved. Approved March 22, 1870. Second arrest for not bailable. Chapter 163. An act relating to injunctions. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Whenever a judge of the supreme judicial court shall contempt of court order a writ of attachment to be issued against any person for contempt in refusing or neglecting to obey any decree, decision or order of said court or of any member thereof, returnable to the next term, and such person has been arrested and given bail thereon, according to the rules of said court for practice in chan- CHAP. 164. cery, if such person shall afterwards, before the next term of the court, again violate the said decree, order or decision, a second writ of attachment may be issued, upon proper proceedings therefor, returnable to the next term, on which he shall not be bailable. SECT. 2. This act shall take effect when approved. Approved March 22, 1870. Chapter 164. An act additional to chapter forty-six of the revised statutes, concerning corporations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Any corporation established by the laws of this state, at a legal meeting of its stockholders, may vote to change its name and adopt a new one; and when the proceedings of such meeting, certified by the clerk thereof, are returned to the office of the secretary of state to be recorded by him, the name shall be deemed changed, and the corporation under its new name, shall have the same rights, powers and privileges, and be subject to the same duties, obligations and liabilities as before, and may sue and be sued by its new name; but no action brought against it by its. former name shall be defeated on that account, but on motion of either party, the new name may be substituted therefor in the action. SECT. 2. This act shall take effect when approved. Approved March 23, 1870. Corporations change their authorized to name. Chapter 165. An act for the preservation of certain birds. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Penalty for killing certain birds ber first and February first. SECT. 1. Whoever takes, kills, destroys or pursues with the intent of killing, destroying or taking with dogs, guns, traps, nets, between Septem snares, pitfalls, or any other device or contrivance whatsoever, any of the birds commonly known as larks, robins, partridges, grouse, swallows, quail, woodcocks, sparrows or snipes, except between the first day of September and the first day of February, he shall forfeit for every such bird not less than five nor more than CHAP. 166. ten dollars, to be recovered by complaint before any municipal or police court or trial justice, one-half for the use of the complainant and the other to the use of the town where the offence is committed. Possession of birds above men evidence of unlawful killing. SECT. 2. Whoever shall have in his posssession any of the tioned prima facie birds mentioned in the preceding section, except between the first day of September and the first day of February, such person shall be deemed to have killed the same, and shall be liable to the same penalties prescribed in the preceding section. Public laws 1858, SECT. 3. Chapter eleven of the public laws of eighteen hundred chap. 11, relating and fifty-eight is hereby repealed. to the preserva tion of birds, repealed. SECT. 4. This act shall take effect when approved. Approved March 23, 1870. Proceedings in action for breach of covenant against incum brance of right of dower. Chapter 166. An act additional to chapter eighty-two of the revised statutes, relating to proceedings in court. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: In an action for a breach of covenant against incumbrances contained in a deed of real estate, when the incumbrance is a right of dower, if such dower has been assigned and not released, the value thereof shall be the measure of damages; but if it has been demanded and not assigned, on application of the plaintiff, the court shall cite the claimant of dower to appear and become a party by personal service made fourteen days before the term of court to which it is returnable; if she does not appear, or if she appears and refuses to release such right of dower, the court shall appoint three commissioners to assign the same, who shall proceed in the manner provided for commissioners appointed by the probate court; and when their report is made and accepted by the court it shall be a legal assignment of dower, and the value thereof shall be the measure of damages in said action. Approved March 23, 1870. Chapter 167. An act additional to section fifty-two of chapter eighty of revised statutes, relating to sheriffs. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section fifty-two of chapter eighty of revised statutes is hereby amended by adding thereto as follows: 'And no person employed by any sheriff, jailor, or other person in charge of any prison or jail in this state, in the capacity of turnkey, clerk, or in any other capacity about such prison or jail, shall hereafter exercise any of the duties, powers or privileges pertaining to any magistrate of this state, nor act as attorney for any person confined in such prison; and any such act, so done by any such person in the capacity of such magistrate or attorney, shall be void.' Approved March 23, 1870. Chapter 168. An act to authorize towns to provide books for the use of pupils in the public schools. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Towns, cities and plantations, are hereby empowered to raise money to provide school books for the use of the pupils in their public schools, at the expense of said town, city or plantation, or to furnish them at cost to the pupils; and all money raised and appropriated for that purpose, shall be assessed in the same manner as that in which other moneys raised for lawful purposes are assessed. Cities, towns and authorized to books. plantations, purchase school school committee authorized to books. purchase school SECT. 2. Whenever the superintending school committee shall Superintending have made a selection of school books as is required by law, they are hereby authorized under the preceding section to contract with the publishers for the purchase and delivery of the same, and shall make such rules as they may deem reasonable and effectual for the preservation and return of the school books thus provided; or if kept for sale, shall regulate the same, by appointing some suitable person as agent to have and to sell, and the retail price shall be fixed by them and marked upon the title page of each book. SECT. 3. This act shall take effect when approved. Approved March 23, 1870. |