serving the

Which summons shall be served upon the party com- Manner of plained against, by reading the same in his hearing, or by summons. a copy thereof left at his usual place of abode, fourteen days, exclusively, before the day of trial; and if the party shall not appear to defend, the Justices shall proceed to the inquiry, in the same manner, as if he were present; and when the Jury shall appear, the Justices shall lay before them, the exhibited complaint, and shall administer the following Oath, vizt.

FOREMAN'S OATH.

administered

You, as foreman of this Jury, do solemnly swear, that Oaths to be you will, well, and truly try, whether the complaint of to the Jury. now laid before you, be true, according to your

evidence, So help you God.

THE OTHER JURORS' OATH.

The same oath, which your foreman hath taken, on his part, you and each of you shall well and truly observe and keep,-So help you God.

And if the Jury shall find the complaint to be true, then they shall return their verdict in the form following:

FORM OF THE VERDICT.

Jury's verdict.

At a Court of Inquiry, held before R. S. and N. O. Form for the Esqrs. two of the Justices of the Peace within and for the said County of Quorum Unus, at D, in the said County of in the Year

of our Lord

that

the

of

upon the

day of

the Jury upon their Oaths do find,

at

and that the said

is a nuisance, and that the same, on or before day of with force and arms, unjustly and unlawfully was erected, or caused to exist, by with like force and arms unjustly and unlawfully still continues and keeps up the same nuisance: Wherefore the Jury find upon their Oaths aforesaid, that the said Nuisance ought to be abated and removed without delay.

And if, by accident or challenge, there shall happen not to be a full jury, the Sheriff shall fill the pannel, de talibus circumstantibus, as in other causes: - And if the Jury, after a full hearing of the cause, shall find the complaint

Sheriff to fill deficient in

the Jury, if

number.

In case of

acquittal de

costs.

laid before them supported by evidence, they shall all fendant to have sign their verdict in form aforesaid, otherwise the Defendant shall be allowed his legal costs, and have his Execution therefor under the hands and seals of said Justices. SEC. 3D. And be it further enacted, That if the Jury shall return their verdict, signed by the whole Pannel, that the complaint is supported, the Justices shall enter up Judgment for the complainant to have the nuisance abated and removed, and shall award their writ accordingly, in form following:

FORM OF THE WRIT OF REMOVAL.

Form of writ

for the removal

HSS:

COMMONWEALTH OF MASSACHUSETTS.

or to either of GREETING:

of a Nuisance. To the Sheriff of our County of

his deputies,

Whereas at a Court of Inquiry for abatement and removal of a nuisance, held at D, in our County of

upon the

Lord

day of before

in the Year of our Esquires, two Justices of the Peace for our said County of Quorum Unus, the Jurors impanneled and sworn by our said Justices, did return their verdict in writting, signed by each of them, that the aforesaid described as follows (as in the verdict) is a nuisance, and that the same on or before the

day of

at

with

force and arms and unjustly, and unlawfully was erected
and caused to exist by
of
and that
the said
with like force and arms unjustly, and
unlawfully still continues and keeps up the same nuisance;
whereupon, it was considered by our said Justices that the
said nuisance be abated and removed: We, therefore, com-
mand you that, taking with you the force of the County,
if necessary, you cause the said nuisance forthwith to be
abated and removed; and also that you levy of the goods,
chattels, or lands of the
the sum of

being costs taxed against him in the trial aforesaid, to-
gether with
being the sum estimated by the said
Justices as necessary costs which will arise in the abate-
ment and removal of said nuisance, together with thirty
three cents more for this writ, and also your own lawfull
fees; and for want of such goods, chattels, or lands of
the said

by you to be found, you are to take the

body of the said
and him commit to our Goal in
L, in our said County of H- there to remain untill he
shall pay the sums aforesaid, together with all fees on the
service of this writ, or untill he is delivered by order of
law; and make return of this writ with your doings
thereon, within thirty days next coming:

Witness our said Justices at D aforesaid the
day of
in the Year of our Lord

R. S.
N. O. S

Provided nevertheless, That the party complained against, An appeal as aforesaid, may, in person or by attorney, appear before the said Justices, and may there give in evidence, on the trial aforesaid, under the general issue, any special matter or thing of which he could avail himself under any special plea in the regular courts of Law; Provided also, That when judgment shall be entered up against him upon the verdict of the Jury aforesaid, he may there appeal from the Judgment of the said Justices to the next Supreme Judicial Court to be holden in the same County, which appeal, when so entered, shall stop all further proceedings of the said two Justices, and no writ on said Judgment, for abatement and removal, shall issue, except as herein after directed: And it shall be the duty of the person appealing, as aforesaid, from the Judgment of the said Justices, to procure attested copies of all the papers in said complaint, under the hands of the said Justices, and to enter his appeal at the next Supreme Judicial Court; and if he shall fail of so doing, the Judgment of the said two Justices shall be in full force against him, and they are hereby authorized and empowered, in such case, to issue their writ for abatement & removal in the same manner as if no appeal had been entered.

procedure on

SEC. 4. And be it further enacted by the authority aforesaid, That the said Supreme Judicial Court be, and Method of they hereby are authorized to take cognizance of said an appeal. complaint, and judgment, and to try, by the Jurors returned to serve in their said Court, on the Jury of trials, the truth of the facts alledged in said complaint, under the issue aforesaid, and if the said Jury shall find by their verdict, the facts alledged in said complaint to be true, the said Court are further authorized to cause, and order the said nuisance to be abated and removed, and to award

Costs & Fees.

not barred.

against the party complained of, such sums as may be necessary to defray the expence of removing said nuisance: But if the Jury aforesaid shall find that the facts alledged in said complaint are not supported, the party complained of, shall recover against the complainant his legal costs; and Execution shall issue accordingly. SEC. 5. And be it further enacted by the authority aforesaid, That the same costs shall be allowed by the said two Justices, and the Supreme Judicial Court, to parties and witnesses, as are allowed in the regular Courts of law, and that the said two Justices, Quorum Unus, shall have the same fees, and be allowed the same sums for the trial aforesaid, as are allowed to Justices in the process of forcible entry and detainer.

SEC. 6TH. And be it further enacted by the authority Private actions aforesaid, That the proceedings under this act shall not bar any party from having and maintaining their private actions for any injury which they may have sustained by reason of the premisses. Approved June 19, 1801.

1801.- Chapter 17.

[May Session, ch. 17.]

AN ACT REPEALING PART OF AN ACT, ENTITLED, “AN ACT
FOR REGULATING THE ALEWIVE FISHERY IN THE GULF
STREAM, SO CALLED, WHICH RUNS BETWEEN THE TOWNS
OF SCITUATE IN THE COUNTY OF PLYMOUTH, AND COHAS-
SETT IN THE COUNTY OF NORFOLK," PASSED THE FOURTH
DAY OF MARCH IN THE YEAR OF OUR LORD, EIGHTEEN
HUNDRED.

Whereas the beneficial effects, contemplated by the act aforesaid, have not been produced thereby:

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the aforesaid act, so far as it provides, that the Selectmen of the towns of Scituate and Cohassett, shall be Fish-Wardens, and so far as it respects, the opening Sluice-ways, through the Mill dams, that now are, or that hereafter may be erected, above the mill dam, erected by Elisha Doane and others, be, and hereby is repealed. Approved June 19, 1801.

1801.- Chapter 18.

[May Session, ch. 18.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
REGULATE THE INSPECTION OF BEEF INTENDED TO BE
EXPORTED FROM THIS COMMONWEALTH."

beef in tierces

SECTION 1ST. Be it enacted by the Senate & House of Representatives, in General Court assembled, and by the authority of the same, That from & after the passing of Package of this Act, it shall be allowable to pack & repack beef in authorized. tierces or casks of three hundred weight, under the direction of the Inspector General, or one of his Deputies, appointed by virtue of the act, to which this is an addition, who shall inspect & brand the same, according to the different denominations mentioned in the act aforesaid; & make return of the number of such casks in the same manner as is provided in said Act for barrels & half barrels. And it shall be the duty of the Inspector General Deputies. to appoint a sufficient number of Deputies in the several Counties in the Commonwealth to accommodate the citizens without any unreasonable delay: And it shall also be the duty of said Inspector & his Deputies to attend, as soon as may be, within twenty-four hours after request made, at any suitable place within the County where he resides, for the purpose of inspecting any quantity of beef exceeding thirty barrels. And it shall be their duty to see the same weighed, packed and salted.

used.

SECT. 2D. Be it further enacted, That two ounces of Salt petre to be salt petre be added to each barrel of mess beef intended for exportation in addition to the quantity required by the Act aforesaid, & that not more than two shanks be put in any barrel of cargo beef, number two.

make seizures.

SECT. 3D. Be it further enacted, That if the Inspector- Inspectors to General of beef, or any of his deputies, having information, or knowledge of any quantity of beef being laden in any port or place within this Commonwealth for exportation, in respect to which there shall not be a conformity to this Act, or the act aforesaid to which this is in addition, it shall & may be lawful for the said Inspector-General, or his deputy, to make seizure thereof forthwith, & to file a libel or information thereupon, in any court proper to try the [the] same: And upon trial of such beef so seized as aforesaid, in case a breach of this Act, or the Act afore