Interest not allowed after a tender has been made. Proviso. Tenders made after Jan. 1777, directions in this case. was repealed to all intents and purposes, and no provision is made in the said act of One thousand seven hundred and eighty-one, for the relief of persons who gave full credit to the paper currency then circulating, and received it in all payments without any discount, and having tendered the same to their creditors before the first day of January, One thousand seven hundred and seventy-seven, it has been refused by the said creditor or creditors, and they are now liable to pay the interest on the said debts notwithstanding the said tender, whereby many honest debtors will be greatly injured, having sunk nearly the whole of the principal by their creditors refusing to receive the money at that time, and are now liable to pay both principal and interest in specie, which is unjust, and may probably be the ruin of many valuable members of the community, if some provision is not made for their relief: Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That where an action or actions that hath or shall be brought by any person or persons in any Court of law within this Commonwealth, proper to try the same, for the recovery of any debt contracted before the first day of January, One thousand seven hundred and seventy-seven, and it shall be made to appear to the said Court, that a legal tender has been made of the same, before the said first day of January, One thousand seven hundred and seventy-seven, to the creditor, that then and in all such cases the Court before whom the said cause shall be tried, be, and they are hereby empowered and directed to make up judgment for the principal, and interest only to the time of the said tender being made, and not allow any interest on the said debt after the date of the said tender; provided it was made before the first day of January, One thousand seven hundred and seventy-seven ; and the original defendant or defendants in any action now depending in the Supreme Judicial Court, or either of the Courts of Common Pleas in this Commonwealth, when a tender has been made as aforesaid, may plead the same in such manner as if the said action had been commenced after the passing this act, and no continuance or appeal had taken place. And be it further enacted by the authority aforesaid, That in case a tender was made at any time since the first day of January, One thousand seven hundred and seventy seven, or at any time, to executors, administrators, agents, attornies, or to any other persons acting in trust, the same proceedings shall be had as in such case are directed by the law of this Commonwealth, passed in the year of our Lord, One thousand seven hundred and eighty, for establishing a rule of depreciation. March 11, 1785. 1784.- Chapter 58. [January Session, ch. 25.] AN ACT AGAINST ARSON, AND OTHER MALICIOUS BURNING. ing-houses by Chap. 58 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person, between sun setting and sun Burning dwellrising, wilfully and maliciously shall burn the dwelling night, deemed house of another, or any out building adjoining thereto, felony. or any other building by means of which a dwelling house shall be burnt, and be thereof convicted, such offender shall be adjudged guilty of felony, and shall suffer the pains of death. between sun-setting. And be it further enacted by the authority aforesaid, That if any person shall wilfully and maliciously, between Punishment sun rising and sun setting, burn the dwelling house of where the same another, or any out building adjoining thereto, or any sun-rising and other building by means of which a dwelling house shall be burnt; or that shall wilfully and maliciously, by night or by day, burn any barn, warehouse, shop, mill, malt house, out house, any public building, or other building whatsoever, or any ship or other vessel laying within the body of the county, and be thereof convicted before the Justices of the Supreme Judicial Court, such offender shall be sentenced to hard labour for term of life or years, be set in the pillory at one or more times or places, not exceeding three, be whipped at one or more times or places, not exceeding four times, be imprisoned, bound to the good behaviour, or fined, or to any or all of these punishments, according to the nature and aggravation of the offence. wilfully burn And be it further enacted by the authority aforesaid, That if any person shall wilfully and maliciously burn any Punishment for stacks of corn, hay, grain, straw, corn stalks, flax, fences, ing stacks of piles of wood, boards or other lumber, and be thereof con- hay, corn, &c. victed as aforesaid, such offender shall be sentenced to be Or for commusoil, grass, &c. nicating fire to whipped, fined, stand in the pillory, to be confined to hard labour, and be bound to the good behaviour, or to all or any of them, according to the nature and aggravation of the offence. And be it further enacted by the authority aforesaid, That if any person shall wilfully and maliciously make a fire with design to communicate the same to the soil, grass, trees, poles or under brush of any other, or shall wilfully and maliciously suffer any fire so to communicate, as that by means thereof damage to the amount of Ten pounds shall be done to the owner or owners of the soil on which such damage is done, and be thereof convicted as aforesaid, he shall be sentenced to be fined, imprisoned, confined to hard labour, or bound to the good behaviour, or to all or either of the said punishments, according to the nature and aggravation of the offence. March 11, 1785. Chap. 59 AN Preamble. Executions, how returnable. ter 1st May next, Proviso. 1784. Chapter 59. [January Session, ch. 26.] ACT IN ADDITION TO AN ACT PRESCRIBING FORMS OF WRITS IN CIVIL CAUSES, AND DIRECTING THE MODE OF PROCEEDING THEREIN. Whereas in the form of executions in civil causes, prescribed in the said act, no provision is made for ascertaining the times at which the said executions are to be returned: Therefore, be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That all executions issued upon any judgment in civil causes, shall be made returnable at such times as are provided by the several laws of this Commonwealth, any thing in the said form to the contrary notwithstanding. And be it enacted by the authority aforesaid, That in all Those issued af- cases where a writ of execution shall issue after the first how expressed.' day of May next, there shall be expressed therein the time and place when and where the same shall be returnable. Provided nevertheless, That all executions already issued since the passing of the said act, or which may be issued within thirty days after the first day of April next, agreeable to the said form, shall be good and valid in the law, to all intents and purposes. March 14, 1785. 1784. Chapter 60. [January Session, ch. 27.] AN ACT FOR EMPOWERING AND COMMISSIONING AGENTS, IN Chap. 60 BEHALF OF THE COMMONWEALTH OF MASSACHUSETTS, TO CONDUCT AND PROSECUTE THE CLAIMS OF THE SAID COM- Whereas the claims of the Commonwealth of Massachu- Preamble. setts to certain lands described in the petition of the legislature of the said Commonwealth to Congress, dated the twenty-seventh day of May, One thousand seven hundred and eighty-four, are controverted and disputed by the State of New York, for the hearing and determination of which controversy and dispute, a Court hath been mutually agreed to, and rightfully constituted and appointed, which Court is to be holden on the first Tuesday of June next, at which time the appearance of agents in behalf of the Commonwealth aforesaid, will be absolutely necessary: And whereas John Lowell, James Sullivan, and Theophilus Parsons, Esq'rs. have been duly appointed by this Court, agents for prosecuting the claims aforesaid: powered to Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the said John Lowell, James Agents emSullivan, and Theophilus Parsons, or either of them, be, conduct & prosand they hereby are invested with full power and author- ecute claims. ity, for and in behalf of the said Commonwealth of Massachusetts, to appear at the aforesaid Court, whensoever and wheresoever the same shall be holden; and at the same Court, to conduct and prosecute the claims of this Commonwealth to the lands aforesaid, to final judgment and letermination in such legal and regular methods as they may find most beneficial to the rights of this Commonwealth: And the agents aforesaid, or either of them, are Impowered to hereby further empowered (if they shall judge it will be employ counsel. for the interest of this Commonwealth) to employ Doctor Samuel William Johnson, of Connecticut, (or if by reason of his sickness or other unavoidable accident he shall be unable to attend, in that case they may appoint another person learned in the law, if they shall think fit) as counsel with them in the business aforesaid; and further, to suffer and do any other matter and thing necessary to the obtaining a just and legal determination and settlement of the dispute and controversy aforesaid. be delivered to the agents. And be it further enacted by the authority aforesaid, Commissions to That commissions in due form of law shall pass the seal of the said Commonwealth, manifesting and declaring the power and authority aforesaid, and be delivered to the several agents aforesaid, previous to their appearance at the said Court. March 14, 1785. 1784.- Chapter 61. [January Session, ch. 28.] Chap. 61 AN ACT TO AUTHORIZE THE TREASURER TO ISSUE CERTIFI Preamble. rected to issue certificates. CATES IN CERTAIN CASES. Whereas the payment of the army notes issued pursuant to an act passed the fifth day of July, Anno Domini, One thousand seven hundred and eighty-one, will be inconvenient, if not impracticable, in the manner provided in the tax act of the ninth of July last: And whereas issuing certificates in lieu of the said notes, may tend to expedite the payment of the said tax by a reciprocal exchange of property between individuals, in a manner consistent with justice: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the Treasurer di authority of the same, That the Treasurer be, and he hereby is directed, to issue to such person or persons as shall apply for the same, certificates of such denominations as he shall judge will best answer the end by this act proposed. Proviso. Form of the certificate. Provided nevertheless, That no certificate shall be issued as aforesaid for a less sum than Three pounds, in discharge of the army notes (so called) which are payable in the years One thousand seven hundred and eighty-four, and One thousand seven hundred and eighty-five, the payment of which is provided for in the said tax act, in manner and form following, viz. 178 No. TREASURER'S OFFICE, Boston, Pursuant to a law of this Commonwealth I do hereby certify, that there is due to or bearer the sum of and this certificate shall be received in payment of the State Tax granted in July, One thousand seven hundred and eighty-four, equal to the same sum in silver and gold. T. I. Treasurer. |