Chap. 10 Bail to satisfy the judgment, in case of the avoidance of the principal. Proviso. Persons recov ering judgment, entitled to a writ of scire facias against the bail. Proviso. Writ of scire facias to be served within one year after judgment. without a coffin, in the same manner as the Coroner in this AN ACT REGULATING BAIL IN CIVIL ACTIONS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That where bail is given on mean process in any civil action for the appearance of the party to answer the suit, and to abide the order and judgment of the Court thereon, every such person or persons who shall thus become bail, shall be obliged to satisfy the judgment out of his or their own estate, in case of the principal's avoidance and the return of non est inventus upon the execution. Provided nevertheless, That the bail may at any time. before final judgment upon the original suit, bring the principal into Court, and deliver him into the custody thereof, and be thereby discharged of their suretiship. And be it further enacted, That when the principal shall avoid, so that his goods, lands, or chattels cannot be found to satisfy the execution, nor his body found to be taken therewith, the person for whom judgment was given, shall be entitled to his writ of scire facias from the same Court against the bail: And in case no just cause is shewn, judgment shall be given against them for the damages and cost recovered against the principal, with additional damages and cost, and execution shall be awarded against them accordingly. Provided nevertheless, That if the bail shall bring their principal into Court before judgment is given upon the scire facias and there deliver him to the order of the Court, and shall pay the cost which may have then arisen upon the scire facias, then the bail shall be discharged; and the principal shall be committed to gaol, there to remain for the space of thirty days, in order to his being taken in execution. And if the creditor shall not within thirty days, next after the surrender of the principal, take him in execution, the Sheriff shall discharge him upon his paying the legal prison fees. And it is further enacted, That no scire facias shall be served upon the bail, unless it be done within one year next after the entering up final judgment against the principal. And it is further enacted, That the bail may have their remedy by action on the case against their principal, for all damages sustained by their becoming his sureties. June 30, 1784. Bail entitled to against the a remedy principal. Chap. 11 Whereas Thomas Robison, late of Quebec, in the Preamble. Province of Canada, and now residing at Falmouth, in the county of Cumberland, and Commonwealth aforesaid, has petitioned the General Court to be naturalized, and be thereby entitled to all the rights, liberties, and privileges of a free citizen of this Commonwealth; and it being probable he will be a useful member thereof: son naturalized. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the said Thomas Robison upon his taking Thomas Robithe oaths of allegiance and abjuration required by the constitution of this Commonwealth, before two Justices of the Peace, quorum unus, shall be deemed, adjudged and taken to be a free citizen of this Commonwealth, to all intents, constructions and purposes, as if he the said Thomas had been an inhabitant within this State at the time of making the present form of civil government. And it is further enacted, That the Justices before Certificate of whom the same oaths shall be taken, shall return a certifi- turned. cate of the same into the Secretary's office, to be placed on the records of this Commonwealth. oaths to be re June 30, 1784. 1784. - Chapter 12. [May Session, ch. 12.] AN ACT TO ENABLE THE INHABITANTS OF THE TOWN OF LONG- Chap. 12 Whereas the town of Springfield, by a vote of the said Preamble. town in October, seventeen hundred and seventy-two, did Inhabitants enhighways, &c. abled to lay out reserve to the inhabitants of the said town, a right to lay out highways in certain lands called the commons in the said Springfield, from the time of passing the said vote to the sixth day of November, seventeen hundred and eightyfour, which town of Longmeadow was then included in the said town of Springfield: And whereas the said town of Lo gmeadow was incorporated into a separate town in Öctober last, but the said privilege of laying out highways in the said lands in Longmeadow was not mentioned in the act of incorporation, whereby the inhabitants thereof suppose themselves excluded from the said right: And whereas by law all town highways laid out by the selectmen thereof, are to be accepted and approved at the annual March meeting in the said town, before the same can be established, which cannot be done by the said town before the time reserved for exercising the said privilege will be elapsed: For remedy whereof, Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the said town of Longmeadow, shall have all the right to lay out highways in the same town in the said commons, which the inhabitants of Springfield had, or have by the said vote of October, seventeen hundred and seventy-two, reserved to themselves of laying out highways in the commons in the said Springfield, and also to accept, approve and confirm the same at any legal town meeting in the said Longmeadow, before the said sixth day of November next, as fully and effectually to all intents and purposes as the same might have been done at any legal town meeting in the month of March; any law to the contrary notwithstanding. Chap. 13 AN ACT IN ADDITION TO, AND FOR THE EXPLANATION OF AN Preamble. ACT ENTITLED, "AN ACT LAYING DUTIES OF IMPOST AND Whereas doubts have arisen, respecting the true intent of the following words in the said act, viz. "That no discount, or remission of the impost levied by this act, shall be allowed on the aforesaid goods, wares and merchandize, after being entered or landed in any place within this Commonwealth, or on any other account whatever:" For the explanation thereof, impost to be goods taken Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no discount or remission of the impost No remission of levied by the said act, shall be allowed on any goods allowed on any whatever, after they shall have been taken out of the out of a vessel, vessel or float that brought them into this Commonwealth, except as proon account of their being exported, or on any other pretence whatever; except in cases as provided for in this and the act aforesaid: But on goods which shall not be taken out of the vessel or float which brought them into this Commonwealth, no impost shall be demanded. vided. tire, by water, Be it further enacted by the authority aforesaid, That Goods imported when any goods, wares or merchandize shall be imported by subjects of into this Commonwealth, after the passing of this act, other States belonging to a subject of any other State in the union, and be exported endesigned to be exported whole and entire to such State, not subject to by water only, if it shall appear by the manifest of the impost duties. cargo, when first lodged with the naval officer that the said goods, wares and merchandize (particularly designated by their marks and numbers) were intended for such exportation; and if the same shall be put and kept under the immediate care of the naval officer of the port into which they shall arrive from the time of their first arrival, till they shall be so exported; and if the owner or consignee shall cause the said goods, wares and merchandize, to be cleared out by the said naval officer, and shall have them entered at the naval office of the port into which they shall be transported; and shall, within the time. limited in the bond, (which is to be given in this case as in other instances) produce a certificate from the last mentioned naval officer, that the before mentioned owner or consignee has entered in his office, from on board the same vessel which cleared from the first mentioned office (naming her and the master thereof) the same goods, wares and merchandize (specifying the several boxes, casks and packages, with their marks and numbers) and shall also certify under oath, on the back of the said certificate, that he has not, since the passing of this act, caused to be exported or received, from any port in this Commonwealth, any goods on which an impost is laid, which was not paid or secured to be paid (knowing them to be such) saving what is by law exempted from such imposts; in every such case the collector shall cancel the bond which was given for the impost on such goods, wares and merchandize. Provided nevertheless, That no subject of any other State in the union, shall be intitled to the benefit of the foregoing provision, unless there be an act laying duties of impost of equal amount within such State; nor until the legislature of such State shall have passed a law, equally beneficial to the subjects of this Commonwealth, any thing herein to the contrary notwithstanding. Whereas by the fourteenth enacting clause of the said act, every licenced person was required to take an account of all excised articles in his or her possession, on the first day of August last, and to pay the excise thereon: In order to save from injury licensed persons in certain cases. the Be it enacted by the authority aforesaid, That when any licenced and permitted person, (other than importer or consignee) who purchased dutied articles previous to the first of August last, and had the same, or any part thereof, then on hand, shall distinctly state the same to the collector, in his excise account, specifying the names of the persons of whom, and the time when they were purchased; and shall also give the collector full and satisfactory evidence by oath, that he paid the duty on all such articles, agreeably to the act then in force: In such cases the collector shall not demand any farther excise on any such articles; except on the articles of lemons, raisins, porter, ale or beer, and hats, any thing in the said act to the contrary notwithstanding; but on the articles last mentioned, the duty which by the act now in force is required, shall be demanded and paid. Be it further enacted by the authority aforesaid, That the Clerks of the General Sessions of the Peace in the several counties in this Commonwealth be, and they are hereby required, yearly, and every year, during the continuance of the act last mentioned, or of this act, immediately after granting licences in their respective counties, to make return to the collectors of their respective counties, of the names and places of abode of all persons who shall in that year have been licenced therein. And the collectors of excise are hereby required to return to the Court of General Sessions of the Peace, |