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Council to

person to receive

And be it further enacted, That the Governor, with Governor and advice of Council, shall appoint some suitable person to appoint some receive enlisting orders for raising the said regiment; and enlisting orders. the Major General of the division in which said regiment shall be raised, is hereby directed to give orders for the election of the officers of said regiment, as is provided by the militia laws of this Commonwealth for the electing the officers of the militia at large. February 17, 1786.

1785.- Chapter 48.

[February Session, ch. 10.]

AN ACT FOR REGULATING THE PROCEEDINGS IN ACTIONS OF Chap. 48

ACCOUNT.

Whereas the proceedings on actions of account are prolix, Preamble. and require amendment:

against whom

judgment shall

be given, refuse to appear, damassessed by a

ages to be jury.

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That upon a judgment rendered in When Persons any Court of Common Pleas, that the defendant shall account, it shall be in the power of the party against whom such judgment shall hereafter be given, to appeal therefrom, if such party shall think proper, before the same Court proceed to the appointing of auditors; and in case no appeal shall be made from the first judgment, that the defendant shall account, an appeal from the final judgment, after the cause has been before auditors, shall not entitle the original defendant to try the issue of bailiff or not bailiff before the Supreme Judicial Court; but the first judgment that the defendant shall account shall remain in full force; and he shall account accordingly. And in case the defendant shall not enter and prosecute his appeal from the first judgment, the same upon complaint may be affirmed: and auditors may thereupon be appointed in the same manner they would have been in the Court of Common Pleas, had no appeal been made from the first judgment.

And be it further enacted, That when any person against whom judgment shall be given, that he shall account, shall unreasonably refuse or neglect to appear at the time and place assigned by the auditors, or after appearing, shall refuse or neglect to render an account, the auditors may certify such refusal or neglect to the Court from which their appointment issued; and the same Court may thereupon cause damages to be assessed by a jury, and

enter up judgment for the damages so assessed, with reasonable costs, and award execution therefor; any law, usage or custom to the contrary notwithstanding.

February 17, 1786.

1785. Chapter 49.

[February Session, ch. 14.]

Chap. 49 AN ACT FOR NATURALIZING JAMES WAKEfield, ann wakE

Preamble.

James Wake

field and others, naturalized.

Certificate of

the oaths, to be returned into the Secretary's office.

FIELD, HIS WIFE, AND BENJAMIN WAKEFIELD, ANN WAKE-
FIELD, TERENCE WAKEField, and MARY WAKEFIeld, his
CHILDREN.

Whereas the said James Wakefield was born within this Commonwealth, but for fifteen years past has resided within the Province of Nova Scotia, and was out of the said Commonwealth at the time of forming the constitution thereof; and the said James having returned to dwell within the same, with his said wife and children, has petitioned the General Court that he and they might be naturalized:

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That upon the said James Wakefield's taking the oaths of allegiance and abjuration, required by the constitution of this Commonwealth, before two Justices of the Peace, quorum unus, he the said James Wakefield, together with Ann Wakefield his wife, and Benjamin Wakefield, Ann Wakefield, Terence Wakefield and Mary Wakefield, all minors and children of the said James Wakefield first mentioned, be, and they hereby are declared to be free citizens of this Commonwealth, and shall hereafter be considered, acknowledged and known, to all intents and purposes whatsoever as such, and be entitled to all the privileges and immunities of free citizens, in as ample a manner, as if they had been inhabitants in, and citizens of this Commonwealth, at the time of forming the constitution of the

same.

And be it further enacted by the authority aforesaid,
That the Justices before whom the same oaths shall be
taken, shall return a certificate of the same into the
Secretary's office, to be placed on the records of the
Commonwealth.
February 17, 1786.

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AN ACT FOR THE CHOICE AND APPOINTMENT OF ASSESSORS, Chap. 50

AND FOR ASSIGNING THEIR POWERS AND AUTHORITY.

chosen annu

March.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in the month of March annually, at the Assessors to be same meeting when other town and district officers are ally, in the chosen by the respective towns and districts in this Com- month of monwealth, there shall be chosen by the qualified voters then present and voting, or the major part of them, three, five, seven or nine meet persons, to be Assessors of all such rates and taxes as the General Court shall order and appoint such town or district to pay, towards the charges of the government, within the space of one year from the choice of such Assessors, unless the warrant for the assessment shall not be by them received before the first day of March succeeding; and in case of its being received afterwards, it shall be delivered to their successors in office, who shall be under the same obligations to make the assessment as their predecessors would have been under if they had seasonably received the same; who shall also be the Assessors of county, town and district taxes; and each Assessor so chosen shall, within the Assessors to be space of seven days next after being notified thereof, be sworn. sworn before a Justice of the Peace, or before the town or district Clerk, to the faithful discharge of his duty, in

the form hereafter prescribed; and the Assessors So Their duty. chosen and sworn, shall assess the polls of, and estates within such town or district, their due proportion of any tax, according to the rules set down in the act for raising the same, and make perfect lists thereof under their hands. or the hands of the major part of them, and commit the same to the Constable or Constables, Collector or Collectors of their town or district, if any there be, otherwise to the Sheriff, or his Deputy, with a warrant under their hands and seals, in the form hereinafter directed, and return a certificate thereof to the Treasurer or Receiver General of this Commonwealth, for the time being, with the name of the Constable or Constables, Collector or Collectors, Sheriff or his Deputy, to whom they shall have committed the same assessment, with a

warrant as aforesaid to collect; and the said Assessors shall also have their assessment recorded in the town or district book, or leave an exact 'copy thereof by them signed, with the town or district Clerk, or file such copy in the Assessor's office, where any such is kept, before the same shall be committed to a Constable or Collector, the Sheriff or his Deputy, to collect, and at the same time. shall lodge in the said Clerk's office the invoice or valuation, or a copy thereof, from whence the rates or assessments are made, that the inhabitants, or others rated, may inspect the same; and if any Assessor, after being chosen and notified to take the oath of an Assessor in the way and manner other town officers are notified and summoned, shall neglect to appear, or appearing shall refuse to be sworn, he shall forfeit and pay the sum of Five pounds for the use of the poor of the town or district To be recovered respectively, to be recovered by their respective Treasbefore the Court urers before the Court of General Sessions of the Peace for the county in which such town or district lies, by complaint, which for substance shall be as follows:

Assessors, after being chosen & notified, neglect

ing to appear, or refusing to be

sworn.

Penalty.

by complaint,

of Sessions.

Form of the complaint.

Same form may

be used to re

To the Justices of the Court of General Sessions of the Peace for the county of to be held at

Tuesday of

the

tion) on the

next.

of

day of

to serve

within and for the county aforesaid, on the Complains A. B. Treasurer of that C. D. of (addilast, was duly and legally chosen by the qualified voters of the said as an Assessor thereof, and that the said C. D. was notified to take the oath of that office as the law directs; yet the said C. D. has, for the space of seven days after being notified as aforesaid, neglected and still neglects to take the said oath, whereby he hath forfeited the sum of Five pounds for the use of the poor of the said wherefore your complainant prays that a warrant of distress may be issued against the said C. D. for the forfeiture aforesaid, in form and manner as the law directs. Dated at Anno Domini, 178 A. B. Treasurer.

the

day of

And the same form, mutatis mutandis, may be used in cover penalties the recovery of any penalty which may be incurred by any person chosen as a town, district, plantation, parish or precinct officer, who shall neglect to take the oath of

of other town officers.

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shall so refuse,

summon a

office as required by law; and the selectmen of every
such town or district, when any one or more of the When assessors
Assessors so chosen shall refuse as aforesaid, shall forth- selectmen shall
with, after notice thereof, summon a meeting of the quali- meeting for a
fied voters of such town or district, to chuse an Assessor new choice.
or Assessors in the room of such Assessor or Assessors
so refusing; which voters, so assembled, shall accord-
ingly chuse so many Assessors as shall be wanting to
compleat the number which the town or district, at the
time of the first choice, voted should be elected.

sions may remit

Provided always, That it shall be in the power of the Court of SesCourt of General Sessions of the Peace, for the same the penalty, if county, upon reasonable excuse made to them by any they see cause. Assessor that shall refuse to accept as aforesaid, to remit, if they see cause, the penalty aforesaid.

not chuse, or

Selectmen to be

assessors and

And be it further enacted, That if any town or district If towns shall shall not chuse Assessors as aforesaid, or if so many of assessors them so chosen shall refuse to accept, as that there shall recto accept, not be such a number of them as any town or district declared shall vote to be the Assessors thereof, then the selectmen sworn. of such town or district shall be, and hereby are declared and appointed the Assessors thereof; and every one of them shall be duly sworn to the discharge of the trust; and each Assessor shall be paid out of the town or dis- Assessors pay. trict treasury four shillings for each whole day he shall be necessarily employed in that service.

neglecting to

or assessors.

also where selectmen nor

And be it further enacted, That if any town or district Penalty for shall neglect to make choice of Selectmen or Assessors, chuse selectmen the said default being made known unto the Court of General Sessions of the Peace within the same county, such town or district shall forfeit and pay a sum not exceeding One hundred pounds nor less than Thirty pounds, as the Court of Sessions shall order, for the use of this Commonwealth; and in such case, as also where neither the In such case, as Selectmen nor Assessors chosen by any town or district shall accept the trust, or having accepted the trust shall not perform their duty, the Court of General Sessions of the Peace in the same county, shall be, and hereby are empowered to nominate and appoint three or more sufficient freeholders within such county, to be Assessors of the rates or taxes in such town or district as aforesaid, Their duty. which Assessors so appointed, after being duly sworn, shall assess the polls and estates within such town or district their due proportion to any tax, according to the

Csors ac to perform their of Sessions to

cept, or neglect

duty; the Court

appoint

assessors.

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