criminal, pending in the same Court, in the counties of 1785. - Chapter 60. [February Session, ch. 21.] AN ACT TO SET OFF DANIEL FAY, ELISHA BEMIS, PHINEAS Chap. 60 BEMIS, JOHN LEONARD AND LYDIA PEIRCE, FROM THE Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the aforesaid Daniel Fay, Elisha Bemis, Phineas Bemis, John Leonard, and Lydia Peirce, together with the lands contained within the following lines, viz. : -Beginning at Southborough line at Stone's corner, so Boundaries. called; thence running south, six degrees west, one hundred and ninety poles, to a small white ash tree, by Sudbury river; thence running up said river by the same, until it comes to Southborough line; thence on said line to the first mentioned bound, be, and they are, hereby set off from the town of Framingham and annexed to the town of Southborough, there to do duty and enjoy privileges and the said inhabitants and lands shall be considered as belonging to the county of Worcester, and the two lines herein first mentioned shall be considered as lines betwixt the county of Worcester and the county of Middlesex. Provided always, That the persons and lands abovementioned shall be holden to pay all taxes which, before the passing of this act, have been legally assessed on them by the town of Framingham, in the same manner as though this act had not been passed. March 7, 1786. 1785. - Chapter 61. [February Session, ch. 22.] Chap. 61 AN ACT FOR ESTABLISHING THE TIMES AND PLACE OF HOLD Preamble. ING THE COURT OF COMMON PLEAS, AND THE COURT OF Whereas the town of Lenox, in the county of Berkshire, on account of its central situation, appears to be the most suitable place for holding the Court of Common Pleas, and the Court of General Sessions of the Peace within and for said county of Berkshire, and also the most likely to give general satisfaction to the inhabitants of said county: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That from and after the first day of January, in the year of our Lord, one thousand seven hundred and eighty-seven, the Court of Common Pleas, and the Court of General Sessions of the Peace, which have heretofore been held in the towns of Great Barrington and Pittsfield, in said county of Berkshire, be holden in the town of Lenox, within said county, on the same days as by law they have been accustomed to be held in the towns of Great Barrington and Pittsfield: and the said town of Lenox shall hereafter be considered as the shire town in the said county of Berkshire; any act or law to the contrary notwithstanding. Provided nevertheless, That this act shall take effect on condition that the town of Lenox advance the sum of Eight hundred pounds towards erecting convenient buildings, agreeably to their own stipulation with the said county of Berkshire, and not otherwise. March 9, 1786. 1785. Chapter 62. [February Session, ch. 23.] Chap. 62 AN ACT TO PREVENT TENANTS IN COMMON, JOINT TENANTS Penalty for cutting down or destroying any trees, &c. AND COPARCENERS, FROM COMMITTING WASTE, AND FOR Be it enacted by the Senate and House of Representatires in General Court assembled, and by the authority of the same, That if any person holding any lands in common and undivided, shall cut down, destroy or carry away any trees, timber, wood or underwood whatsoever, standing or lying on such lands, or shall dig up or carry off any stone or ore, or any other valuable matter, or make any other strip or waste thereon, without first giving notice in writing under his or their hands, unto all the persons interested therein, or to their agents, factors or attorneys, forty days before hand, setting forth that he or they have occasion for, and shall enter upon and improve such lot or lots of land lying in common as aforesaid, he shall forfeit and pay the sum of forty shillings for every tree measuring one foot diameter, at the distance of two feet from the ground, and for all trees of greater dimensions three times the value thereof, besides forty shillings as aforesaid, and twenty shillings for every tree or pole under the dimensions of one foot diameter, and for other wood or underwood so cut down, destroyed or carried away, treble the value thereof, and treble damages for any other strip or waste. The said forfeitures may be recovered by How recovered. any one or more of the persons interested in the same lands who may prosecute and sue for the same in an action of trespass in his or their own names, as well on the behalf of the other co-tenants except the defendant, without being held to name them in the writ, as of him or themselves, one moiety of the aforesaid penalties to be for the use of such person or persons who shall sue for the same, and the other to and for the use of all the co-tenants, excepting the defendant, in proportion to their respective interest in the land where the trespass hath been committed. lands, &c. as tenants in comcompelled to mon, may be divide the same. And be it further enacted by the authority aforesaid, That all persons having or holding, or that hereafter shall persons holding have or hold, any lands, tenements or hereditaments, as tenants in common, joint tenants or coparceners, may be compelled by writ of partition at the common law, to divide the same. And when any writ shall be brought and served at the suit of any one or more persons so interested in any lot or lots of land, tenements or hereditaments, or a petition shall be pending in Court for a partition. of the same, no person or persons whatsoever having a right or interest in any such lands, tenements or hereditaments, or holding any part or share of the same in common as aforesaid, while such suit or petition is depending, shall or may cut down, destroy or carry away any trees, timber, wood or underwood, stone or ore or other valuable matter Penalty for committing waste, before partition can be made. Manner heirs are to prosecute inheritance. whatsoever standing, growing or lying on or belonging to such lands, or shall otherwise hurt or damage any such lands, tenements or hereditaments, until partition can be made of the same according to law, on pain that every person or persons so offending shall incur the like forfeitures and penalties as are before in this act mentioned, to be recovered in like manner as beforenamed; and for such uses as are beforementioned and declared. And to prevent any doubts respecting the manner heirs are to prosecute in the Courts of law, for possession of inheritance descended to them from a common ancestor: Be it further enacted by the authority aforesaid, That in for possession of actions of waste, ejectment, or other real actions, where possession of the inheritance alleged to have descended, is the object of the suit, they may all, or any two or more of them join therein, or each one may prosecute for his particular share of such inheritance, and the same rule shall extend to joint tenants who are or may be disseized. How gifts, grants, and other convey. And whereas it often happens that estates in joint tenancy, are created against the intentions of the parties to gifts, grants, feoffments and other conveyances, and also of testators, through the want of the knowledge of the proper terms to create estates in common, and the latter estates are more beneficial to the Commonwealth, and consonant to the genius of Republicks: Be it further enacted by the authority aforesaid, That all gifts, grants, feoffments, devises, and other convey&c. made to two ances of any lands, tenements, and hereditaments, which ances of lands, or more per sons, shall be taken, deemed and adjudged. Proviso. have been, or shall be made to two or more persons, whether for years, for life, in tail or in fee, shall be taken, deemed and adjudged, to be estates in common, and not in joint tenancy, unless it has been or shall be therein said, that the grantees, feoffees or devisees, shall have or hold the same lands, tenements or hereditaments jointly, or as joint tenants, or in joint tenancy, or to them and the survivor or survivors of them, or unless other words be therein used, clearly and manifestly showing it to be the intention of the parties to such gifts, grants, feoffments, devises or other conveyances, that such lands, tenements and hereditaments should vest, and be held as joint estates, and not as estates in common. Provided nevertheless, where any estate has already vested in the survivor or survivors, upon the principle of joint tenancy, it shall be held in like manner, as it would have been held if this act had never been passed; any thing therein to the contrary notwithstanding. repealed, &c. And be it further enacted by the authority aforesaid, That the act entitled, "An act to prevent coparceners, Former act joint tenants and tenants in common, from commiting waste, and for making partition of their interest; and for abolishing the principle of survivorship in joint tenancy," passed March sixteenth, one thousand seven hundred and eighty-four, be, and hereby is, repealed. This act to be in force from and after the first day of June, Anno Domini, one thousand seven hundred and eighty-six. 1785. Chapter 63. [February Session, ch. 24.] March 9, 1786. AN ACT FOR ALTERING THE PLACE OF HOLDING ONE TERM Chap. 63 Whereas the extensive settlements and increased popula- Preamble. tion of the county of Lincoln, make it necessary to the convenience of the people, that an additional term of the Court of Common Pleas, and of the Court of General Sessions of the Peace, should be established in the said county, and that a more equal distribution of the said Courts, should speedily take place within the same: of holding Lincoln. Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the several Courts of Com- Times & places mon Pleas, and Courts of General Sessions of the Peace, courts in the within, and for the county of Lincoln, shall in future be county of holden at the times and places hereinafter mentioned, and not otherwise, any law to the contrary notwithstanding; that is to say, one session of each of the said Courts, shall in future be holden at Pownalborough in said county, on the first Tuesday of June, annually; one session of each of the said Courts, shall be holden at Waldoborough in the said county, on the second Tuesday of September annually; and that one session of each of the said Courts, shall be holden at Hallowell, in the same county, on the second Tuesday of January annually. And be it further enacted by the authority aforesaid, |