When actions are brought to the defendants may file their accounts. person who is an inhabitant of this Commonwealth, provided that the Court may upon motion, in consideration that the agent or attorney who indorsed the writ is not of ability for the purposes hereafter mentioned, order that the plaintiff shall procure a new indorser, and such new indorser shall be held in the same manner as if the indorsement had been made before the writ was served, and unless the plaintiff shall procure such new indorser when directed thereunto by the Court, he shall become non-suit, but no costs shall be awarded against him. And the plaintiff's agent or attorney who shall so indorse his name. upon an original writ, shall be liable in case of the avoidance or inability of the plaintiff to pay the defendant all such costs as he shall recover, and to pay all prison charges that may happen, where the plaintiff shall not support his action. And all goods and estate attached upon mean process for the security of the debt or damages sued for shall be held for the space of thirty days after final judgment to be taken in execution. And if the creditor shall not take them in execution within thirty days after judgment, the attachment shall be void. And be it further enacted, That when an action shall be recover debts, brought to recover a debt due on book accounts, an account stated by the parties, a quantum meruit, quantum valebat, or for services done upon an agreed price, the defendant may file any account he hath, in the Clerk's office seven days before the sitting of the Court of Common Pleas where the action is brought, or if the suit is before a Justice of the Peace the account shall be filed before the justice four days before the day of trial, and upon the general issue give the same in evidence against the plaintiff's demand. And if upon the trial it shall appear that there is a balance due to the defendant, he shall recover the same in the same manner as if he had brought his action therefor, and where a plaintiff shall at the same Court bring divers actions upon demands which might have been joined in one, he shall recover no more costs than in one action only. Personal or transitory ac in the county And be it also enacted, That when the plaintiff and tions to be bro't defendant both live within the Commonwealth, all personal or transitory actions shall be brought in the county. the parties lives. where one of the parties lives. And when an action shall be commenced in any other county, then as above directed where one of the writ shall be abated and the defendant allowed double costs. writs, &c. in the abated, &c. for And be it further enacted by the authority aforesaid, That no summons, writ, declaration, process, judgment, No summons, or other proceedings in the Courts or course of Justice Courts to be shall be abated, arrested, quashed, or reversed for any any errors. kind of circumstantial errors or mistakes when the person and case may be rightly understood by the Court, nor thro' defect or want of form only, and the Court on motion made may order amendments. to issue until. And be it further enacted, That execution shall not issue Executions not in any case, until the expiration of twenty-four hours after the entering up of judgment. October 30, 1784. 1784.- Chapter 29. [October Session, ch. 4.] AN ACT EMPOWERING THE INHABITANTS OF THE COUNTY Chap. 29 OF LINCOLN, EASTWARD OF UNION RIVER, TO CHOOSE A Whereas the inhabitants of that part of the county of Preamble. Lincoln, which lies eastward of Union River, are put to great difficulty in getting their conveyances of real estates properly recorded, and in effecting the distribution and settlement of the estates of deceased persons among them, as they are in such cases frequently obliged, at great expence and trouble, to travel to Pownalborough, where alone the office of Register of Deeds, and the Court of the Judge of Probate of Wills, and for granting letters of administration for the said county, are now kept and held: deeds to be Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That a Register of Deeds shall be Register of appointed in manner provided by law, within and for the appointed. district aforesaid, whose office shall be holden at Machias; and the inhabitants of the said district are hereby authorized and empowered to choose a Register of Deeds for the same district, in order to which, Alexander Campbell, Alexander Esquire, a Justice of the Peace within and for the said empowered to county, is hereby authorized and empowered to issue his warrant to the Selectmen of Machias, and to some prin call a meeting. Town Clerks to make return on oath. The Register to be sworn, &c. How long to continue in office. Records made by any other ter, to be void. cipal inhabitant of each of the plantations within the said District, directing the said Selectmen and principal inhabitants respectively, to call a regular meeting of the inhabitants of the said town and several plantations, qualified as the law directs for voting in town affairs, to meet in the said towns and plantations to which they respectively belong, as soon as conveniently may be, for the purpose of choosing a Register of Deeds for the same district. And be it further enacted by the authority aforesaid, That each of the Clerks of the town and plantations aforesaid, shall, as soon as may be after the said meetings and elections, respectively make return on oath to the Justices aforesaid, of the names of the persons voted for, with the number of votes which each person had, set against their names respectively, which returns shall by the said Justices be transmitted to the then next Court of General Sessions of the Peace to be holden within and for the said county; which said Court of Sessions shall examine the said returns, and declare the choice of the said Register in manner provided by law. And be it further enacted by the authority aforesaid, That the said Register when elected, shall be sworn, give bond, and be qualified for the execution of his office, in all respects, in manner as is provided by law for the obligating and qualifying of other Registers of Deeds. And be it further enacted by the authority aforesaid, That the said Register, elected and qualified as aforesaid, shall continue in his office during the term of five years next after he shall be declared to have been elected as aforesaid; and from and after the twentieth day of July next, shall be fully authorized and empowered to register and record all deeds of conveyance of any lands or other real estate lying within the said district, as are by law required to be registered and recorded; and the records of all deeds by him so registered and recorded, shall be good and valid to all intents and purposes. And be it further enacted by the authority aforesaid, That the records of any deeds of conveyance of lands or than the Regis other real estate lying within the said district, which after the said twentieth day of July shall be made by any other than the Register to be elected and qualified as aforesaid, shall be void and of no effect; and the said Register shall be entitled to demand and receive all such fees in the execution of his office, as Registers of Deeds are by law entitled to receive. bate to be held trict. And be it further enacted by the authority aforesaid, That a Court of Probate shall be held within the said Courts of Pro. District, and that some suitable persons be appointed in within the disthe manner the constitution directs for Judge and Register of the said Court, who from and after the twentieth day of July next, shall have power and authority to do and perform all the business which Judges and Registers of Probate by the law of this Commonwealth "for establishing Courts of Probate," have power and authority to do and perform. And be it further enacted by the authority aforesaid, That all probate of wills and letters of administration granted upon the estates of persons (who at the time of their decease belonged within the said district) and doings, after the said twentieth day of July, other than such as shall be done and made by the said Judge who shall be appointed as aforesaid, shall be void and of no effect. November 6, 1784. 1784.- Chapter 30. [October Session, ch. 5.] AN ACT REGULATING THE EXPORTATION OF FLAX SEED, POT Chap. 30 ASH, PEARL ASH, BEEF, PORK, BARRELED FISH, AND DRIED Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of be exported, un cleansed, &c. the same, That from and after the twentieth day of No Flax Seed to December next, no Flax Seed shall be shipped or exported less surveyed & out of this Commonwealth, but such as shall have been found to be well surveyed and found to be well cleansed and in good order, and in casks, each cask containing seven bushels and one peck, or in casks containing one half the said quantity each. Governor em powered to ap. point surveyors of Flax Seed. And be it further enacted, That the Governor, by and with the advice and consent of the Council, be, and is, hereby empowered to appoint, in such seaport towns within this Commonwealth as there shall be occasion, one or more skilful and disinterested person or persons, to be surveyors, for the surveying and proving Flax Seed, who shall be sworn to the due and impartial execution of their trust: And their duty shall be to inspect and survey Their duty. Ash shall be exported, unless assayed & found merchantable. all Flax Seed that shall be intended to be laden on board of any vessel for foreign exportation; and every such surveyor is hereby authorized to open the casks containing the said commodity, intended to be exported as aforesaid, and if need be, measure and shift the same into other casks, so as thoroughly to examine the whole, and see that it be clear from mixture of wild or other seed, or dirt, and of the measure aforesaid. And every cask containing the said quantity, which by such survey and examination shall, according to the surveyor's best judgment, appear to be cleansed as aforesaid, he shall mark or imprint with a burning iron, the following mark or letters, A. P. with the name of the town where it shall be thus approved, the name of the said surveyor at large, and the letter S. at the end thereof, denoting that the same has been surveyed and approved. And be it further enacted by the authority aforesaid, No Pot or Pearl That from and after the twentieth day of December next, no Pot Ash or Pearl Ash shall be shipped or exported out of this Commonwealth, but such as shall have been assayed and found to be of sufficient strength and purity, and to have those qualities in such degree of perfection as shall be ascertained and fixed by the Governor, with the advice and consent of the Council, as the standard of such Pot Ash and Pearl Ash as shall be deemed merchantable, and fit for exportation. Governor and point assay-mas and assaying Pot Ash, &c. Their duty. And be it further enacted, That the Governor and powered to ap. Council be, and they are, hereby empowered to appoint, ters, for proving in such seaport towns within this Commonwealth as there shall be occasion, one or more skillful and disinterested person or persons, to be assay-masters, for the proving and assaying Pot Ash and Pearl Ash, who shall be sworn to the due and impartial execution of their trust; and their duty shall be to inspect and assay all Pot Ash and Pearl Ash, that shall be brought to any such seaport town to be shipped; and every such assay-master is hereby authorized to open the casks or vessels containing those commodities, and to take out so much thereof as may discover the quality of the whole; and every cask or other vessel of Pot Ash or Pearl Ash, which by such assay shall be found to be good and merchantable, according to the rule or standard that shall be established as aforesaid, he shall mark or imprint with a burning iron, the following mark or letters, AS. D. with the name of |