ter the first day of July next, all leases at will and tenancies Determination at sufferance, of any lands or tenements within this Com- of tenancies at will, &c. monwealth, may be terminated by either party, after giving to the other party three months notice; and where the rent for such lands and tenements is due and payable more frequently than quarterly, the notice shall be sufficient if it be equal to the interval between the times of payments thereof: Provided, nevertheless, that in all cases of neglect, or refusal, to pay the rent due and in arrear, fourteen days notice to the tenant or occupant shall be sufficient: And pro- Proviso. vided further, that nothing in this act contained, shall prevent landlords from pursuing their rights and remedies, by the common [and] statute law as now existing in this Commonwealth.

rent reserved

by deed.

22

SECT. 5. Be it further enacted, That where the lessors or grantors of any estate of freehold or term of years, or their executors, administrators, or assigns, shall be entitled to recover any annual rent against the lessees or grantees of Assumpsit for any such freehold or term of years, their executors, administrators, heirs, grantees, or assigns, by virtue of any reservation, in any deed or lease, or other contract (whether such deed, or lease, or contract, contain a clause of distress or reentry for nonpayment of such rent or not) may have andmaintain an action of indebitatus assumpsit therefor, upon an account annexed, in which shall be summarily set forth the date of the 'deed, lease or other contract, and the premises out of which, or for which, and also at what time, such rent became due and payable. And such action may in all cases same court, in which any other

be brought and tried in the
action of assumpsit might be brought for the like sum. And

set off.

the defendant in any such action may give in evidence, under Evidence and the general issue, any payment or other matter of defence, showing that the sum demanded, or any part thereof, is not due; and may also set off against the said rent, any demand which he may have against the plaintiff, in the same manner as in any other action of assumpsit. [Feb. 15, 1826.]

An Act authorizing Senators and Representatives to administer Oaths Chap. 90.

and Affirmations in certain cases.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That members of the Senate and the House of the Senators and Representatives, while acting as chairmen of committees of Representathe legislature, be, and hereby are authorized to administer nister oaths.

tives to admi

oaths and affirmations to such witnesses as shall be examined
before the committees to which they belong.
1826.]

[Feb. 15,

Chap. 91. An ACT to incorporate the Proprietors of Butler's Row, in the City of Boston. [Feb. 16, 1826.]

Chap. 92.

Costs on appeal from a justice.

An Act regulating Appeals in certain cases.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever the plaintiff, in any civil action, shall hereafter appeal from a judgment of a justice's court, rendered in his favour, and shall not recover a greater sum at the court appealed to, he shall be allowed one-quarter part as much cost as damage, and no more. [Feb. 22, 1826.]

Chap. 93. An Act to incorporate the Salem Society for the Moral and Religious instruction of the Poor, in the town of Salem, in the county of Essex. [Feb. 22, 1826.]

Chap. 94. An Act in addition to an Act, entitled "An Act empowering the Centre School District, in the town of Worcester, to raise money." [Feb. 22, 1826.]

1823 ch.57.

Chap. 95.

Chap. 96.

An ACT to incorporate the Lynn Printing Company. [Feb. 22, 1826.] An ACT to incorporate the Newton Theological Institution. [Feb. 22, 1826.]

Chap. 97.

An ACT to empower the Inhabitants of the town of Charlestown to choose Assistant Assessors. [Feb. 22, 1826.]

Chap. 98.

An Act to establish the Wareham Cotton Mill Company. [Feb. 22, 1826.]

Chap. 99.

An Act to incorporate the Boston and Sandwich Glass Manufacturing Company. [Feb. 22, 1826.]

Chap. 100.

An Act to authorize Seth Knowles to dispose of certain real estate in Charlestown, and to invest the proceeds thereof in other real estate. [Feb. 22, 1826.]

Chap. 101. An ACT to unite the towns of Dighton and Wellington, in the county of Bristol. [Feb. 22, 1826.]

Chap. 102. An ACT to incorporate the Roxbury Colour and Chemical Manufactory. [Feb. 22, 1826.]

An Act in addition to an Act, entitled "An Act in addition to the several Acts regulating the Inspection of Beef and Pork intended to be exported from this Commonwealth."

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, all salted beef and pork, imported into this State, which has been duly inspected in the State in which said beef and pork was packed, shall not be subject to a re-inspection in this Commonwealth, any law to the contrary notwithstanding. [Feb. 23, 1826.]

Chap. 103.

1920 ch. 34.

An Act to incorporate the Second Congregational Society in North- Chap. 104. ampton. [Feb. 28, 1826.]

An Act for abolishing the punishment of Whipping within this Com- Chap. 105.

monwealth.

abolished.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no person, convicted of any offence, before any court of this Commonwealth, shall ever be punished Whipping by whipping; but the court, having jurisdiction of the case, may, and shall, sentence such convict to a fine, to the use of the Commonwealth, not exceeding two hundred dollars, or to imprisonment for a term not exceeding six months, according to the aggravation of said offence. [Feb. 28, 1826.]

An Act in addition to the several Acts for the due regulation of Chap. 106. Weights and Measures.

1799 ch. 60.

in banks to be sealed, once in

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That hereafter the directors of the several banks, which are, or shall be incorporated in this Commonwealth, Weights used shall, once in five years, in the month of June, at the expense of said banks, have all the weights, used in their re- 5 years. spective banks, compared, proved, and sealed by the treasurer, or by some person specially authorized by him for that purpose, agreeably to the provisions of an act, entitled

"An Act for the due regulation of Weights and Measures," 1803 ch. 141. passed the ninth day of March, one thousand eight hundred and four. [Feb. 28, 1826.]

Chap. 107. An ACT for altering the time of holding the Courts of Common Pleas,

in Nantucket and Dukes County.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Courts at Nan- act, the Court of Common Pleas, which is now, by law,

tucket

Courts in

holden at Nantucket, on the fourth Monday of October, shall be holden, at said Nantucket, on the first Monday of October, annually.

SECT. 2. Be it further enacted, That the term of the Court of Common Pleas, which is now, by law, holden at Edgartown, in and for the county of Dukes County, on the Dukes County. last Monday of October, annually, shall be holden at said Edgartown, on the second Monday of October, annually, any law to the contrary, notwithstanding. [Feb. 28, 1826.]

Chap. 108. An Act in addition to an Act, entitled "An Act to incorporate the President, Directors, and Company of the Bunker Hill Bank." [Feb. 28, 1826.]

1825 ch. 53.

Chap. 109.

Tender and payment of money into court.

for two years

before process.

Proviso.

An Act relating to the support and regulation of Mills. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any person, who shall hereafter, by erecting or maintaining a mill-dam, cause damage to another, by overflowing his lands, may make tender, and pay money into court, in the same manner as is now provided by law, in cases of contract and of actions thereon.

SECT. 2. Be it further enacted, That the jury, in assessDamage only ing the damages occasioned by overflowing lands, as aforesaid, shall not take into consideration any damage done more than two years previous to the commencement of the process under which said damages are assessed: Provided, nevertheless, that the provisions of this section shall not apply to any person who, having already sustained damage by the overflowing of his lands, as aforesaid, shall commence his process for obtaining the same, within two years from the passing of this act.

Repeal.

1824 ch. 153.

SECT. 3. Be it further enacted, That the fourth section of an act relating to the support and regulation of mills, passed the twenty-sixth day of February, in the year of our Lord, one thousand eight hundred and twenty-five, be, and the same is, hereby, repealed. [Feb. 28, 1826.]

An Act to alter the times of holding the Supreme Judicial Court.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the term of the Supreme Judicial Court, which is now by law to be holden at Concord, for and within the county of Middlesex, on the fourth Monday of March annually, shall hereafter be holden at said Concord, on the second Tuesday of April, annually; that the term of said court, which is now by law to be holden at Greenfield, for and within the county of Franklin, on the first Tuesday of September annually, shall hereafter be holden at said Greenfield on the second Tuesday of September, annually; that the term of said court, which is now by law to be holden at Northampton, in the county of Hampshire, and for the counties of Hampshire, Franklin and Hampden, on the fourth Tuesday of September annually, shall hereafter be holden at said Northampton, in said counties of Hampshire, Franklin, and Hampden, on the Monday next preceding the fourth Tuesday of September, annually.

Chap. 110.

SECT. 2. Be it further enacted, That the term of said court, which is by law now to be holden at Cambridge, on the second Tuesday next after the fourth Tuesday of September, for and within said county of Middlesex, shall hereafter be holden at said Cambridge on the third Tuesday next after the fourth Tuesday of September annually; that the term of said court, which by law is now to be holden at Plymouth, in the counties of Bristol, Plymouth, Barnstable and Dukes County, and Taunton, alternately, on the third Tuesday next after the fourth Tuesday of September annually, shall hereafter be holden at the same places alternately, on the fourth Tuesday next after the fourth Tuesday Courts. of September annually; that the term of said court, which by law is now to be holden at Dedham, for and within the county of Norfolk, on the fourth Tuesday next after the fourth Tuesday of September, shall hereafter be holden at said Dedham, on the fifth Tuesday next after the fourth Tuesday of September annually; that the term of said court, which by law is now to be holden at Salem, for and within the county of Essex, on the fifth Tuesday next after the fourth Tuesday of September, shall hereafter be holden at said Salem, on the sixth Tuesday next after the fourth Tuesday of September annually; and that the term of said court, which by law now is to be holden at Boston, for and within the county of Suffolk, on the sixth Tuesday next after the