made out.

districts within this Commonwealth, to keep an accurate and Collectors to keep a list of true account of every person's name, from whom they shall names of those have received payment of a state or county tax, and of the who pay taxes. time of such payment, and, upon request therefor, to deliver to the person paying the same, a receipt, specifying the name of the person paying the same, and the time of such payment, which shall be received and considered as presumptive evidence thereof. And the said collectors shall hereafter, annually, fifteen days before the first Monday in March, make out and deliver to the selectmen of the town in which they reside, a true and accurate list of all persons from whom they shall, within the year then next preceding, have received any such payment, specifying the time of payment, or shall exhibit and deliver to the selectmen, the original account by them kept, of such payment. And the selectmen shall, at least ten days before the first Monday in March, annually, meet together, and make out alphabetical Lists to be lists of all the persons, qualified as is herein before provided, to vote for any of the officers aforesaid; and they shall, at least ten days before the first Monday in March, annually, cause such lists to be posted up, at two or more public places, in their respective towns or districts: And they shall be in session, for a reasonable length of time, within fortyeight hours next preceding all town and district meetings, for the choice of any of the officers aforesaid, for the purpose of correcting the aforesaid list of voters; and such session shall be holden, for one hour at least, on the day of such meeting, and before the opening of the same; and of the time and place of their meeting for this purpose, they shall give notice on the lists posted up as aforesaid. And it shall be the duty of the selectmen or moderator, to be provided with a complete list as aforesaid, at such election; and no person shall vote at any election, whose name shall not have No person to been previously placed on said list, nor until the selectmen or moderator presiding at such meeting, shall have opportu- the list. nity to find his name on the lists aforesaid.

vote, whose name is not on

sidence neces

sary, to vote in

SECT. 3. Be it further enacted, That every male citizen of this Commonwealth, who shall have resided in any town, district, or plantation, six calendar months, next preceding Six months re any meeting for the transaction of town affairs, and who shall, in all respects, be qualified as required in the first sec- town affairs. tion of this act, shall be entitled to vote at such meeting, upon all questions concerning town affairs; and no person not qualified as aforesaid, shall be entitled to vote therein.

answerable for omissions on

in case

SECT. 4. Be it further enacted, That the selectmen of Selectmen not any town, in case they shall have duly entered on the list of voters, the names of all such persons as are returned to lists of voters, them by the collectors, as having paid any tax within two years, shall not be held answerable for any omissions on said list, or for refusing the vote of any person whose name Evidence to be is not on the list, unless the said person whose name may be omitted, shall, before offering his vote, furnish the selectmen with sufficient evidence of his having the legal qualifications of a voter at said meeting, and request of the selectmen the insertion of his name on the list of voters.

furnished by

the person wishing to

have his name on the list.

Moderators of meetings not

liable, for re

SECT. 5. Be it further enacted, That the moderator of any town meeting shall receive the votes of all such persons, fusing votes of whose names are borne on the list of voters, as certified by the selectmen; and he shall in no way or manner be held liable for refusing the vote of any person whose name is not on the said list.

persons whose

names are not on the list.

SECT. 6. Be it further enacted, That any collector who shall neglect to return a list of persons, of whom he has received payment of any taxes, as required by this act, shall Forfeitures for forfeit and pay the sum of one hundred dollars for such neg

collectors'

neglect.

Repeal.

1811 ch. 9.

1802 ch. 116.

1813 ch. 68.

lect; and any collector, who shall make a false return, as regards any part of the list returned by him to the selectmen, shall forfeit and pay the sum of twenty dollars, for each and every name, in which the said collector may have made a false return; which penalties may be recovered by an action of the case, one half to the use of the town, in which the offence is committed, and the other half to the use of the person who sues for the same.

SECT. 7. Be it further enacted, That the first section of the act, passed on the eighteenth day of June, in the year of our Lord one thousand eight hundred and eleven, regulating the choice of town officers and town meetings, also," an act, in addition to an act, entitled an act, in addition to the several acts, for regulating elections, and for repealing the first section of said act," passed the seventh day of March, in the year of our Lord one thousand eight hundred and three, also, so much of an act, entitled "an act more effectually to secure the rights of suffrage," passed the sixteenth of June, in the year of our Lord one thousand eight hundred and thirteen, as requires any duty to be performed by assessors, be, and the same are hereby repealed.

SECT. 8. Be it further enacted, That this act shall be in force and take effect from and after the first day of June next. [Feb. 11, 1823.]

An ACT respecting Appeals from Judgments of the Court of Common Chap. 105.

Pleas.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the au-, thority of the same, That whenever any appeal shall be made pursuant to the provisions of the fourth section of an

recover double

act, entitled "An act to establish a Court of Common Pleas 1820 ch. 79. for the Commonwealth of Massachusetts," by any defendant, from any judgment of said court, in any personal action, in which the debt or damage recovered against such defendant shall not amount to one hundred dollars, and such debt or damages shall not be reduced on the appeal, the plaintiff Plaintiff may shall be entitled to recover double costs of suit on the ap- costs. peal, except so far as the same consist of cash paid as fees to witnesses, costs of depositions, jury fees, copies, and other court dues, which shall be taxed singly, according to law; and the same rules shall be applied to all cases where double costs are allowed by the act aforesaid: Provided, that Proviso in case nothing in this act, or the act to which this act is in addition, shall affect the right of either party to recover costs according to the event of the suit in the court appealed to, in any personal action in which the sum demanded shall exceed the sum of one hundred dollars, when the judgment appealed from shall be rendered on an issue in law, in which leave is reserved to plead anew in the court above by one party, and assented to by the other party on record.

of law ques

tions, and leave reserved

to plead anew.

act repealed.

SECT. 2. Be it further enacted, That so much of the Part of former fourth section of the act aforesaid, as affects the case of an appeal made by any defendant, be, and the same is hereby repealed. [Feb. 11, 1823.]

An Act to incorporate a Religious Society, by the name of the Boston Chap. 106. Society of the New Jerusalem. [Feb. 11, 1823.]

An Act in addition to an Act, entitled "An Act establishing the City Chap. 107.

of Boston."

1821 ch. 110.

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 act establishing the city of Mayor and Boston, be so far altered and amended, as to vest all the aldermen to be powers and duties of surveyors of highways for said city, in highways. the mayor and aldermen of said city.

SECT. 2. Be it further enacted, That the said mayor and aldermen be, and they are hereby authorized to appoint the

surveyors of

Mayor and aldermen to appoint places for meetings.

Time for com

of voters.

place of meeting for the inhabitants of any ward or wards in said city, without the limits of the ward in which such inhabitants dwell, in any adjoining ward, when in the opinion of the mayor and aldermen, the inhabitants can be more conveniently accommodated, than they can be within the limits of their respective wards: Provided, that a distinct place of meeting shall be appointed for the inhabitants of every ward.

SECT. 3. Be it further enacted, That the lists of all the pleting the lists citizens of each ward, qualified to vote in any election, shall be completed before sunset the day previous to every election; and when the election shall happen on Monday, the said lists shall be completed before sunset on the Saturday evening preceding; and that after the delivery of such lists to the clerks of the respective wards, no name shall be placed on such lists.

Police officer may be elected

SECT. 4. Be it further enacted, That the mayor and alfrom the board dermen of said city may elect the officer of police from their own board, if they see fit.

of aldermen.

Act to be void,

in thirty days.

SECT. 5. Be it further enacted, That this act shall be void, unless adopted unless the inhabitants of the city of Boston, at a legal meeting called for that purpose, shall, by a written vote, determine to adopt the same within thirty days. [Feb. 11, 1823.] Further add. act-1821 ch. 49.

Annual tax.

Chap. 108. An Act to apportion and assess a Tax of Seventy Five Thousand Dollars, and to provide for the reimbursement of Twenty Thousand Four Hundred and Eighty Dollars, paid out of the Treasury to the Members of the House of Representatives, for their attendance the two last sessions of the General Court. [Feb. 11, 1823.]

Chap 109. An Act to incorporate certain persons by the name of the Boston and Concord Boating Company. [Feb. 11, 1823.]

Chap. 110.

Cause of ac

tion, in trover and replevin, to survive.

An ACT further regulating Actions of Replevin and Trover. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all actions of replevin and trover shall be taken and deemed to be actions, of which the cause doth survive, and shall and may be prosecuted or defended, to final judgment and execution, by and against the executor or administrator of any deceased person, in the same manner as the same might have been by their testators or intestates respectively, during their lives. And in case either of the parties shall die, during the pendency of any action of reple

vin or trover, the executor or administrator of such deceas

sentatives to

ed party shall be permitted and allowed, on motion, to ap- Parties' reprepear and prosecute, or defend such action, to final judgment prosecute and and execution; or in default of such voluntary appearance, defend. upon the suggestion of the death of such party, and due citation to such executor or administrator, it shall be his duty to appear and prosecute, or defend such action. And in case such executor or administrator shall fail to appear, upon the due service and return of such citation, the court before whom such action is pending shall have the same power to proceed therein, and render judgment, by nonsuit or default, as in other civil actions.

SECT. 2. Be it further enacted, That in case judgment, in any action of replevin, shall be recovered by the executor or administrator of any sheriff, coroner, or other civil officer, for the return of any goods, chattels, or other property, which may have been taken or attached on mesne process or execution, or by the executor or administrator of any trustee, carrier, depositary, or other person claiming a special property in such goods or chattels, to hold for the use and benefit of another, such goods and chattels shall not be taken and deemed to be assets in the hands of such executor or administrator, but shall, together with all monies recovered as damages for the taking thereof, deducting the charges and expenses of such recovery, be held, appropriated, delivered over, and restored to any persons having a general property or beneficial interest therein, or for whose use and benefit the same are recovered and held, or otherwise disposed of, in the same manner as the same should have been done, had such judgment been rendered in the lifetime of such testator or intestate.

Goods recoversentatives of officers, &c. in

ed by repre

actions of re

plevin, not to

be deemed assets

recovered

SECT. 3. Be it further enacted, That whenever judgment for a return shall be rendered against the executor or administrator of any plaintiff, in any action of replevin, the goods, nor after chattels, and other property, for the return of which judg- judgment is ment shall be so rendered, shall no longer be taken and against them. deemed to be assets in the hands of such executor or administrator; and in case such goods or chattels shall have been included in the inventory of the estate of such testator or Executors may intestate, it shall be a good discharge therefor to such execu- be discharged tor or administrator, to show such judgment for a return, judgment. and the actual return and restoration of such goods, at the appraised value thereof, in pursuance and satisfaction of such judgment.

by showing