Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1825-05-11

public auction all his said estate, goods, effects
and credits, and pay the proceeds thereof t,
| the said creditor on account of his said exc
cution. Prorided, hoicerer, that said debto
may divide the money arising from the sale Of
his estate, goods, effects, and credits, among
all his just creditors, and pay them in proper.
tlon to the sums respectively due them, at the
time of the service of the execution upon
him.
SEC. a. Be 1t further enacted, That il the
said debtor is taken in execution in the coun-
ty Of Suffolk, he shall apply to the Justices
Court, and if taken in any other county, to
some Justice Of the Quorum, and within thir-
ty-hve days from such taking, he shall present
a petition to said Court or magistrate, stating
all the facts and circumstances necessary to
entitle him to the benefit of this act. And the
Court or magistrate shall the:eupon issue a
summons to the creditor, notifying him Of the
time and place appointed for the hearing Of
said petition, which shall be served upon the
creditor, his agent or attorney, fourteen days,
at least, before the time appointed for said
hearing. And if the creditor shall not appear
to answer to said petition, the facts set forth
therein shall be considered by the Court or
magistrate to be true, but if said creditor shall
appear, he may answer said petition by any Gt
and proper plea in writing, and any issue join
ed shall be tried in the same manner as in 9TH
er civil actions; except, that the debtor may
be called as a witness and compelled to pro-
duce all books and papers relating TO his con-
Germs.
SEC. S. Be 1t further enacted, That if it
shall appear to said Court or magistrate, that
said debtor is unable to pay the sum due
or the execution served upon him, and that
the judgment on which it issued was founded
upon contract made with reasonable pros
pect of performance, or upon an involuntary
trespass, and the inability Of the said debtor to
pay,i the result OF unavoidable losses or other
misfortuncs, and that he has sold and disposed
Of his property according to the provisions of
this act, said Court or magistrate shall order
and adjudge that said debtor shall be discharg-
ed from imprisonment on said execution, and
his body thereafter shall never be liable to ar
rest for the same cause Of action. But if it
shall appear that the judgment for which said
debtor is on execution, was founded upon
voluntary trespass, or upon contract made
without any reasonable prospect OF perform
ance, and he shall be unable to pay the sum
due on said execution, or shall be unable TO pay
any execution served upon him, in conse-
quence of idleness, extravaganza, gambling,
dissipation, intemperance, or fraud, said Court
or magistrate shall order him to be committed
to the house of correction, for time not less
than thirty days, nor more than one year.
SEC. 6. Be ii further enacted, That either
party dissatisfied with the decision of such
Court or magistrate, may appeal to the Court
of Common Pleas in the manner as in other
civil actions tried by said Court or by Justices
OF the Peace.
h. Senate, February rs, 1895.
Referred to the first session Of the next Cen
eral Court, and ordered to be published in all
the papers authorized to publish the laws Of
the Commonwealth.
Attest, PAUL WILLARD, Clerk.
AN ACT in addition to an act entitled,
s'an act in addition TO an act to relieve
towns from the expences of persons impris-
oned for debt"
BE ID enacted by the Senate and House
of Representatives. in General Court as
sen,bied, and by The authority Of the same,
That when any person shall hereafter be con-
fined in close prison upon the surrender Of his
bail, he shall be entitled to all the benefits se-
cured to persons confined on mespe process OF
execution, as specified in the act to which this
is an addition, provided ,however,tha the bail
shall support the principal surrendered, in pris-
on, until he shall notify the creditor, his or her
attorney, Of the time Of the surrender afore-
said, and that the prison keeper require salts
factory security for the expenses OF supporting
such debtor in prison.
.qpproued by the Lit. Governor, Feb. 26, 1926.
AN ACT in addition 10 the several acts
entitled an act empowering the Selectmcn
of such towns where there may be Fire En-
gines, to appoint engine men and repeal
ing the laws heretofore made for that pur-
pose.
SECT. Be ii enacted By The Senate and
House of Representatives. IN General Court as
scnsbled, and by the authority Of the same, That
whenever the proprietor, or proprietors, ofary
engine shall apply to the selectmen Of any
tcwn, in which said engine may be, for the
appointment of proper number Of men,
conveniently situated to manage and work
said engine, and the selectmen shall refuse or
delay tor the space of twenty days to appoint
such men, then and in that case, the said pro-
prietor or proprietors may in writing to the
Court Of Sessions, holden III the county where
said proprietor or propretors reside, said pro-
pretor or proprietors giving due notice in writ
ing to said selectmen, days at least before the
sitting of said Court, that the aforesaid select
men may appear and shew cause, if any they
have, why said engine men should not be ap-
pointed, and if sufficient cause should not be
shown by said selectmen, that such engine
men ought not TO be appointed, the Court o.
Sessions are hereby authorised and empower
ed by the authority of aforesaid to appoint
such number of engine men as the law res
pectiDg engine men now directs.
SEC. 2. BE al enacted by he authority a
forssaid, That whenever engine men are ap
pointed, either by the selectmen or the Court
of Sessions, such men shall be appointed, Il
such can be obtained) as live at or near thu
place, where said engine is located, said en-
CINE men SO appointed shall enjoy all the priv
ileges, and'exemptions to which other engin
men are, or may hereafter be by law eptitled.
i n L.. n II q LII,