The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-07-16

No. 81
AN ACT in further addition to an Act, en-
titled San Act regulating the commence
ment of certain actions in which the In
habitants of the Town of Boston, in the
County of Suffolk, shall be party
SEC. l. Be 1t enacted by the Senate and
House of Representatives az General Court
assembled and BY the authority Of the same,
That all actions hereafter commenced by the
city of Boston, may be commenced and institut-
cd, in the County of Suffolk, and be made re-
turnable before any Court in the said County,
proper to try the same, and therein may be
prosecuted to final Judgment and execution, in
the same manner as other suits are therein COM
menced and prosecuted, unless the defendant
or tenant in any such action shall state in writ
ing, to the Court, at the first term thereof, af-
ter such action is entered, or at the time of his
entering his appearance, but before he shall
plead in such action, that he is DESTROYS Of hav-
ing the cause removed to some other county, in
which case the Court wherein the same action
is pending, shall order the same to be removed,
and thereupon it shall be the duty Of the
attorney-for the city of Boston, to enter the
said action, at the next term of any Court prop
er to try the same, in either of the Counties OF
Norfolk, Essex, or Middlesex, at his election
giving notice to the defendant or tenant, or his
attorney, of the Court wherein the same shall
be entered and filing certified copy of the writ
and officers return thereon, and order of remov-
al, in the said Court and thereupon the said
Court shall! have jurisdiction over the said &C.
ton, and all proceedings may be had, all attach.
ments of real and personal estate, all bail bonds
and all dispositions returned or taken for any sue.
action, shall have force and effect in the same
manner as if the said action had been originally
returnable in the Court TO which it s removed
Provided, hOtce0er, that if the said city of Bos
ton shall prevail in said suit, no more costs shall
be taxed for it, than if said action had beer
originally commenced in the County whereto il
is removed.
Sec. 2 Be 1t further enacted, That any o
the penalties or iorfetures provided for the vic
lation of any of the acts regulating the storage
safe keeping or transportation of gunpowder
within the town of Boston, or to any of the act
to secure the town of Boston against fire, or t,
regulate the building with wood, within thu
town of Boston, or to provide for the erection
of two-story wooden buildings in the city o
Boston, may be sued for, and recovered, by &C
ton of the case, in the County of Suffolk, j!
the name Of the Mayor of tho city of Boston, o
the Chief Engineer Of the said CITY, for the us
of the city Of Boston, as well as by indictmen
or information in the modes prescribed in tn
several laws now in force. ProUided, ho,oeue,
that, on the statement IN writing OF any defend
ant in such action to the Court, at the first tern
thereof, after such action is entered that he i
DESTROYS of having the cause removed to som
other county, the Court, wherein the same &C
ton is pending, shall order the same to be remov
cd and thcreupon the same proceedings shall b
had, and to the same force and effect in all re
spects as for other causes Of action, provide
for by the foregoing section of this act
SEC. 3. BE IL further enacted, That no pei
son shall be disqualified from acting as magis
tratc, officer or juror, in any such action, in e
Their of the foregoing sections provided, by rea
son of any interest that he may have, as an in
habitant of the city of Boston, in such suit, O
in any money or other property to be thereb
recovered
SEC. A. Bo Il further enacted, That all tn
provisions Of any acts, now in force, inconssten
with the foregoing, be, and they are hereby re
pealed.
.4RprOced BY the Governor June II, 1923.