The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-04-07
STATE LAWS, &c.
coanoswEAtra OF MASSACHUSETTS.
AN ACT making further provisions re-
enacfis.er Caste IN oortnin caQos

AN All making luItuer pfoFiSiohs tS-
specting Costs in certain cases.
SEc. l.. Be Il enacted, &C.. That in all cases
where application shall be made for writ of
eertiorari, the Justices oil the Supreme Judicial
Court shall have power in their discretion, to
allow to any party respondent, VINO shall make
answer, or appear for the purpose of making
answer thereto, his reasonable costs, and to
enter Judgment, and award execution for the
same, against the 2ersen or party oy wnom
such application shall have been made.
Seq. Be ii further enacted, That any per-
son summoned as Trustee, may retain out of
the effects of the principal debtor adjudged TO
be in his hands, an amount sufficient to pay his
reasonable counsel fees and other necessary ex-
penses occasioned by his being SO summoned
and adjudged Trustee as aforesaid, the amount
so to be retained, and the necessity of employ
ing Counsel to be determined by the Court be-
fore whom he may be adjudged Trustee as afore-
said.
SEC. 3. Be 1t further enacted, That, when
Judgment shall have been rendered for costs in
favor of the defendant, upon non-suit of the
plaintiff, and the same party, his executor, ad-
ministrator or assignee, shall commence another
action for the same cause before the costs of
the former suit shall have been paid, the Court,
or Justice of the Peace, before whom such Sec
ond action is pending. shall have power to order
further proceedings therein to be stayed until
to be dismissed: Provided holcerer, That no
application to the Court, TO stay proceedings,
shall be received until an execution shall have
been issued for such costs, and payment thereof
demanded of the party or of the Attorney pros
'ecutng such second suit.
Approved by the Governor, March 10, 1880.
AN ACT to prevent Trespasses upon Mills
and Dams, and the Appurtenances thereof.
Be 1t enacted, &C., That from and after the
passing Of this Act, if any person shall! wantonly
and without color of right, draw off the water
contained in any Mill Pond, Dam, Reservoir,
Canal or Trench, or injure, break, remove or
destroy, any DAM Reservoir, Canal or Trench,
or any gate, dume, fash boards, or other APP
purtsnances to the same, or the wheels, ma
chinery, or Mill gear of any tide or water Mill,
or shall be accessory thereto, before after the
fact, and shall be thereof duly convicted, on in
dictment before the Court of Common Pleas or
Supreme Judicial Court, in the County where
such offence shall be committed, the person so
convicted of such offence. shall be punished by
fine not exceeding FIVE hundred dollars to the
use of the Commonwealth, or by Imprisonment
in the Common Gaol, not exceeding one year,
according to the degree and aggravation of the
offence, and shall also be liable in damages to
the party injured, in an action at law And all
prosecutions for breaches of this Act shall be
commenced within one year from the time when
such offence shall be committed.
Approved by the Governor, March 12, 1880.
AN ACT giving further Remedies in Equi-
ty.
Be 1t enacted, &C., That whenever, in due
course of law, an attachment shall be made
upon the real estate of any debtor and suisse
quently thereto, such debtor shall undertake to
cut and carry away wood or remove any fix
lures from the estates so attached the Justices
of the Supreme Judicial Court may hear and /
determine in equity, the complaint of the at 1
faching creditor for the prosecution thereof, and
one or more of said Justices may, in term time /
or vacation, issue writs of injunction, to stay
such cutting and removal. and issna sneh pro:
cess proper to enforce the same, as justice and
equity may require, which injunctions may be I
dissolved whenever the Justice or Justices /
granting the same, or majority of the Justices
ofthe Supreme Judicial Court, shall see fit.
Approved BY the Governor, March IL, 1880.
AN ACT to repeal the sixth section of an
Act entitled San Act relating to the
Punishment of Convicts who may be SEN
fenced to solitary Imprisonment and TO
confinement to hard labor"
Bs Il snacted, &c, That the sixth section of
an Act entitled "An Act relating to the Pun
ishment of Conyicts who may be sentenced to
solitary imprisonment and confinement 10 hard
labor" passed February .he nineteenth, in the
year of our Lord one thousand eight hundred
and nineteen, be, and the same is hereby re-
pealed: Pr0pided, koaoeuer, That all proceed
ings had, and sentences already passed. shall
remain in force, in the same manner as if this
Act had not passed.
Approved by the Governor, March l2, 1890
COMMONWEALTH OF MASSACHUSETTS.
IN General Court, at the january Session there
Of, A. D. 1880.
Resolved, by both Houses, the same being
agreed TO, by majority Of the Senators, and by
two thirds of the members Of the House Of Rep
resentatives present, and voting thereon, that
it is proper and expedient to alter and amend
abe Constitution of this Commonwealth, by
adopting the subjoined article of amendment,
and that the same, as thus agreed to- be enter
ed on the Journals of the two Houses, with the
Yeas and Nays taken thereon, and referred to
the General Court next to be chosen, and that
the same be published, to the end that if agreed
TO by the General Court next to be chos. in
the manner provided by the Constitution, il
HIay be submitted to the people for their ratih-
cation, in order that it may become part of
the Constitution Of this Commonwealth.
ARTICLE OF AMENDMENT
The political year shall begin on the first
Wednesday Of January, instead of the last Wed
nesday in May and the General Court shall
assemble every year the said first Wednes-
day Of January, and shall proceed at that session
to make all the elections and do all the other
Acts, which are by the Constitution, required
to be made, and done, at the session which has
heretofore commenced the last Wednesday
of May. And the General Court shall be dis.
solved on the day next preceding the first Wed.
nesday Of January, without any proclamation or
other Act of the Governor. But nothing here
in contained, shall prevent the General Court
from assembling at such other times, as they
shall Judge necessary, or when called together
by the Governor. The Governor, Lieutenant
Governor, and Counselors shall also hold their
respective Offices for one year next following