The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-03-30
AN ACT to abolish imprisonment for debt

IN certain cases.
See Be Il enacted, &c, That from and atter
the first day of July next person shall be arrest
ed, held to bail imprisoned on mesne process or
execution for any debt less than ten dollars, con-
tFacted subsequently, to that day.
Sec. 2. Be Il further enacted, That from and at
ter the first day of July next, no female shall be ar
rested, held to bail or imprisoned on mesne pro-
cess or execution, for any dsbt contracted snbse-
quently to that day Pr0rided, That nothing here
in contained shall be construed TO extend to any
case in which any female shall be charged trls-
tee for a sum exceeding ten dollars, in any judg-
ment rendered by the Supreme Judicial Court OF
Common Pleas.
Sec. s. Be 1t further enacted, That from and
after the first day of July next, it shall be the duty
ofthe Clerk of the Court, Justice of the Peace,
who may issue any execution upon any judgment
founded on any contract made subsequently, to the
said first day of July. to vary the form OF such
execution, that the shall not against the
body of any female debtor, against the body oil
any other debtor, unless the Judgment, exclusive
of cests, shall amount to the sum of ten dollars
and the form of all writs of execution which shall
be issued upon judgment founded on former
| judgment against any female whose original debt
shall have been contracted subsequently, to the SAID
first day of July, or any other debtor whose gin-
al debt shall have been contracted subsequently to
the said first day of July, 1.-THE amount of which
originally shall have been less than ten dollars)
shall be so varied as no: to against the bodies
of such debtors.
| Approved by the Governor, March 10, 1881.
! AN ACT in relation to the plea of tender.
Be it enacted, Sc, That from and after the pas
sing of this act, payment the tender of payment
of the whole sum due on account Of any debt or
demand payable in money made after such debt or
demand has become due and payable and before
action brought may be pleaded in bar of any action
subsequently brought for the recovery of such debt
or demand.
Sec. Q. Be it further enacted, That from and af
ter the passing of this Act it shall be lawful for
any person or persons, who may be sued upon any
debt or demand payable in money, to tender to the
creditor or creditors his their attorney or at
tornles after the commencement of suit and before
the entry OF the action at Court the amount of such
debt or demand, with interest therein, and costs
Tor the writ, declaration and service, and all other
legal costs and liabilities therefor, which may have
been necessarily incurred, taxed according to the
provisions OF the Act establishing and regulating
the fees of certain officers passed the thirteenth
day OF February in the year of our Lord one thou
sand seven hundred and ninety-slx any law, GUS
tom or usage to the contrary Notwithstanding And
in case any such creditor creditors, or his or
their attorney or attornies shall refuse to receive
the tlll amount rendered aforesaid, such credit
or creditors shall be barred from recovering on
entry ofthe action in Court, any further sum than
the sum so rendered and the defendant or defen-
dants shall recover all costs incurred subsequently
to such tender, to be taxed by the Court and such
tender may be pleaded in bar of such action. Pro-
vded, however, that in all actions brought to the
Court ofCommon Pleas, such tender shall be made
at least seven days before the setting of the Court
and in actions before Justices of the Peace at least
four days before the entry of said action and that
nothing herein contained shall be construed to af
feet any suit which may be pending, or liabilite:
thereby incurred at or before the passing of this
act. Provided, Also that every person making
tender as aforesaid after suit has commenced, shall
be liable for all legal costs made by the officer serv
previously to his being notified that such tender has
been made, and the plaintiff or his attorney at the
request of the defendant shall certify to such off
the fact of such tender, and in case of refusal
SO to certify the defendant shall not be liable a.
aforesaid.
Approved by the Governor, March IA, 1881.