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An Act establishing the Salary of certain Officers
William King
Inscription of the text:
An Act establishing the Salary of certain Officers
Sec. 1 Be it enacted by the Senate and House of Representatives in Legislature assembled, that the sum of fifteen hundred dollars shall be allowed and paid to the Governor annually out of the Treasury of this State; that the sum of eighteen hundred dollars shall be allowed and paid to the Chief Justice of the Supreme Judicial Court, and the sum of fifteen hundred dollars to each of the other Justices of said Court; that the sum of eight hundred dollars shall be allowed and paid to the Attorney General; and to the Treasurer the sum of nine hundred dollars, to the Secretary of State and the Adjutant General, each the sum of seven hundred dollars; which said sums shall be paid to said officers respectively in quarterly payments.
Sec. 2 And be it further enacted that the Attorney General and the Secretary of State shall annually account with the Treasurer of this State for all fees which they shall receive in their respective offices.
[This Act passed June 19, 1820]
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An Act directing before whom all Judicial, Civil and Military Officers shall be qualified, where not otherwise provided for in the Constitution
Maine State Legislature and William King
Inscription of the text:
An Act directing before whom all Judicial and Civil Officers shall be qualified where not otherwise provided for in the Constitution
BE it enacted by the Senate and House of Representatives in Legislature assembled, That the Justices of the Supreme Judicial Court, the Attorney General, Secretary, Treasurer, Adjutant General and Quarter Master General, shall take the oaths or affirmations required by the Constitution, before the Governor and Council, when in session, and in their recess before any two members of the Council; and that every other person elected, appointed or commissioned to any Judicial, Executive, Military or other office, under this State, shall take and subscribe the same, before two of the Council, or before any two magistrates commissioned by the Governor for that purpose; excepting in such cases where the Constitution has otherwise provided, and excepting also military officers, who may take and subscribe said oaths before Military Officers any Justice of the Peace, superior Field or General Officer of the Militia.[This Act passed June 13, 1820.]
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An Act directing the manner of giving notice in certain cases
Maine State Legislature and William King
Inscription of the text:
An Act directing the manner of giving notice in certain cases.
BE it enacted by the Senate and House of Representatives in Legislature assembled, That in every case, where any notice respecting real estate is now required by law to be given by advertisement, in one of the Boston newspapers, or in the newspaper of the printer of the General Court, for the time being, such notice instead of being given in said Boston newspaper, or in the newspaper of the printer in the General Court, for the time being, shall hereafter, be given by advertising in one of the newspapers printed in Portland, and in one of the newspapers printed in the county where such real estate lies, or the next adjoining county if any such newspapers there be.[This Act passed June 17, 1820.]
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An Act establishing a Supreme Judicial Court within this State
Maine State Legislature and William King
Inscription of the text:
An Act establishing a Supreme Judicial Court within this State.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That there shall be a Supreme Judicial Court within this State, to consist of one Chief Justice and two other Justices, each of whom shall be an inhabitant of this State, of sobriety of manners and learned in the law, to be appointed and commissioned as is by the Constitution provided, and they or any two of them, shall be a Court, and have cognizance of pleas real, personal and mixed; and of all civil actions between party and party, and between the State and any of the citizens thereof, whether the same do concern the realty, and relate to right of freehold, inheritance or possession, whether the same concern the personalty, and relate to any matter of debt, contract, damage or personal injury; and also all mixed actions, which do concern the realty and personalty brought legally before the same Supreme Judicial Court, by appeal, review, writ of error, or otherwise; and in all such actions real, personal and mixed, to give such judgment, and award such execution, as the common rules of justice and the laws of this State shall direct; and shall take cognizance of all capital and other offences and misdemeanors whatsoever of a public nature, tending either to a breach of the peace, or the oppression of the citizen, or raising of faction controversy or debate, to any manner of misgovernment ; and of every crime whatsoever that is against the public good, and shall by virtue of their office, be severally conservators of the peace throughout the State. And upon all persons duly and legally convicted before the said Court, of crimes, offences or misdemeanors, to inflict such punishment as by the laws of the State is provided. And in case, If legal conviction, where no punishment by statute law is provided, then the said Court shall punish the person so convicted, according to the common usage and practice within this State, not repugnant to the Constitution, according to the nature of the offence. And said Court are hereby invested generally with all the jurisdiction, power and authority, except in relation to the appointment of Clerks, and enjoined to perform all the duties, which by existing laws adopted by the Constitution, and not repugnant thereto, appertain and belong to the Supreme Judicial Court. And may issue all manner of writs, executions, certificates and processes whatever, for carrying into effect and authenticating any judgment, order or adjudication whatever, which may have been rendered in the late Supreme Judicial Court, in any county within this State, prior to the sixteenth day of March last; and all suits, writs, executions, certificates and processes, when so issued, shall be of the same effect, and be executed, levied and extended in the same manner, as if issued on any judgment, order or adjudication of the Court hereby created; and all records and documents of the late Supreme Judicial Court, now remaining in the several counties in this State shall be placed and remain under the control and authority of the Supreme Judicial Court of this State, in the same manner and for the same purposes as the records and documents of their own doings, and the Clerk of the same Court shall have the like power in relation to the one as the other of those records and documents.
SECT. 2. BE it further enacted, That the same Supreme Judicial Court may by certiorari or other legal cause to be brought before them, as well indictments or other criminal prosecutions or civil proceedings pending in, as the records of sentences, orders, decrees, and judgments of any Court of inferior, criminal or civil jurisdiction, and to proceed, order and award thereon, as is or shall be by law provided and directed. And the said Supreme Judicial Court is empowered to impose and administer all oaths, as well those that are necessary for promoting justice between party and party, as those necessary to the conviction and punishment of offenders; and to punish at the reasonable discretion of the Court, all contempt committed against the authority of the same; and the said Court shall have power to issue all writs of prohibition and mandamus, according to the law of the land, to all Courts of inferior judiciary powers, and all processes necessary to the furtherance of Justice, and the regular execution of the laws.
SECT. 3. BE it further enacted, That all writs and processes of the same Court, shall be in the name of the State of Maine, bear test of the first Justice, who is not a party to the suit, and shall be under the seal of the same Court and signed by the Clerk.
SECT. 4. BE it further enacted, That the same Judicial Court, shall and may, from time to time, make, record, and establish all such rules and regulations with respect to the admission of Attorneys and Counsellors, ordinarily practicing in the said Court, and all other rules respecting modes of trial, and the conduct of business, as the discretion of the same Court shall dictate. Provided always, That such rules and regulations be not repugnant to the laws of the State.
SECT. 5. BE it further enacted, That the Supreme Judicial Court shall be holden at York, in and for the county of York, on the second Tuesday of August, next ; at Portland, in the county of Cumberland, and for the counties of Cumberland and Oxford, on the fourth Tuesday of August next; at Augusta, in the county of Kennebec, and for the counties of Kennebec and Somerset, on the second Tuesday of September next; at Wiscasset, in and for the county of Lincoln, on the fourth Tuesday of September next; and at Castine in the county of Hancock, and for the counties of Hancock, Washington and Penobscot, on the second Tuesday of October next. And from and after the first day of April next, the said Supreme Judicial Court shall be holden in each year at York, within and for the county of York, on the last Tuesday of April; and at Alfred, in and for said county, on the fourth Tuesday of August; at Portland, in and for the county of Cumberland, on the first Tuesday of May; and on the fourth Tuesday next following the third Tuesday of October; at Wiscasset, in and for the county of Lincoln, on the third Tuesday of May; and on the third Tuesday of October; at Augusta, in and for the county of Kennebec, on the fourth Tuesday of May; and on the third Tuesday of September; at Norridgewock, in and for the first Tuesday of June; at Castine, in and for the county of Hancock, on the second Tuesday of June; and on the second Tuesday of October; at Machias, in and for the county of Washington, on the third Tuesday of June; at Paris, in and for the county of Oxford, on the second Tuesday of September; and at Bangor, in and for the county of Penobscot, on the first Tuesday of October. Provided nevertheless, That the Tuesday of the month, in which said Courts are respectively to be holden, at the said several times and places, may in all judicial proceedings, from time to time, be expressed and designated by such Tuesday of tile month as will be the Tuesday on which the said Court is to be holden, pursuant to the foregoing arrangements.
SECT. 6. BE it further enacted, That all actions and civil suits of every name and kind, which may be pending in the pending Supreme Judicial Court for the counties of Cumberland and Oxford; or for the counties of Kennebec and Somerset; or for the counties of Hancock, Washington and Penobscot, on the first day of April next; which shall have been originally commenced in the Courts of Common Pleas for the counties of Oxford, Somerset, Washington or Penobscot respectively; all petitions in which the petitioner may be an inhabitant of either of said counties, and all indictments against any person or persons for offences committed within either of said counties, shall be transferred and removed to, entered, heard, tried, and proceeded upon, at the Supreme Judicial Court, then next to be holden within the said counties of Oxford, Somerset, Washington and Penobscot respectively, within which the said actions originated and were commenced, the said petitioners reside, and the said offences may have been committed; and all the papers and documents, belonging to all such actions, suits, petitions and indictments, shall be delivered over to the Clerks of the said counties of Oxford, Somerset, Washington and Penobscot respectively. And all appeals which may be made from any Court of Common Pleas, and all recognizances which may be taken, and all offences which may be committed within either of the said counties of Oxford, Somerset, Washington and Penobscot, after the first day of the terms of the Supreme Judicial Court to be holden prior to the first day of May next, for the counties of Cumberland and Oxford, and for the counties of Kennebec and Somerset, and for the counties of Hancock, Washington and Penobscot respectively, shall be entered, heard, tried, prosecuted and proceeded upon, at the Supreme Judicial Court then next to be holden within and for the said counties respectively, where the appeals may be made, the recognizances may be taken, and the offences may be Committed.
SECT. 7. BE it further enacted, That whenever by sickness, accident, or any unforeseen cause, the number of Justice required to hold Courts, as is herein before provided, do not attend on the day appointed for opening a Court, any one of said Justices may adjourn the Court, from day to day, until a sufficient number of said Justices do attend; and when from sickness, accident, or any unforeseen cause, neither of the said Justices shall attend on the day appointed for opening a Court, the Sheriff of the several counties respectively, shall have power to adjoin the Court from day to day, until a justice shall attend.
SECT. 8. BE it further enacted, That when at any term of the Supreme Judicial Court holden or to be holden in any county, any actions shall have been continued nisi for advisement by the Court, or for argument by consent of parties, and the Justices of said Court shall have determined the same before the next term of said Court holden in the same county, it shall be lawful to enter judgment upon said actions as of the last term of said Court, at which said actions shall have been continued, or at the succeeding term. And whenever the Clerk of said Court in any county shall enter a judgment upon any action by order of the Justices of said Court out of term time, he shall enter upon his docket the time when he shall receive such order, and all liens created by attachment on mesne process in said actions, shall continue and be in force for and during thirty days after the then next term of the Supreme Judicial Court for said county, any thing in the law to the contrary notwithstanding.
SECT. 9. BE it further enacted, That the Governor, by appointed. and with the advice of the Council, shall, as soon as may be after the passing of this act, appoint some suitable person, learned in the law, to be a Reporter of the decisions of the Supreme Judicial Court, who shall be sworn to the faithful discharge of his duty, and shall be removable at pleasure of the Executive; whose duty it shall be, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of the decisions, which may hereafter be made by said Court, and shall publish the same whenever they will compose a suitable volume.
SECT. 10. BE it further enacted, That the said Report shall receive out of the Treasury of this State, six hundred dollars annually, which together with the profits arising from the publication of his said reports, shall be a full compensation for his services aforesaid; and that the money, paid by persons admitted to practice as Attorneys in the Supreme Judicial Court shall be a fund for the payment of said sum: and if insufficient, to be paid out of any other monies in the Treasury not otherwise appropriated.
SECT. 11. BE it further enacted, That this act shall continue in force during the term of three years from the passing the same and no longer.[This Act passed June 24, 1820.]
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An Act establishing part of the north line of the town of Alna
Maine State Legislature and William King
Inscription of the text:
An Act establishing part of the north line of the town of Alna.
BE it enacted by the Senate and House of Representatives in Legislature assembled, That the southward line of the town of Whitfield, on the westward side of Sheepscot river, beginning at an elm tree, a corner of Whitfield, on said river ; from thence west northwest, one mile and eighty poles to Pittston line, be established as the northward line of the town of Alna; and the said town of Alna is hereby declared to extend to, and to be bounded on, the said line of the town of Whitfield.[This Act passed June 19, 1820.]
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An Act establishing the duties, to be paid by certain Officers therein named
Maine State Legislature and William King
Inscription of the text:
An Act establishing the duties to be paid by certain officers therein named.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That That every Sheriff, every Clerk of any Court of record, every County Attorney, Judge of Probate, every Register of Probate, every Justice of the Peace, every Coroner, every Notary Public, and every Inspector General, duly commissioned under the Government of the Commonwealth of Massachusetts, whether sworn to act as such or not, shall on or before the first day of February next take and subscribe the oaths required of like officers by the Constitution and Laws of this State, and each such Sheriff of the counties of York, Cumberland, Lincoln or Kennebec shall pay fifty dollars, and of any other County twenty-five dollars, each such Clerk of the county of York, Cumberland, Lincoln, or Kennebec, shall pay forty dollars, and of any other county twenty-five dollars, each county Attorney shall pay five dollars, each such Judge of Probate shall pay seven dollars, each such Register of Probate shall pay ten dollars, each such Justice of the Peace shall pay five dollars, each such Coroner shall pay three dollars, and each such Inspector General shall pay twenty dollars to the Treasurer of his county; and if such Sheriff, Clerk, County Attorney, Judge of Probate, Register of Probate, Justice of the Peace, Coroner, or Inspector General shall fail either to take such oath, or to pay the money hereby required, on or before, the first day of February next, he shall be thereafterwards disqualified to act under the same commission except to complete any business previously commenced under the authority of such commission.
SECT. 2. BE it further enacted, That every Sheriff, every Clerk of such Court, every County Attorney, every Judge of Probate, every Register of Probate, every Justice of the Peace, Every Coroner, and every Inspector General commissioned by the government of this State, shall within sixty days, from and after his being qualified to act under such commission, pay into the Treasury of his county the sum respectively as is herein before required of like officers, and if any officer mentioned in this act shall fail to pay the sums herein required, he shall for each and every official act by him performed, forfeit and pay the sum of five dollars to be recovered by indictment to the use of the county where he resides, or by action of debt in any Court proper to try the same, to the use of the person who shall sue therefor.
SECT. 3. BE it further enacted, That it shall be the duty of County Treasurer, at all times when he shall make out his account current with the State for settlement to credit all sums he shall have received by virtue of this act, and the names of the men from whom he shall have received such money, subsequent to his closing his next preceding' account.[This Act passed June 28, 1820.]
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An Act extending the powers of Towns to restrain cattle running at large
Maine State Legislature and William King
Inscription of the text:
An Act extending the powers of Towns to restrain cattle running at large
BE it enacted by the Senate and House of Representatives in Legislature assembled, That the inhabitants of any town in this State, may at any legal town-meeting, order and direct that any particular description of neat cattle or other commonable beasts shall not go at large within certain particular part of such town, without a keeper, under the penalties now provided by law in similar cases, and to be recovered in the same manner.[This Act passed June 27, 1820.]
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An Act for the further relief of poor prisoners committed by execution for debt
Maine State Legislature and William King
Inscription of the text:
An Act for the further relief of poor prisoners committed by execution for debt
BE it enacted by the Senate and House of Representatives in Legislature assembled, That whenever any poor prisoner creditor is dead. is or shall be committed by Execution for debt in any of the Prisons of this State, and the judgment creditor is or shall he dead, and two months shall have elapsed since the death of such judgment creditor, without any administration being granted upon his estate, the notice required by law in such case shall be served upon the Attorney of record of such judgment creditor in the suit whereon the judgment was rendered, upon which the execution whereby such debtor stands so committed was issued; and such notice being served upon such Attorney in the same manner and within the same time as notice is to be served in other cases by law, shall be good and effectual to all intents and purposes, as the same would be if duly served upon the judgment creditor if living.[This Act passed June 27, 1820.]
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An Act for the settlement of certain equitable claims arising in Real Actions
Maine State Legislature and William King
Inscription of the text:
An Act for the settlement of certain equitable claims arising in Real Actions.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That when any certain action has been or may hereafter be commenced against any person for the recovery of any lands or tenements holden by improvements and which the tenant or person, under whom he claims, has had in actual possession for the term of six years, or more, before the commencement of such action, the Jury, which try the same, if they find a verdict for the demandant, shall, (if the tenant so request) also inquire, and by their verdict ascertain the increased value of the premises, by virtue of the buildings and improvements made by such tenant, or those under whom he may claim; and (if the demandant require it) what would have been the value of the. demanded premises, had no buildings or improvements been made by such tenant, or those under whom he may claim; and if during the term in which such verdict shall have been given, the demandant shall make his election on record, in open Court, to abandon the demanded premises to the tenant, at the price estimated by the Jury as aforesaid, then no judgment for possession shall be rendered on the verdict, but judgment for the sum so estimated; and after one year, a writ of execution may issue for the same sum with one year's interest thereon and costs of suit, unless the tenant shall, within one year after the rendition of said judgment, pay into the Clerk's office of said Court, for the use of the demandant, one year's interest. of the said sum, together with one third part of the said sum, and the costs of suit, if taxed, in which case the said writ of execution shall further stay; and if the tenant shall within two years after the rendition of said judgment further pay into the Clerk's office as aforesaid, one year's interest of two third parts of the said sum, together with one other third part of the said sum, then the said writ of execution shall further stay: otherwise may issue for two third parts of the said sum, and one year’s interest thereon; and if the tenant shall within three years after the rendition of said judgment, pay into the Clerk's office as aforesaid, the remaining third part of the said sum, and one year's interest thereon, having made the several payments aforesaid, the writ of execution shall be perpetually stayed, otherwise it may issue for the said one third part of the said sum and one year's thereon; and the said demanded premises shall be held for the security of the sum so estimated, and interest thereon, and costs of suit, until sixty days after a writ of execution might have issued as aforesaid, liable to be taken in execution, in like manner as real estate or equities of redemption attached on mesne process, notwithstanding any intermediate conveyance, attachment 01' seizure upon execution, and the demandant may cause his writ of execution, when issued as aforesaid, to be extended on the said premises, in like manner and with like effect in all respects, as executions may by law be extended on real estate; or he may cause the same premises, or so much thereof as will satisfy said execution and costs, to be taken and sold upon the said execution in like manner and with like effect in all respects as equities of redemption may by law be taken and sold on execution; and the tenant and his heirs shall have a good title to the demanded premises, against the demandant and his heirs forever, except the liability aforesaid, But should the tenant or his heirs afterwards be evicted therefrom, by a higher or better title of any claimant or claimants, if he shall have duly notified the original demandant, or his heirs, to aid him in the defence of such suit, and admitted him to aid accordingly, in case of his appearing and offering to aid, such tenant or his legal representative shall be entitled to receive and recover back the same money, with the lawful interest thereof from him, her or them, who shall have had the use and benefit thereof in Inscription of the text:An Action for money had and received to the use of such tenant or his legal representative; and if the demandant shall not so make his election on record as aforesaid, no writ of seizen or possession shall is such on a judgment founded on such verdict, unless the demandant shall, within one year from the rendition thereof, have paid into the Clerk's office of the same Court, or to such other person as the Court may for that purpose appoint, for the use of the tenant, or the person or persons justly entitled thereto, such sum with the interest thereof, as the Jury shall have assessed for buildings or improvements as aforesaid; and a new action for the recovery of the same premises shall not be sustained in any Court; unless the demandant shall first have paid to the tenant, an such costs as would have been taxed for him had he prevailed in the first suit: Provided nevertheless, That nothing herein, contained, shall extend to any action which is or may be commenced by any mortgagee, his heirs or assigns, against any mortgagor, his heirs or assigns.
SECT. 2. BE it further enacted, That no tenant against whom judgment shall be rendered in any case, where the value of the buildings and improvements shall have been ascertained as aforesaid, shall unnecessarily cut any wood, or take any timber from off the premises recovered against him, her or them, or make any strip or waste thereof; and such tenant shall be liable to answer therefor in the same way and manner he would have been had judgment for possession been rendered on the verdict, and possession actually been delivered in execution of such judgment.
SECT. 3. BE it further enacted, That no tenant or person under whom he claims, shall had in actual possession for the term of six, or more, before the commencement of such action, any land or tenements more than shall be demanded, and by the tenant be defended in said action, lying in the same tract or parcel therewith, to recover which the demandant had, at the time of the commencement of his action, as high and as good a title as he had to recover the demanded premises, such tenant may request that the Jury may by their verdict ascertain the same, and if the Jury shall find, that the demandant had as high and as good a title to recover such lands or tenements not demanded or any part thereof, as he had to recover the demanded premises, they shall not proceed to ascertain any other point by their verdict, and the Court shall thereupon render judgment that the demandant take nothing by his writ, and that the defendant recover his costs: Provided, That if such request be made in any such action now pending 01' which may hereafter be pending, the Court may permit the demandant without costs so to amend his declaration as to include all the lands or tenements possessed and defended by the tenant in manner aforesaid, of which the demandant had as high and as good 11 title as he had of the premises originally demanded in the action. If the writ i, a-
SECT. 4. BE it further enacted, That in any such action, the tenant or his attorney may in any stage of the process and as often as the writ shall be amended as aforesaId, offer and give notice in open Court at what sum he consents, that the increased value of the premises, by virtue of the buildings and improvements shall be assessed, and also at what slim he consents that the, value of the demanded premises, or such part thereof, as is by him defended, shall be estimated without the buildings and improvements, which notice shall be entered on the record of the Court; and if the demandant consent to the same, judgment shall be rendered on said consent of the parties in the same manner, as if the like sums had been found by the Jury in a verdict for the demandant; but if the demand~ ant shall not consent to the said offer and shall proceed in. the suit, and the Jury by their verdict shall not reduce the value of the. buildings and improvements below the said offer, nor increase the value of the demanded premises as aforesaid above it, he shall not recover costs from and after the first entering of such notice upon the record, but the tenant shall from that time recover his costs, and have his separate judgment and execution for the same, although the verdict on the issue should be against him; unless the demandant shall prevail on a plea of disclaimer in the same suit.
SECT. 5. BE it further enacted, That to constitute the possession and improvement intended by this Act, it shall not be deemed necessary that the premises defended shall have been surrounded by fences or rendered inaccessible by other obstructions; but it shall be sufficient if the possession, occupancy and improvement thereof by the tenant, or those under whom he claims, shall have been open, notorious and exclusive, comporting with the ordinary management of similar estates in the possession and occupancy of those who have title thereto, and satisfactorily indicative of such exercise of ownership as is usual in the improvement of a farm by its owner, and no part of the premises demanded and defended in manner aforesaid shall be excluded from the appraisement herein provided because the same may be woodland or without actual cultivation.
SECT. 6. BE it further enacted, That no person shall be allowed to sit upon a Jury for the trial of any such action, where the value of the buildings and improvements are to be ascertained or the value of the premises to he estimated by the verdict, where such persons shall be interested in a similar question, either as proprietor or occupant; but the same shall he good cause of challenge to such juror.
SECT. 7. BE it further enacted, That the third, fourth and fifth sections of An Act of the Legislature of Massachusetts passed on the second day of March one thousand eight hundred and eight, entitled "An Act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions" and the Acts in addition to the said Act, be and the same are hereby repealed, and of no further effect in this State[This Act passed June 27, 1820.]
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An Act incorporating certain persons, for the purpose of building a Bridge uniting the Towns of Eastport and Perry
Maine State Legislature and William King
Inscription of the text:
An Act incorporating certain persons, for the purposes of building a Bridge uniting the towns of Eastport and Perry.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That Aaron Hayden, Jonathan Bartlett, Samuel Wheeler, Leonard Pierce, Ichabod R. Chadbourn, and Jery Burgin ; with their associates, be, and they hereby are, made a corporation by the name of the Proprietors of the Eastport Bridge, and by that name, may sue and be sued, and may have a common seal and change the same at pleasure ; and may make any by-laws, for the management of their concerns not repugnant to the laws of this State ; and may at any meeting choose a Clerk and any other officers for managing the business of said corporation by a vote of A majority of the members present ; allowing one vote to each share : Provided, No person shall be entitled to more than ten votes.
SECT. 2. Be it further enacted, That the said bridge shall be erected and extended from the northwesterly point of Moose Island, at Tuttle's Ferry, to or near the point of land at which said Ferry is established in the said town of Perry ; and shall be built of good and sufficient materials, not less than twenty-four feet wide, and all covered with plank or timber suitable for such a bridge, with sufficient rails on each side for the safety of passengers.
SECT. 3. Be it further enacted, That a Toll be, and here by is granted for the sole benefit of said corporation, according to the rates following, viz. for each foot passenger or one person passing said bridge, four cents ; one person and horse, twelve cents ; single horse cart, sled or sleigh, eighteen cents; each wheelbarrow, hand-cart, and every other vehicle drawn by hand, four cents ; each team, including cart, waggon, sled or sleigh, drawn by more than one beast, and not exceeding four, thirty cents ; and for every additional beast above four, six cents; each single horse and chaise, chair or sulkey, twenty- five cents; each coach, chariot, phaeton or curricle, forty cents; neat. cattle and horses, exclusive of those rode on, or in carriages, or in teams, six cents each ; sheep and swine, one cent each ; and in all cases the same toll shall be paid for all carriages, passing said bridge, whether the same be loaded or not ; and to each team one man and no more, shall allowed, as a driver, to pass free of toll. And all persons who shall actually be on military duty, shall be permitted, with their baggage, to pass the said bridge, free of toll. And at all times when the toll gatherer shall not attend his duty at the said bridge, the gate or gates shall be left open ; and the said toll shall commence on the day of the first opening of said bridge for passengers, and shall continue for and during the term of seventy-five years, from the said day, and be collected as shall be prescribed by said corporation : Provided, The said corporation shall at all times, keep the said bridge in good and passable repair ; and at the end of said term of seventy-five years, the said bridge shall be delivered over in good repair to and for the use of this State. Provided, nevertheless, The Legislature may dissolve said corporation whenever it shall appear to their satisfaction, that the income arising from said toll, shall have fully compensated said corporation for all monies they have expended in purchasing, repairing and taking care of said bridge, together with an interest thereon at the rate of nine per cent, per annum. Property and ownership of said bridge shall thereupon be vested in said State, and be at their disposal. Also, that at the place where the toll shall be collected, there shall be erected by the said corporation, and constantly exposed to open view, a board or sign, upon which shall be written the rates of toll, and all the tollable articles, in large or letters. It is also provided that all wheels, the rims of which shall be not less than six inches wide, and drawn by one or more beasts, shall have a right to pass and repass said bridge free from toll for four years from the time said toll shall commence.
SECT. 4. Be it further enacted, That if the said corporation shall neglect or refuse for the space of seven years from the passing of this act, to build and complete said bridge, then this act shall be void.
SECT. 5. Be it further enacted, That if at any time hereafter, the Legislature shall deem it necessary that a draw for the passage of vessels should be made in the bridge by this act authorised to be erected, the proprietors thereof shall be obliged to build such draw therein as the Legislature shall direct.
SECT. 6. Be it further enacted, That Aaron Hayden and Jonathan Bartlett, or either, may call a meeting of said corporation, to be holden in Eastport, aforesaid, by advertisement in the Eastport Sentinel, printed in said Eastport, fourteen days at least before the time of said meeting.[This Act passed June 27, 1820.]
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An Act making further provisions in respect to the Banks in this State
Maine State Legislature and William King
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An Act providing for the appointment of Clerks of the Courts in the several Counties and requiring them to render an account of all monies received
Maine State Legislature and William King
Inscription of the text:
An Act providing for the appointment of Clerks of the Courts in the several Counties and requiring them to render an account of all monies received
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That there shall be nominated and appointed by the Governor with the advice of the Council during pleasure, one person in each county in this State, who shall be Clerk of all the Judicial Courts, holden in the same county, and shall have the care and custody of all the records, files and proceedings which have heretofore been had and now remain in the respective offices of either of the Clerks of the Supreme Judicial Courts or Circuit Court of Common Pleas; and who shall be Clerk of all the Judicial Courts holden in the same county, under the authority of this State, and who shall do and perform all the duties, services, acts, matters and things, which he as Clerk of either of said Courts ought by law to do and perform.
SECT. 2. BE it further enacted, That the several Clerks to be appointed by virtue of this act, shall keep a true and exact account of all the monies they shall receive, by virtue of their office, and shall on the first Wednesday of January annually render to the Treasurers of their respective counties under oath, a true account of the whole sum thus by them received, and after deducting one thousand dollars, (if they shall have received so much,) which shall be held and retained for their own use, they shall pay over the one half of all the residue to their respective county Treasurers for the use of the county.
SECT. 3. BE it further enacted, That every such Clerk before he shall enter upon the duties of his office, shall be sworn or affirmed to do and perform all the duties appertaining to his office; and such Clerk shall also give bond to the State to the acceptance of the Governor and Council in a penal sum not less than eight thousand dollars, with two or more sureties, conditioned that he will well and faithfully do and perform all the duties, and pay over all the monies he is required by this act to do and perform, and for the safe keeping and immediate delivery of all the records, files, papers, and muniments in said office to his successor on his leaving said office, which bond shall be lodged in the office of the Treasurer of this State.
SECT. 4. BE it further enacted, That each of the Clerks aforesaid shall be required to pay over to the Treasurer of the county, for which he may be appointed, all monies received by him, which has heretofore been ordered to be paid into the county Treasury for the use of the county or State within thirty days from the adjournment of the Courts, at which he may have received the same.
SECT. 5. BE it further enacted, That the Clerks now in Clerk. now in office to continue to do and perform all the duties of their respective offices until the first day of August next, and until others are appointed and qualified according to the provisions of this act. And in case of a vacancy in said office, or the a absence of any Clerk, the Judges of the several Courts, are hereby authorized and empowered to appoint a Clerk who is hereby authorized to do and perform all the duties of Clerk, during such vacancy or absence; and it shall be the duty of the several Clerks now in office to deliver over to their successors all the records, files and papers in their respective offices immediately upon the appointment of such successor.
SECT. 6. BE it further enacted, That this act shall take effect, and have force from and after the first day of August next, and all acts and parts of acts inconsistent with the provisions contained in this act are hereby repealed. ,[This Act passed June 27, 1820.]
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An Act providing for the Security of the Treasury of this State
Maine State Legislature and William King
Inscription of the text:
An Act providing for the Security of the Treasury of this State.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That every person, chosen to the office of Treasurer of this State, shall give the bond, which by the Constitution is required, to the State of Maine, in the penal sum of not less than seventy five thousand dollars, with at least six good and sufficient sureties residing within this State. The condition of which bond among other things, shall be for the faithful performance and discharge of all the duties of his said office, and for the fidelity of all persons by him employed and intrusted with any of the concerns of such office, and that during his continuance in office, he will not engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader, and that he, or his executors, or administrators, or sureties, or their respective executors or administrators shall, and will render a just and true account of all his and his agents and servants doings and transactions in said office to the Legislature, or such committee as they shall appoint, on the first Wednesday of January annually, and previous to a new Treasurer's being chosen, and at any other time that shall be required by the Legislature, or the Governor and Council; and that he will settle and adjust said account, and faithfully and without delay deliver over to his successor in office, or such person OJ' persons as by the Legislature shall be appointed for that purpose, all and singular the monies, books, property and appurtenances of said office being and remaining in his hands, or in the hands of his agents or servants, and truly and without delay to pay over all such balances that shall appear due upon the adjustment of the accounts of his said office; which bone when executed and approved, as by said Constitution is provided, shall be lodged in the Secretary's office. And the Attorney General, upon order of the Governor and Council, or of the Senate and House of Representatives shall and may, in behalf and for the use of said State, commence any action or action on such bond and the same pursue to final judgment, execution and satisfaction.
SECT. 2. Be it further enacted, That the Governor, with the advice of Council, upon the complaint or suggestion, made under oath, of any surety of a Treasurer in any bond to be taken as aforesaid, that such officer is insane, or manifestly insolvent, or hath absconded and concealed himself for fear of his just creditors, or is absent from this State, or the duties of his said office, to the imminent hazard of the said State in respect to the trust in such officer reposed, and the truth of such complaint or suggestion appearing upon due examination thereof had, shall have the authority, and it shall be their duty, to discontinue such Treasurer and declare such office vacant. And in case of vacancy in the office of Treasurer by death, resignation or otherwise, or said Treasurer shall become, manifestly insolvent in the recess of the Legislature, the Governor, with advice and consent of the Council, shall appoint some suitable person a Commissioner to transact the duties of said office during the remainder of the political year, for which such officer was chosen, unless the Legislature shall be sooner in session. And before such person so appointed shall proceed to discharge the duties of said office, he shall take and subscribe the oaths and give bonds with the same conditions required of the Treasurer elected by the Legislature, to the acceptance of the Governor and Council.
SECT. 3. BE it further enacted, That whenever it shall become necessary that a Commissioner should be appointed under the second section of this act to transact the duties Treasurer, It shall be the duty of the Secretary of State and the Attorney General, or two discreet and impartial citizens to be appointed by warrant under the hand and seal of the Governor as soon as practicable, after either of the events shall happen mentioned in the second section aforesaid, rendering it necessary for the appointment of a Commissioner, having first given notice to the sureties, or any two of them, or the late Treasurer, or Treasurer thus to be superseded, shall take a true and accurate inventory of all monies, notes, bonds, books of account and other property belonging to the State, which was in the possession of such Treasurer, or in the hands of any of his agents or servant, wherever to be found; all which shall be delivered over by them to such person, as may be appointed to discharge the duties of Treasurer as aforesaid, he giving a receipt therefor on the back of said inventory, which shall be lodged in the Secretary's office: a copy of which may be given to any person interested therein.
SECT. 4. BE it further enacted, That if any Clerk, or other person employed by the Treasurer shall commit any fraud or embezzlement therein, and shall be duly convicted thereof before the Supreme Judicial Court, he shall be punished by fine not exceeding two thousand dollars, or by confinement to hard labor for a term of years, or for life, according to the nature and aggravation of the offence and the judgment of said Court thereupon.[This Act passed June 13, 1820.]
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An Act providing that Bonds shall be given by Sheriffs and Coroners to the Treasurer of this State, and giving remedies thereon
Maine State Legislature and William King
Inscription of the text:
An Act providing that Bonds shall be given by Sheriffs and Coroners to the Treasurer of this State, and giving remedies thereon
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That every person appointed to the office of Sherriff within this State, shall, within sixty days from the receipt by him of his commission; and every Sherriff now in office unless another shall sooner be appointed in his place, shall within sixty days next after the passing of this act, make and execute a bond, with at least three sufficient sureties residing; within this State, in a sum not less than twenty-five thousand dollars for such person who now is or shall be appointed Sheriff in either of the counties of York, Cumberland, Lincoln, and Kennebec; and in a sum not less than fifteen thousand dollars, for such person who now is or shall be appointed Sherriff of either of the other counties in this State, to the Treasurer thereof, and his successors in said office conditioned for the faithful performance of the duties of Condition. their respective offices, and to answer for the neglects and misdoings of their respective deputies, which bond shall by the said Sheriffs, within the time aforesaid, be filed in the office of the Clerk of the Court of Sessions, for the county in which said Sheriffs are respectively commissioned; and said bond shall be presented at the term of said Court of Sessions, shall then next be holden in such county; to be by said Court approved, and when the same shall have been adjudged sufficient, the Clerk shall make record thereof, and certify the same on said bond, and a copy thereof being taken by said Clerk, he shall deliver the original to the Sherriff who shall file the same in the office of the Treasurer of the State, within twenty days, after the same shall have been so approved.
SECT. 2. Be it further enacted, That it shall be the duty of the County Attorney in each county respectively at the term Attorney. of the Court of Sessions which shall be held therein on or next after the third Tuesday of June annually, to move the said Court to consider of the sufficiency of the security given by the Sheriffs in their respective counties, and they shall cause a record to be made of such determination by the Clerk shall certify the same to the Treasurer within thirty days thereafter, and if such security shall be adjudged insufficient, said Clerk shall also within ten days certify the same to the Sheriff of such county, who shall within twenty days after such notice, give a new bond with sufficient sureties, to be filed and approved as aforesaid, and if any County Attorney or Clerk shall neglect his duty in this particular, such Attorney or Clerk, shall forfeit and pay to the use of this State one hundred dollars, for each neglect, to be recovered by action of debt in the name of the Treasure, whose duty it shall be to prosecute therefor.
SECT. 3. Be it further enacted, That if any Sheriff shall neglect to give the security required in the first section of this act, and file the same in the office of the Treasurer of the State, or shall neglect to give the new security which may be required by the Justices of the Court of Sessions in his county, as herein before required and file the same in the Treasurer's Office as aforesaid, he shall forfeit and pay to the use of this State, the sum of one hundred and fifty dollars for each month's neglect to be recovered by action of debt in any Court proper to try the same; and it shall be the duty of the Attorney General to prosecute for the same, and the name of such Sheriff neglecting to give or renew his security as aforesaid, shall be certified by the Court of Sessions, holden in his county to the Governor and Council, and also to the Attorney General; and Governor with the advice of Council, shall thereupon remove such Sheriff from his office, and appoint some other person in his stead, unless reasonable cause to the satisfaction of the Governor and Council, shall be assigned for said neglect. And unless said Sheriff; whose name and neglect shall be certified as aforesaid, shall give or renew his security as the case may be, to the satisfaction of the Governor and Council within twenty days after the said certificate shall be made as aforesaid.
SECT. 4. Be it further enacted, That it shall be the duty of the Treasurer of the State, on the first Wednesday of January annually to make out a statement of the amount of all warrants in favor of the State, any other sums of money or balances that may be in the hands of, and due from the several Sheriff's in said State, and lay the same before the Governor and Council for their inspection, and shall also certify the names of the sureties, on their respective bonds, that in case they or any of them shall have become insufficient, or have moved out of the State, others may be required, and whenever for either of the reasons, it shall be deemed necessary by the Governor and Council, a new bond shall be given by any Sheriff' thereto required, within sixty days after notice given him for that purpose, to be filed as aforesaid; and on neglect thereof, the office of such Sheriff shall become vacant, and the Governor with advice of Council, shall appoint some other person thereto.
SECT. 5. Be it further enacted, That all Coroners, who shall be appointed in any county in this State, before proceeding to discharge the duties of their office, shall give unto the Treasurer of the State a bond with sufficient sureties, to the satisfaction of the Court of Sessions, in their respective counties, for the faithful performance of the duties of their said office, and the acts and doings of all Coroners now in office who shall not within sixty days, from and after the passing of this act, make out and execute to the Treasurer of said State a bond with sufficient sureties, and the same file in the Clerk's Office of the county in which such Coroner resides, to be approved as aforesaid, all their acts and doings after the said sixty days, shall be null and void, and they shall he deemed to have forfeited their respective offices, and all authority to act under their commissions shall cease from and after that time.
SECT. 6. Be it further enacted, That any person aggrieved at the neglect or misdoings of any Sheriff or his Deputy or of any Coroner, and having first ascertained the amount of his damages by judgment against said Sheriff or Coroner, shall be entitled to a certified copy of such Sheriff or Coroner's bond, and shall have a right to commence and prosecute to final judgment and execution for his own benefit, any action thereon in the name of the Treasurer, said writ being first endorsed by the party for whose benefit such action is brought, or his agent or Attorney, which endorser shall be alone answerable for all costs; and judgment, when for the defendants, shall be rendered accordingly against the party, for whose benefit such action is brought: Provided, That all such actions on Sheriff's' and Coroners' bonds, shall be brought always in the county where such Sheriff or Coroner shall have been commissioned respectively to act.
SECT. 7. Be it further enacted, That when judgment is rendered on any bond as aforesaid, execution shall be awarded for the sum found due to the party, for whose benefit said action was brought; and being part of the penalty forfeited. And any execution which shall issue on said judgment, shall express therein the name of the party for the use and benefit of whom the same was awarded, who may cause said execution to be levied on any personal or real estate of the debtor, which levy shall inure to such party for his sole use and benefit, to every intent and purpose whatever.[This Act passed June 24, 1820.]
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An Act relating to the Collection of County taxes in the Counties of Somerset, Oxford, Hancock, Penobscot and Washington
Maine State Legislature and William King
Inscription of the text:
An Act relating to the collection of County Taxes, in the Counties of Somerset, Oxford, Hancock, Penobscot and Washington.
BE it enacted by the Senate and House of Representatives in Legislature assembled, That the respective Treasurers of the counties of Somerset, Oxford, Hancock, Penobscot and Washington, be, and they hereby are, empowered to issue their warrants respectively to the respective Sheriffs of said counties, requiring them to collect the said county taxes within said valuation, counties respectively, which have been assessed upon the several towns and unincorporated plantations, and other tracts of land unimproved, lying within said counties respectively, since the first day of September, A. D. 1819, or which may hereafter be assessed upon the same ; but upon which town ships, or other tracts of unimproved land, there was not, at the settlement of the last valuation, any person residing or Assessors chosen, to whom the said Treasurers could issue their warrants for the assessing and collecting thereof. All which sums are to be collected in the same manner, as Collectors or Constables are directed to proceed in the collecting of taxes assessed on non-resident proprietors of unimproved' lands, and to be paid into the Treasury of the respective counties of Somerset, Oxford, Hancock, Penobscot and Washington, according to the warrants issued by the Treasurers of said counties respectively. Provided, That deductions shall be made and allowed from said county taxes, in the same ratio, that deductions were made from the State taxes assessed upon said lands by and conformable to a resolve passed the 17tli day of February, A. D. 1818.[This Act passed June 22, 1820.]
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An Act relating to the Punishment of Convicts
Maine State Legislature and William King
Inscription of the text:
An Act relating to the Punishment of Convicts.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That, whenever any person convicted of any crime or offence whatever, shall be duly sentenced therefore to solitary imprisonment and confinement to hard labor by any Court of this State or of the United States, the Court before whom such conviction shall be had, may order the sentence to be executed in the common gaol or house of correction of the county in which the offence shall have been committed. And the keeper of such gaol or house of correction is hereby authorised and required to execute such sentence of solitary imprisonment, by confining the convict in one of the cells of the gaols or house of correction, if any such there be, and if there be none, then in the most retired and solitary part of the prison or house of correction and solitary confinement, the convict shall be fed on bread and water only, unless other food shall be necessary for the preservation of his or her life; and no intercourse shall be allowed with such convict, except for the conveyance of food or other necessary purposes.
SECT. 2. BE it further enacted, That the keeper of the gaol or house of correction, to which such convict shall be committed, after the term of solitary imprisonment, shall furnish the convict with tools and materials to work with, in any suitable manner in which his or her time can be usefully and profitably employed, either in the gaol or house of corrections, or within the close yard thereof in the day time; and such convict, when set to work in the yard, shall be confined with certain cases. a log and chain, or in such other manner, as shall prevent his or her escape, without unnecessarily producing bodily pain, or interrupting his or her labor. And it shall be the duty of the Sheriff in each county to oversee the execution of all such sentences, and to make such rules and regulations, from time to time, as may best effect the purposes of this act, and to cause same to be duly executed land all such rules and regulations shall be reported to the Court of Sessions of the county within which the gaol or house of correction is situated, and they may be altered or repealed by said Court, as they shall see fit. And it shall be the duty of the keeper of such gaol or Gaoler to report house of correction, to report to the said Court at every session thereof within his county, the names and condition of all such convicts in the gaol or house of correction, and the manner in which they are treated and employed. And if any convict during the time for which he or she is sentenced to hard labor, shall refuse or neglect, without any reasonable excuse therefor to labor as aforesaid, when tools and materials for that purpose are furnished, such convict so long as he or she shall so refuse, shall be kept on bread and water, and be confined to solitary imprisonment in the manner provided in the first section of this act.
SECT. 3. BE it further enacted, That the keeper of every gaol or house of correction, to which any such be committed, shall cause to be kept a true account of the labor of every such convict, and of the articles manufactured or produced by each, and all other proceeds of his or her labor; and also of the cost of the materials furnished to each convict, and of all other charges and expenses attending the execution of this act; and he shall also cause the articles manufactured by each convict or other produce of his or her labor to be sold, and like account of the proceeds of such sales to be kept; all which accounts, from time to time, shall be reported and presented to said Court in the county, in which the or house of corrections is situated. And at the expiration of the term for which any such convict shall have been sentenced, if appear that the proceeds of his or her labor have been more than sufficient to pay for the cost of the materials, with which he or she may have been furnished, and for his or her maintenance in the gaol or house of correction, and for all other charges and expenses incurred in keeping such convict confined and employed in manner aforesaid, the residue of such proceeds shall be paid over to such convict for his or her own use: Provided, That said Court if it see fit, at any time during the confinement of such convict, when it shall appear that the proceeds of his or her labor are more than sufficient for the purposes aforesaid, may order the residue of said proceeds or any part thereof to be paid over to the use of the family of such convict, if any he or she have; and in such case the balance only of such proceeds, if any remain at the time of the discharge of such convict, shall be paid to him or her in manner aforesaid. And all charges and expenses incurred in maintaining such convicts, and keeping them employed, excepting such as may be reimbursed by the proceeds of their labor, shall be paid by the State, And the accounts of the gaoler or keeper of the house of correction in that behalf being first settled by the Court aforesaid in the counties respectively, in which the gaol or house of correction is situated, the said Courts respectively are thereby authorized to order such sums, as may, from time to time, be necessary to enable the gaoler or keeper of the house of correction to provide such tools and materials as aforesaid to be advanced and paid to him out of the Treasury of the county in which the gaol or house of correction may be situated, such gaoler or keeper of the house of correction to be accountable in manner abovementioned for the expenditure of the same, and to repay the amount thereof into the said county Treasury out of the proceeds of the labor of such convicts, or out of the moneys received by him in that behalf from the Treasury of the State.
SECT. 4. BE it further enacted, That if any such convict shall be unruly or shall disobey any of the regulations established as aforesaid for the government of the convicts in the gaol or house of correction, to which he or she is committed, it shall be lawful for the Sheriff of the county in which the gaol or house of correction may be, after due inquiry into the circumstances of the case, to order such unruly or disorderly convict to be kept in solitary imprisonment and to be fed on bread and water only, in the manner provided, in the first section of this act, for a term not exceeding ten days, for every such offence. And it shall be the duty of the gaoler or keeper of the house of corrections to furnish every such convict, who may be capable and willing to read, with a copy of the bible and with such moral and religious tracts, as may be suited to their condition, when he can procure the same from any Bible Society or from other well disposed persons; and also to permit any Minister of the Gospel, who may be disposed to aid in the reformation of such convicts and to instruct them in their moral and religious duties, to have access to them when in solitary imprisonment, and at all other times, when not employed in labor according to the provisions of this act.
SECT. 5. BE it further enacted, That when any gaol or house of correction shall, hereafter, be erected in any county, suitable apartments shall be made therein for the purpose of solitary imprisonment, and yards shall be laid out adjoining thereto of sufficient dimensions for the employment of all such convicts, and enclosed with a fence sufficiently high and strong to prevent escapes and all access to or intercourse with such convicts by any persons from without the prison. And it shall be the duty of the Count of Sessions in every county in which there is now a gaol or house of correction, suitable for the confinement of such convicts forthwith to order such yards to be laid out and enclosed as aforesaid, adjoining to such gaol or house of correction. And any county which shall for the space of two years after such order neglect to make such yard or fence according to the provisions of this act, shall forfeit and pay to the use of the State the sum of five hundred, dollars to be recovered on information or indictment before the Supreme Judicial Court when sitting within or for any adjoining county.
SECT. 6. BE it further enacted, That whenever it shall appear to the Court, at the time of passing such sentence as aforesaid, that there is no gaol or house of correction in the county where the offence may have been committed, suitable for the confinement of such convict according to the provisions of this act, such Court may order the sentence to be executed in any neighboring county in which there mav be a gaol or house of correction, suited to that purpose, and every such convict shall be confined and kept at work in the gaol or house of correction, to which he shall be so committed in like manner in all respects as if the sentence had been passed in the county in which the gaol or house of correction is situated.
SECT. 7. BE it further enacted, That Inscription of the text:An Act relating to the punishment of convicts, who may be sentenced to solitary imprisonment and confinement to hard labor, adopted by the Constitution of this State be and the same is hereby repealed. [This Act passed June 27, 1820.]
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An Act respecting the Militia
Maine State Legislature and William King
Inscription of the text:
An Act respecting the Militia
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That in addition to the exemptions made by the laws of the United States, the Justices of the Supreme Judicial Court, all officers who have heretofore held, or may hereafter hold commissions in the Militia of this State, for the term of five year, or shall. been superseded, and honorably discharged by the laws of this or any other of the United States, and all regularly ordained Ministers of the Gospel, of every denomination, while they shall ordinarily officiate as such, and continue in regular standing; persons of the denomination of Quakers and Shakers, be, and they hereby are exempted from the performance of military duty.
SECT. 2. BE it further enacted, That each of the persons Person, hereinafter mentioned, may be exempted from the performance of military duty, notwithstanding their being of the age of eighteen years, and under the age of forty-five years, viz: the members of the Executive Council; the Judges of all Courts of Common Pleas and their Clerks; Judges of Probate; Registers of Probate; Registers of Deeds; the Attorney General and County Attorneys; the Secretary and Treasurer of the State and their Clerks; Justices of the Peace, holding commissions and qualified to act as such; Sheriffs and Deputy Sheriffs; Coroners; all officers and students of any College, Theological Seminary, or Academy, actually resident at the same; all School-Masters, while actually employed as such; all students of divinity, who shall produce a certificate from an ordained minister of their being such, and deliver the same to the commanding; officer of the company within the bounds of which such student resides; the first Clerk in the Adjutant General's office; all Physicians and Surgeons; all officers who have held or may hereafter hold commissions in the Militia of this State for a term less than five years, and have been discharged otherwise than in pursuance of any sentence of a Court-Martial; and all officers who have held or may hereafter hold commissions in the Army or Navy of the United States, or in the Militia of any of the United States: Provided, That each person so exempted shall pay to the Treasurer of the town, district or plantation, within which such exempt resides, six dollars annually, and produce his receipt therefor to the commanding officer of the company, on or before the first Tuesday of May in each year.
SECT. 3. BE it further enacted, That all persons liable by law to performance of military duty, who are or may be between the ages of forty and forty five years, be, and they hereby are exempted from military duty, except that of being detached or called forth to execute the laws of the United States, or of this State, to suppress insurrections and repel invasions, and of keeping themselves constantly furnished with the arms and equipments required by the laws of the United States, and the duty of carrying or sending them on the first Tuesday of May annually, to the place of inspection or view of arms of the company within the bounds of which they may reside, and in which they may be enrolled; and the duty of attending the election of company officers: Provided, They shall each pay to the Treasurer of the town, district or plantation, within which they reside, the sum of one dollar annually, and produce his receipt therefor to the commanding officer of the company, on or before the first Tuesday of May ill each year.
SECT. 4. BE it further enacted, That the said Treasurers shall severally keep a fair account of all monies by them received by virtue of this act, subject at all time to the inspection of any of the commanding officers of the company or companies in the towns, districts or plantations, to which they belong; and shall annually, on or before the second Wednesday of January, transmit to the Treasurer of the State, a fair account of all monies so by them received; and shall within thirty days thereafter pay the amount thereof into the Treasury of this State, and the same shall there constitute a fund to be appropriated and disposed of as the Legislature shall, from time to time direct, for the sole purpose of arming, equipping and uniforming the Militia.
SECT. 5. BE it further enacted, That all students of any College, Theological Seminary, or Academy, shall be enrolled and held to do duty only in the towns and plantations, wherein their residence is established according to law.
SECT. 6. BE it further enacted, That tile several divisions of the militia of this State, shall be numbered in an ascending arithmetical series, so that the Division, now called the sixth, shall be the first, and all others shall retain their numerical relation thereto; and every new Division shall be designated by the number, next higher than that of the division established next before it, and the Divisions shall take rank according to the numbers by which they are severally designated, the first being the highest in rank. And the commission of every officer shall designate the Division, Brigade, Regiment or Battalion and the Corps, in which he shall be commissioned, and all officers shall take rank from the day of their elections or appointments respectively, which shall be designated in their commissions.
SECT. 7. BE it further enacted, That the Governor and Commander in Chief be, and he hereby is authorized and empowered, by and with the advice of the Council, to organize and arrange the Militia of this State, conformably to the laws of the United States, and to make such alterations therein, as from time to time, may be deemed necessary. And that all applications or petitions for raising companies at large, and for alterations in the arrangement of the Militia, shall be made to the Governor, and he by and with the advice and consent of the Council, is hereby authorized to grant such petitions or applications as to him may appeal proper: Provided, That the present organization and arrangement of the Militia, shall continue until the Governor, with advice of the Council, shall otherwise order.
SECT. 8. BE it further enacted, That every officer now commissioned in the Militia of this State, shall within sixty days from the passing of this act, take and subscribe the oaths required by the Constitution. And every officer hereafter to be commissioned in the Militia, under the authority of this State, shall, before he enter on the discharge of the duties of his office, take and subscribe the oaths required by the Constitution. And on the back of every military commission, the following form of certificate of qualification shall be printed. "This may certify, that A. B. commissioned as within, on this --day of --, A. D. --, personally appeared, and took and subscribed the oaths required by the Constitution and laws of this State, and a law of the United States, to qualify him to discharge the duties of his office. " Before me, ----."
SECT. 9. BE it further enacted, That it shall be the duty of all field or general officers, who have commissions in their hands, issued by the Governor of Massachusetts, intended for officers heretofore elected in the Militia of this State, forthwith to transmit the same to the Commander in Chief, who is hereby authorized to issue to each such officer a commission under the seal of this State.[This Act passed June 28, 1820.]
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An Act to alter and change the names of certain persons therein mentioned
Maine State Legislature and William King
Inscription of the text:
An Act to alter and change the names of certain persons therein mentioned.
BE it enacted by the Senate and House of Representatives in Legislature assembled, That from and after the passing of this act, John Godfrey Stevens, of Fryeburg, in the county of Oxford, shall be allowed to take the name of John Stevens Bradford ; that Susanna Smith, of York, in the county of York, widow of Benjamin Smith, late of Salem, deceased, shall be allowed to take the name of Susanna Preble ; that Mary Poole, of Portland, in the county of Cumberland, single woman, shall be allowed to take the name of Mary Richard son Poole ; that Asaph Nichols, of Winslow, in the county of Kennebec, Gentleman, shall be allowed to take the name of Asaph Rice Nichols ; that Benjamin Thompson, Junior, of Topsham, in the county of Lincoln, son of the late Alexander Thompson, of said Topsham, shall be allowed to take the name of Alpheus B. Thompson ; that John R. Lisherness, of Vassalborough, in the county of Kennebec, shall be allowed to take the name of Ranlet Ness ; that Daniel Stone, the second, of Brunswick, in the county of Cumberland, shall be allowed to take the name of Daniel Perkins Stone. And said persons in future shall be respectively known and called by the names, which they are respectively allowed to take as aforesaid ; and the same shall hereafter be considered as their only proper names to all intents and purposes.[This Act passed June 23, 1820.]
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An Act to ascertain the estate Rateable within this State
Maine State Legislature and William King
Inscription of the text:
An Act to ascertain the Estate ratable within this State.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That the Assessors for each town, district and plantation in this State for the one thousand eight hundred and twenty, shall on or before the first day of November next, take and lodge in the Secretary's office, a true and perfect list, agreeably to the list hereto annexed, of all male polls, including negroes and mulattoes of eighteen years old and upwards, whether at home or abroad, distinguishing such as are exempted from taxation; and of all ratable estate both real and personal, lying within, or adjacent to their respective towns, districts or plantations,(not exempted by law from paying State taxes, )expressing by whom occupied or possessed, particularly distinguishing such adjacent estate, and particularly mentioning dwelling-houses, dwelling-houses and shops under the same roof, or adjoining thereto, shops separate from them, distil-houses, sugar-houses, tan-houses, slaughter-houses, pot and pearl-ash works, ware houses, wharves, rope-walks, grist mills, and the number of pairs of stones, fulling mills, carding machines with their buildings, sawmills, and the number of saws, spinning machines going by water, with their buildings, small arm manufactories, with their buildings, slitting mills, and all other mills, cotton and wooling factories, with their buildings, iron works, and furnaces, bake-houses, barns and all other buildings and edifices of the value of twenty dollars and upwards, and the number tons of vessels, small craft of every kind of five tons burthen and upwards, computing the same according to the rules established by the laws of the United States, whether at home or abroad ; and the amount of each persons' whole stock in trade, including all goods, wares and merchandize at home or abroad, paid for or not paid for ; also those in their hands by factorage ; also government securities of all kinds, particularly distinguishing securities of the United States, whether due for loans, upon their late established funds or otherwise, and all other monies at interest, more than such person pays interest for; also the whole amount of all monies on hand, including such as may be deposited in any Bank, or with any agent, exclusive of such as may belong to any stockholder, as such ; the amount of stock held by the stock holders in any bank; the number of ounces of plate of all kinds; the number of shares in any toll bridges or turnpikes ; horses ; neat cattle, and swine of the respective ages in the said list mentioned ; and all carriages kept for the transportation of persons and their baggage. And the said Assessors, in taking the said valuation, shall distinguish the different modes of improvement of land, and return the list in the following manner, viz. : The number of acres of pasture land, with the number of cows the same land will keep ; the number of barrels of cider that has been annually produced on an average, upon the whole farm since the last valuation ; the number of acres of tillage land, annually improved for that purpose ; the number of bushels of grain and corn of all sorts, the same will yearly produce ; the number of acres of salt marsh, with the tons of hay annually produced therefrom ; the number of acres of English upland and fresh meadow mowing land, with the tons of hay of each sort, annually produced therefrom ; and all wood land of every kind, and lands belonging to any town or other proprietary, improved or unimproved ; also the number of acres of land improved for roads, and covered with water, according to the best estimation of the Assessors ; excepting however, the polls of Ministers of the Gospel, ordained according to the usages of the sect or denomination to which they respectively belong, with their estates under their own actual occupation and improvement. And excepting the polls of the Presidents, Professors, Tutors, Librarians and Students of Bowdoin College, of the Maine Literary and Theological Institution, and of the Maine Charity School, and the real and personal estate belonging to said Institutions, or to any incorporated School or Academy ; and the Libraries and Philosophical Apparatus of any other Literary Institution; and also the funds appropriated for the support of any public School : Provided always, That the several articles of the produce of the lands hereinbefore enumerated, shall not be taken into consideration in forming a valuation, for any other purpose, than for ascertaining the relative value of lands in the various parts of this State. And the said Assessors shall cause all the columns of the several articles contained in the several lists, to be carefully cast up and footed ; and the lists of the polls and ratable estates to be taken as aforesaid, shall be taken as of the first day of August next.
SECT. 2. Be it further enacted, That the said Assessors, before they enter on this work, shall take an oath or affirmation, faithfully and impartially according to their best skill and judgment, to do and perform the whole duty of an Assessor, as directed and enjoined by this act, without favor or prejudice, which oath or affirmation may be administered by such officers, as are now authorised by law to administer the usual oaths to town officers. And each and every Assessor shall be paid by the town, district or plantation, to which he belongs, for every day he shall be necessarily employed in doing the duties enjoined by this act.
SECT. 3. Be it further enacted, That if any Assessor of any town, district or plantation within this State, for the year aforesaid, shall refuse to take such oath or affirmation, or having taken the same, shall neglect or refuse to do and perform the duties required by this act, or shall act in any w ay deceit fully therein, he shall for each of those offences, forfeit and pay a fine of fifty dollars. And every person liable to be taxed, and not out of this State, on and from the first day of August next, to the first day of November next, who shall refuse or wilfully neglect to give the Assessors in writing, and on oath or affirmation, if required, (which oath or affirmation the said Assessors, are hereby respectively empowered to administer,) a true account of all his or her ratable estate, according to the true intent and meaning of this act, shall be doomed by the said Assessors according to their best skill and judgment, to the full amount of his or her ratable estate, and shall likewise be subjected to pay a fine of six per centum, on the whole A amount of the sums in which they shall have been thus doomed by the said Assessors : Provided, Said fine shall in no case exceed fifty dollars.
SECT. 4. Be it further enacted, That the Treasurer of this State shall forthwith transmit to the Sheriffs of the several counties, a suitable number of copies of this act, and of blank lists of the form prescribed in this act, sufficient for the use of the Assessors of the several towns, districts and plantations, in their several counties, who are hereby enjoined and required immediately on receipt thereof to cause the same to be delivered to the clerks of the several towns, districts and plantations aforesaid.
SECT. 5. Be it further enacted, That the Assessors of each town, district and plantation in this State for the year eighteen hundred and twenty, shall on or before the said first day of November next, transmit to the Secretary's office a true and attested copy of the valuation by which the Assessors of the said towns, districts and plantations made the State tax in their respective towns and plantations for the year eighteen hundred and twenty. And all fines and forfeitures, arising by this Act, may be recovered in any Court of Record proper to try the same, by action of debt, one moiety to him or them who shall sue for the same, and the other moiety to the use of the State.
SECT. 6. Be it further enacted, That the following shall be the form of the list for the valuation, for the year one thousand eight hundred and twenty. A list of the polls and estates, real and personal, of the several proprietors and inhabitants of the town of , in the county of , taken pursuant to An Act of the Legislature of this State, passed in the year of our Lord eighteen hundred and twenty, entitled "An Act to ascertain the estate ratable within this State," by the subscribers, Assessors of the said , duly elected and sworn. Number of polls ratable, eighteen years old and upwards to twenty-one years ; number of polls ratable, twenty-one years old and upwards ; number of male polls, not ratable, nor supported by the town ; number of male polls supported by the town, distinguishing state paupers from town paupers ; number of dwelling-houses ; number of shops within or adjoining to dwelling-houses ; number of other shops ; number of distil houses ; number of sugar houses; number of tan houses; number of slaughter houses, and other working houses; number of pot and pearlash works; number of ware houses; number of rope-walks ; number of gristmills, and the number of pair of stones in each ; number of carding machines, with their buildings ; number of fulling mills; number of spinning machines, going by water, with their buildings ; number of saw-mills, and the number of saws ; number of small arm manufactories, with their buildings ; number of slitting mills ; number of cotton and woolen factories, with their buildings ; number of other mills ; number of iron-works and furnaces; number of bake-houses ; number of barns ; number of all other buildings and edifices of the value of twenty dollars and upwards ; number of superficial feet of wharf, and the annual income thereof; number of tons of vessels, and small craft of five tons burthen and upwards, at home or abroad, computing the same according to the rules established by the laws of the United States ; the amount of every person's whole stock in trade, goods, wares and merchandize, at home or abroad, paid for or not paid for ; the annual amount of commissions arising from factorage ; the amount of securities of the United States, of this State, or any of the United States, and at what rate of interest; the amount of money on hand, including such as may be deposited in any Bank or with any agent, and exclusive of such as may belong to any stockholder as such; the amount of stock held by the stockholders in any Bank ; number of ounces of plate ; number of shares in any toll bridges or turnpikes, and the value of such shares, with the annual income thereof ; number of acres tillage land, including orchards tilled ; number of bushels of wheat ; number of bushels of rye ; number of bushels of oats ; number of bushels of indian corn; number of bushels of barley ; number of bushels of peas and beans, raised on the said tillage land per year ; number of pounds of hops ; number of acres of English and upland mowing, including orcharding mowed ; number of tons of hay, the yearly produce of the same; number of acres of fresh meadow; number of tons of hay, the yearly produce of the same; number of acres of salt marsh; number of tons of hay, the yearly produce of the same; number of acres of pasturage, including the orcharding pastured ; number of cows the same will keep ; number of barrels of cider, which can be made yearly upon the whole farm ; number of acres of wood-laud, exclusive of pasture land inclosed ; number of acres of unimproved land ; number of acres of land unimprovable; number of acres of land owned by the town ; number of acres owned by any other proprietors; number of acres of land used for roads ; number of acres of land covered with water ; number of horses three years old and upwards ; number of oxen four years old and upwards ; number of steers and cows three years old and upwards ; number of swine six months old and upwards ; number of carriages kept for transportation of persons and their baggage ; amount of estates doomed.
SECT. 7. Be it further enacted, That the Treasurer of this State or his successor in office, shall cause to be ascertained, the number of acres of wild land, situate in this State, are without the limits of any incorporated town, or of any district or plantation, where Assessors are elected according to law (and which wild lands are owned by non-resident proprietors) and liable to be taxed. And the said Treasurer shall cause a true and correct list to be made of the same, and also of the several counties wherein the same are situated. And on or before the first day of November next, the said Treasurer shall transmit a copy of said list to the Secretary of State for the time being.[This Act passed June 27, 1820.]
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An Act to change the name of the Town of East Andover, in the County of Oxford
Maine State Legislature and William King
Inscription of the text:
An Act to change the name of the town of East Andover, in the County of Oxford.
BE it enacted by the Senate and House of Representatives in Legislature assembled, That from and after the passing of this act, the name of the said town of East Andover shall cease, and the said town shall henceforth be called and known by the name of Andover, any law to the contrary notwithstanding; and nothing in this act contained shall be construed to impair any rights of the said corporation.[This Act passed June 13, 1820.]
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An Act to divide the Town of Wells and incorporate the north easterly part thereof as a Town by the name of Kennebunk
Maine State Legislature and William King
Inscription of the text:
An Act to divide the town of Wells, and incorporate the northeasterly part thereof as a town by the name of Kennebunk.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That all that part of the town of Wells, in the county of York, lying northeasterly of the followingly line, viz. : beginning at the sea, at the mouth of Little river; thence running up the middle of said river to the mouth of the Branch river; thence up the middle of said Branch river, to the line between said Wells and Sanford, with the inhabitants thereon, be, and the same hereby are incorporated into a separate town, by the name of Kennebunk ; and vested with all the powers, privileges and immunities, and subject to all the duties and requisitions of other corporate towns, agreeably to the constitution and laws of this State.
SECT. 2. Be it further enacted, That the inhabitants of the said town of Kennebunk, shall be holden to pay the arrears of all taxes, which have been legally assessed on them, together with their proportion of all assessments, which may have been voted by, and debts due from said town of Wells at the time this act may take effect; said proportion to be ascertained by the last valuation of the respective towns. And said in habitants of Kennebunk shall be entitled to receive their proportion of all assessments voted by, and debts and taxes due to said town of Wells at that time; and also their proportion of the personal property, (except as hereinafter mentioned,) to be divided according to the valuation aforesaid.
SECT. 3. Be it further enacted, That all persons, belonging to said town of Wells, who shall be chargeable, as paupers, when this act may take effect, or shall afterwards become chargeable, shall be considered as belonging to, and having their settlement in said town of Wells or Kennebunk, respectively, according as their settlement may have been gained on the territory of the one, or the other, at the time this act may take effect, and in future, shall be chargeable to such town only; and the unascertained expenses, up to said time, of all paupers, residing out of said town of Wells, but belonging thereto, shall be paid by said towns, in proportion to the Valuation before mentioned.
SECT. 4. Be it further enacted, That the real estate, owned by said town of Wells, shall belong to said Wells or Kennebunk, according to the local situation thereof within their respective boundaries; and the town stock of powder, balls, flints, guns and camp equipage on hand, at the time this act may take effect, shall be divided between said towns, in proportion to the number of men borne on the rolls of the militia of the respective towns, at said time.
SECT. 5. Be it further enacted, That the privileges of obtaining clams, sea-weed, and rock-weed from the beaches and flats in said towns, which the inhabitants have been accustomed to use from time immemorial, shall continue in common as heretofore.
SECT. 6. Be it further enacted, That any Justice of the ji Peace for the county of York, is hereby empowered, upon application therefor, to issue his warrant, directed to any free hold inhabitant of said town of Kennebunk, requiring him to notify and warn the inhabitants thereof, qualified to vote in town affairs, to meet at such convenient place and time, as shall be appointed in said warrant, for the choice of such officers, as towns are bylaw authorized and required to choose and appoint, at their annual meetings.
SECT. 7. Be it further enacted, That this act shall take effect from and after the thirty-first day of July next.[This Act passed June 13, 1820.]
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An Act to encourage Literature and the useful Arts and Sciences
Maine State Legislature and William King
Inscription of the text:
An Act to encourage Literature and the useful Arts and Sciences.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That there be and hereby is granted to the President and Trustees and Overseers of Bowdoin College, the sum of three thousand dollars annually from and after the fourteenth day of February which shall be in the year of our Lord eighteen hundred and twenty four, until the term of seven years therefrom, shall be complete and ended, to be paid in semi-annual payments out of the Treasury of this Stale from monies arising from the tax on certain Banks not otherwise appropriated.
SECT. 2. Be it further enacted, That the sum of one thousand dollars annually, be, and hereby is granted to the Maine Literary and Theological Institution from and after the fourteenth day of February which shall be in the year of our Lord one thousand eight hundred and twenty-one, for the term of seven years, to be paid out of the Treasury of this State in the manner provided in the first section of this Act.
SECT. 3. Be it further enacted, That at least one fourth part of the sums to be received by said College and said Literary and Theological Institution, shall be appropriated for and towards the partial or total reduction of the tuition fees of such Students not exceeding one half the number of any class who may apply therefor, according to the judgment of the said Corporations respectively.
SECT. 4. Be it further enacted, That the President, Directors and Company of the Cumberland Bank, and, President, Directors and Company of the Bank of Portland, shall pay the sums reserved to be paid as a tax on said Banks, to the State of Maine, into the Treasury of this Stale to create a fund for the purposes aforesaid, for the term of seven years from the 24th day of February, Anno Domini eighteen hundred and twenty-four, and so long as the present Charters of said Banks, and the tax thereon may by law continue.
SECT. 5. Be it further enacted, That the President, Directors and Company of the Waterville Bank, shall pay the sums reserved to be paid as a tax on said Bank to the State of Maine, into the Treasury of this State to create a fund for the purposes aforesaid from and after the passing of this Act, until the fourteenth day of February which shall be in the year of our Lord eighteen hundred and thirty-one, and so long as the present Charter of said Bank and the tax thereon may by law continue : Provided however, That if the said sums shall be so paid by said Banks, the sums hereby granted shall be paid by the Treasurer of the State to said College and said Literary and Theological Institution respectively as above granted, in satisfaction of the grants aforesaid : Provided also, That this grant shall be null and void whenever the sum of four thousand dollars, shall not be annually received from the Banks aforesaid into the Treasury thereof from the tax upon them as aforesaid.[This Act passed June 28, 1820.]
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An Act to enlarge the powers of the Maine Literary and Theological Institution
Maine State Legislature and William King
Inscription of the text:
An Act to enlarge the powers of the Maine Literary and Theological Institution.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That the President and Trustees of the Maine Literary and Theological Institution are hereby authorized and empowered to confer such degrees, degrees as are usually conferred by Universities established for the education of youth : Provided, That the said Corporation shall confer no degrees other than those of Bachelor of Arts, and Master of Arts, until after the first day of January, which will be in the year of our Lord eighteen hundred and thirty. And provided also, that the said Corporation shall not make or have any rule or by-law requiring that any member of the Trustees shall be of any particular religious denomination. Provided, That no Student belonging or who may hereafter belong to said Institution, sustaining a fair moral character, shall be deprived of any privileges of said Institution, or be subjected to the forfeiture of any aid which has been granted by said Institution, for the purpose of enabling him to prose cute his studies, or be denied the usual testimonials on closing his studies, or be denied admission to said Institution on the ground that his interpretations of the scriptures differ from those which are contained in the articles of faith adopted, or to be adopted by said Institution.
SECT. 2. Be it further enacted, by the authority aforesaid, That the Legislature of this State shall have the right to grant any further powers to, alter, limit or restrain any of the powers vested in said Corporation, as shall be judged necessary to promote the best interests thereof.[This Act passed June 19, 1820.]
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An Act to establish a Medical School in this State
Maine State Legislature and William King
Inscription of the text:
An Act to establish a Medical School in this State.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That there be and hereby is established under the control, superintendance and school under the direction of the President and Trustees and Overseers of Bowdoin College, a Medical School for the instruction of Students in Medicine, Anatomy, Surgery, Chemistry, Mineralogy and Botany.
SECT. 2. Be it further enacted, That the said President and Trustees and Overseers of Bowdoin College, be, and they hereby are authorized to appoint, and it shall be their duty to appoint, as soon as may be, learned Professors of Medicine, Anatomy, Surgery, Chemistry, Mineralogy and Botany, who shall deliver regular lectures in their respective branches at such times as the corporation shall prescribe.
SECT. 3. Be it further enacted, That there be and hereby is granted to the President and Trustees and Overseers of Bowdoin College for the benefit of said Medical School and for procuring the necessary books, plates, preparations and apparatus, the sum of fifteen hundred dollars to be paid out of the Treasury of this State, out of any monies not otherwise appropriated by law ; and the further sum of one thousand dollars annually, until the Legislature shall otherwise order and direct.[This Act passed June 27, 1820.]
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An Act To establish Courts of Sessions
Maine State Legislature and William King
Inscription of the text:
An Act To establish Courts of Sessions.
SECT. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That there shall be a Court of Sessions in the several counties within this State, to consist of one Chief Justice and not exceeding four nor less than two Associate Justices at the discretion of the Governor and Councill, a majority of whom appointed for any county may constitute a quorum for doing business; to be appointed and commissioned by the Governor with advice and consent of Council, as soon as conveniently may be, who are hereby vested with all powers relative to the erection and repair of gaols, and other county buildings, the allowance and settlement of county accounts, the estimate, apportionment and issuing warrants, for assessing county taxes, granting licences, laying out, altering and discontinuing highways, appointing Committees and ordering Juries for that purpose; as well as all other duties appertaining to a Court of Sessions.
SECT. 2. BE it further enacted, That the Courts of Sessions of the shall be holden within and for the several counties in this State, at the times and places following, to wit: within and for the county York at York, on the Tuesday next preceding the third Monday of April, and at Alfred on the Tuesday next preceding the second Monday in September; within and for the county of Oxford, at Paris on the third Tuesday of June and first Tuesday of October; within and for the county of Cumberland, at Portland, on the fourth Tuesday in March, and on the second Tuesday in September; within and for the county of Kennebec, at Augusta, on the last Tuesday in April and on the first Tuesday in August; within and for the county of Somerset, at Norridgewock, on the second Tuesday in March, and on the second Tuesday in September; within and for the county of Lincoln, at Wiscasset, on the Thursday succeeding the fourth Monday in April; at Warren, on the Thursday succeeding the second Monday in January; at Topsham, on the Thursday, succeeding the fourth Monday in August; within and for the county of Hancock, at Castine, on the Thursday next succeeding the third Tuesday of March, and on the Thursday next succeeding the third Tuesday of November; within and for the county of Washington, at Machias, on the first Tuesday in March, and on the first Tuesday in September; within and for the county of Penobscot, at Bangor on the first Tuesday of March, and on the first Tuesday of September.
SECT. 3. BE it further enacted, That all matters, taken for, returnable to, or are now pending in the several Courts of Session, shall be returnable to, have day, be proceeded in, and determined by the respective Courts of Sessions, within and for the same counties, at the term thereof next to be holden as by this Act provided. And the Clerks of the Circuit Court of Common Pleas, within the several counties shall be Clerks of the Court of Sessions.
SECT. 4. BE it further enacted, That the Justices of the Court of Sessions, shall receive for their services three dollars for each day, during their attendance in said Court, and one dollar for every ten miles travel, to be paid out of the county Treasury.
SECT. 5. BE it further enacted, That at whenever it shall happen, that there is not a majority of said Justices, assembled at the time for holding the said Court, any one or more of said Justices, shall have power to adjourn said Court, until a quorum shall be assembled.
SECT. 6. Be it jU1'thel' enacted, That all acts heretofore made respecting Courts of Sessions, and which are inconsistent with the provisions of this act, be, and the same are hereby repealed.[This Act passed June 27, 1820.]
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