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recorded in the supreme judicial court, such record shall be construed to operate and be a full and effectual rever. sal of the aforesaid judgment of outlawry; and such town, district, plantation, precinct, or parish, shall have all other remedies against such constable, or collector, as they would have been entitled to, had no such process of outJawry ever been commenced.
XVII. Proceedings where constables or collectors have had rates committed to them, and have removed or are about to remove from the commonwealth.
By statute, it is enacted, that where any constable or Stat, 1783, c. 10, s. 1,
collector, in any town, precinct, or parish, within this Where constables or collectors have had commonwealth, shall have had any rates or assessments rates coinmitted to them, and have re, committed to him to collect, and has removed, or in the moved, or are about case, the selectement judgment of the selectmen, assessors, or treasurer of the of the town, or com. mittee of the parish, said town, or the committee or treasurer of the precinct, may call a town or parish meeting, set. or parish, (as the case may be) is about to remove out of ting forth in their warrant the cause of this commonwealth, before the time set in his warrant or sach meeting
warrants, to make payment to the several treasurers therein mentioned, or the time of payment be elapsed, and the treasurer or treasurers has thereupon issued his or their warrant or warrants of distress, that in either case it shall and may be lawful for the selectmen of such town, or committee of such precinct or parish, on their own motion, or at the request of their respective asses
sors or treasurers, to call a town, precinct, or parish Persons may be cho meeting, in due form of law, setting forth in their warto make a settlement rant the cause of such meeting, and requiring the voters with such constables or collectors. qualified by law at the said meeting, if the said voters shall
think it proper, either by themselves or such person or persons as they shall appoint, to settle with the said constable or collector who is under either of the abovementioned circumstances, and who has or is about to remove as aforesaid, for the money he has received on the rate bill or bills that has been delivered to him, and demand and receive his said bill or bills, and give him a discharge
therefor; and at the said meeting may proceed to the
At such meeting a choice of another constable, or collector, who, upon non- new.constable or cola acceptance, shall be liable to the same fine, as if he had Penalty for refusing been originally chosen in the month of March, and the Proceedings its such
case. town, parish, or precinct, shall proceed to a new choice, and so toties quoties, until one is chosen who shall accept and be sworn accordingly. And the assessors shall make out a new warrant under
The warrant of the their hands and seals, in due form of law, and shall des assessors to the new liver the warrant, together with the same bill or bills, to the person chosen as aforesaid, to collect and levy what shall be remaining due thereon ; and the person so chosen is vested with the same authority to levy and collect what shall then remain due on the same bill or bills, as the constable or the collector was to whom they were first committed.
The same statute has further enacted, that if any constable or collector, so removing or intending to remove
Penalty in case à conhimself out of this commonwealth, shall refuse to deliver stable or collector
refuses to deliver, on the bill or bills of rates or assessments committed to him demand, a bill of to collect, and all moneys collected by him thereon, and moneys collected
thereon, and remaintremaining in his hands, when demanded by the assessors ing in his hands. or selectmen, or the major part of them as aforesaid, to deliver the same; he shall pay a fine of sixty pounds, to the use of the town, precinct, or parish of which he was constable, or collector, to be recovered by such town,
Mode of recovery: precinct, or parish, in any action of debt to be brought in any court of law proper to try the same ; and shall remain
Further liability of liable to pay what shall remain due upon the bill or bills such constable or committed to him to collect, as is by law provided.
XVIII. The fees of collectors.
In case of distress or commitment for the non-payınent
Stat. 1785, c. 70, s. 18 of taxes, the officer concerned therein shall be entitled to the same fees which by law are or may be entitled to for levying executions, saving that the travel, in case of distress, shall be computed only from the dwelling house
Suat. 1785, c. 46, s. 9.
of the officer making such distress, to the place where the distress may be made.
XIX. What property is exempted from distress.
It is provided by statute, that, in no case whatever', any distress shall be made or taken from any person, of his arms, or household utensils necessary for upholding life ; nor of tools or implements necessary for his trade or occupation, beasts of the plough necessary for the cultivation of his improved land; nor of bedding or apparel necessary for him and his family.
XX. What shall be deemed sufficient evidence that a collector has posted notifications for the sale of lands. The affidavit of
person, taken before a justice of the peace, of the posting notifications, required by law, for the sale of any land, which shall be sold by any sheriff, constable or collector, in the execution of his office, may be used in evidence of the fact of notice, upon any trial of the validity of such sale ; provided that such affidavit, made on one of the original advertisements, or on a copy of one of them, shall be filed and recorded in the registry of deeds, of the county or district where the land lies, within six months.
Stat. 1791, c. 63, s. 2.
XXI. Power of a preceding collector to perfect his collections after a succeeding collector is chosen.
Stat. 1785, c. 70, $. 8.
By statute it is enacted, that when the constables or collectors be anew chosen and sworn, in any town, district, plantation, precinct, or parish, before the former constables or collectors have perfected their collection of any state, or other tax or assessment, to them committed to collect, such former constables or collectors are empowered and required to perfect all such collections, and shall and may exercise the same powers and authority for the collecting and enforcing the payment thereof as they might have done before other constables or collectors were chosen and sworn.
1. Of the establishment of these courts by statute.
2. Of the special justices thereof; their appointment and power.
3. Of the nature and extent of the jurisdiction of these
I. Of the establishment of these courts by statute.
A court of commar
By statute, 1782, c. 11, it is enacted, That there shall be held and kept within each county of this commonwealth, each county of the
pleas established in
commonwealth. at the times and places by law appointed, a court of common pleas, by four substantial, discreet, and learned persons, each of whom to be an inhabitant of the county wherein he shall be appointed; which persons shall be appointed and commissioned by the governor, as is provided by the constitution; and they, or any three of them, shall be a court, and have cognizance of all civil actions of the value of more than forty shillings, arising or happening within their county, triable by common or statute law, of what nature or species soever the same may be, and shall be fully empowered, when qualified as the constitution directs, to give judgment, and award execution accordingly, and to administer all necessary oaths, and to do and order whatsoever by the constitution and laws shall be their duty to do.
And all writs and processes issuing from the several courts of common pleas, shall be in the name of the commonwealth of the writs and pro.
cesses issuing froni' of Massachusetts, bear test of the first justice who is not a party, and be under the seal of the court, and signed by the clerk thereof, and shall have force, be obeyed and executed, in every county within the commonwealth. And all original processes in the said courts shall be summon, cafias, or
attachment, which shall be served and executed fourteen days before the day of the sitting of the court whereunto they are returnable.
And the justices of the said court of common pleas shall Power of the judges have power from time to time to make and establish all the regulation of their dasiness. necessary rules for the orderly conducting of business in
the same court, provided such rules are not repugnant to the laws of the commonwealth, or to those rules established by the supreme judicial court.
By statute 1798, c. 24, provision is made for the appointment of a chief justice.
And now by statute 1803, c. 155, s. 1, it is provided, that These courts to con sist of three justices from and after the passing of the act, the courts of common
pleas within this commonwealth, in each of those counties where there were not then more than three justices of said court, and in every other county, whenever the number of justices of said court shall, by death, resignation or otherwise, be reduced to three, shall respectively consist of three justices, and no more, to be appointed and qualified as the
constitution and law direct; and the governor, with the advice Provision for the ap pointment of a chief and consent of the council, may from time to time appoint one justice.
of said three justices, to be chief justice of said court; and all writs and processes, issuing from said court, shall bear test of the chief justice thereof, except where he shall be a party, and when there shall be no such chief justice, in which cases such writs and processes shall bear lest of the senior justice who is not a party.
The judges of these courts are appointed by the goverThe tenure by which nor, with the advice and consent of the council ; and hold the judges hold their
their offices during good behaviour. However, the governor, with the consent of the council, may remove them on the address of both houses of the legislature.
These judges have no stated salaries, but like justices of Their compensation, the peace, receive certain fees, fixed by law, on the actions
and other business which come before them. 1795, c. 80, s. 4. By statute it is enacted, that no person who shall receive must pay before he is a commission appointing him to the office of judge of the
Const. c.2, sec. 1, a. 9.