Commonwealth of Massachusetts. AMENDMENT Proposed to Bill in addition, &c., concerning Poor Debtors. (House No. 19.) Mr. Tolman, of Boston, moves to strike out all after the enacting clause, and to insert the following, viz: SECT. 1. Whenever any person shall apply for the benefit of the laws for the relief of poor debtors, he shall not be allowed to take the oath prescribed in the ninth section of the ninetyeighth chapter of the Revised Statutes, if the plaintiff or creditor shall prove, to the satisfaction of the court or magistrates before whom the examination is had, that the debt, or any part thereof, for which the arrest has been made, was for money, goods, or merchandise, or other property taken or obtained by the debtor under, through, or by means of, any false or fraudulent representation, pretence or token whatsoever. SECT. 2. After the examination of any debtor shall be commenced in any court, or before any justices of the peace and of the quorum, and property, exceeding in value twenty dollars, and not exempted by law from attachment, shall be disclosed, it shall not be lawful for the debtor, during the continuance of such examination, to convey such property to any person other than the plaintiff or creditor in the case then under examination. SECT. 3. The laws for the relief of poor debtors shall be deemed and taken to include persons who have been, or may be, committed to jail on execution in any civil suit, for any debt due the Commonwealth. SECT. 4. When the examination is held before two justices of the peace and of the quorum, and the case shall be adjourned, on motion of the plaintiff or creditor, the said magistrates shall have power to order the continuance on such terms, as to expenses, as may be deemed just and equitable. SECT. 5. Whenever the debtor shall give the plaintiff or creditor a second notice, or any notice subsequent thereto, of his intention to take the benefit of the laws for the relief of poor debtors, and shall neglect to appear for examination, the plaintiff or creditor, if he shall attend at the time and place appointed, shall recover such costs against the debtor as would be taxable upon the default of a defendant in a justice's court, and it shall be the duty of the said magistrates, on motion, to enter up judgment and issue execution accordingly. SECT. 6. The thirty-ninth section of the ninety-eighth chapter of the Revised Statutes is hereby repealed. SECT. 7. Nothing contained in the act to which this is in addition shall be so construed as to exclude the fractional parts of a day in computing the time allowed to a plaintiff or creditor for his travel to attend the examination of a debtor who has applied for the benefit of the laws for the relief of poor debtors. Reported by the Committee on the Judiciary. Commonwealth of Massachusetts. In the Year One Thousand Eight Hundred and FortyFive. AN ACT Relating to Rail-roads and Common Roads. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: 1 SECT. 1. If the selectmen of any town, wherein 2 any rail-road either crosses any turnpike, highway 3 or townway, or is laid parallel with or so near to 4 any turnpike, highway or townway, as to occasion 5 danger to the public, shall be of opinion that further 6 security for the public, than is now provided for by 7 statute, is necessary; the said selectmen may in 8 writing request said rail-road corporation to provide 9 such security, and if said corporation shall neglect 10 or refuse so to do, the said selectmen may apply to 11 the County Commissioners to decide upon the rea12 sonableness of such request; and if said commis13 sioners, after due notice and hearing the parties, 14 shall decide that such further security for the public 15 is necessary, they shall further decide upon the man16 ner in which said security shall be provided,—and 17 said rail-road corporation shall comply with said de18 cision, and shall pay the costs of the application ; 19 and if the said commissioners shall be of opinion 20 that such further security for the public is not neces21 sary, the said selectmen shall be liable to pay all 22 the costs of their application. 1 SECT. 2. If any rail-road corporation shall un2 reasonably neglect or refuse to comply with the order 3 of the County Commissioners, they shall forfeit, for 4 every such neglect or refusal, a sum not exceeding 5 one thousand dollars; and the said rail-road corpo6 ration shall also be liable for all damages sustained 7 by any person, by reason of such neglect or refusal, 8 to be recovered in an action on the case by the per9 son sustaining such damages. Commonwealth of Massachusetts. In the Year One Thousand Eight Hundred and FortyFive. AN ACT Concerning Bail in Criminal Cases. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: 1 SECT. 1. Whenever any person under indictment 2 for any offence bailable by law shall be arrested after 3 the adjournment of the court in which the same is 4 triable, any justice of the same court, or any stand5 ing or special commissioner, appointed for such pur |