Attachment of real property may be dissolved by defendant by

plaintiff.

to examine and appraise the property described in the application, who shall be sworn to appraise the same at its fair market value, and who shall make return of their doings in writing to the master, at a time and place fixed by him, to which the hearing shall be adjourned. At such adjourned hearing, the defendant may give bond to the plaintiff, with sufficient sureties, to be approved by the master, as herein provided. Said bond shall be filed by the defendant with the clerk of the court to which the writ is returnable, or in which it is pending, within ten days after its approval by the plaintiff, or his attorney, or the master, and upon the filing of such bond, the attachment upon the property therein described, shall be dissolved.

SECTION 3. When an attachment of real property is made under the provisions of sections fifty-five and fifty-six of chapter one hundred and twenty-three of the General Statgiving bond to utes, the person in whose name the record title of the property attached stands, or some one in his behalf, may, before final judgment in the action, dissolve the attachment by giving bond to the plaintiff, with sufficient sureties, conditioned to pay the sum ascertained to be the value of the land, or so much thereof as shall satisfy the amount, if any, which plaintiff shall recover, provided the plaintiff shall establish his title to the land in a writ of entry against the person having the record title thereto at the time of the attachment. All proceedings required in the preceding section to be taken to dissolve an attachment, shall apply to a dissolution of attachment under this section. In the trial of judgment to be a writ of entry, brought by the plaintiff in the suit, to try dence of seisin his right to the land released from attachment, for the purin the plaintiff. pose of establishing his right to recover on said bond, the

Record of

attachment and

conclusive evi

Masters in chancery

record of the attachment, and of final judgment, in the suit upon which the attachment was made, shall be conclusive evidence of a momentary seisin in the plaintiff, of the land, so far as to enable him to maintain an action therefor, upon his own seisin; but no such writ of entry shall be brought after the expiration of one year from the date of such final judgment. If the plaintiff shall recover judgment on such writ of entry, no execution for possession shall issue thereon, but execution may issue for costs of suit.

SECTION 4. Masters in chancery may adjourn the hearadjourn meetings authorized and required to be held by them, under this act, from time to time, as they may deem necessary.

ings from time to time.

Fees.

They shall be allowed one dollar for each citation and two dollars for each hearing and each adjournment thereof. The fees of the appraisers shall be determined by the mas

§

der G. S. 123,

where writ is

ters according to the circumstances of each case. The applicant shall pay all fees in the first instance; but in case of final judgment in his favor he shall be allowed to tax them as a part of his costs. The master's certificate of the amount shall be required by the clerks of courts to be filed in the. case before allowing said fees as a part of the taxable costs. SECTION 5. The bond provided for in section one hundred Bond given unand four of chapter one hundred and twenty-three of the $ 104, to be filed General Statutes, shall be filed by the defendant, with the in clerk's office clerk of the court, to which the writ is returnable, or in returnable. which it is pending, within ten days after its approval by the plaintiff, or his attorney, or the master, and the attachment shall not be dissolved until the bond is so filed. Such bond, and the bonds provided for by this act, may be taken from the files, at any time, by the plaintiff, upon leaving with the clerk, a copy thereof, attested by the clerk, and the plaintiff may tax the cost of such copy, as part of his costs, in a suit on such bond.

SECTION 6. Chapter one hundred and thirty-seven of the Repeal. acts of the year eighteen hundred and sixty-seven, is hereby repealed, but such repeal shall not affect any rights acquired, or liability incurred, under the provisions of said chapter. SECTION 7. This act shall take effect upon its passage. Approved May 28, 1870.

AN ACT CONCERNING INTEREST ON BONDS OF CORPORATIONS. Be it enacted, &c., as follows:

Chap. 292

not to exceed

Bonds issued by railroad or other corporations under Rate of interest authority of law may bear interest not exceeding the rate of seven per cent. seven per centum a year.

Approved May 28, 1870.

Chap. 293

AN ACT TO INCORPORATE THE TOWN OF MASHPEE.

Be it enacted, &c., as follows:

ished and town

SECTION 1. The district of Marshpee is hereby abolished, District aboland the territory comprised therein is hereby incorporated of Mashpee ininto a town by the name of Mashpee; and said town of corporated. Mashpee is hereby invested with all the powers, privileges, rights and immunities, and subject to all the duties and requisitions to which other towns are entitled and subject by the constitution and laws of this Commonwealth.

fishing rights,

SECTION 2. All common lands, common funds, and all Common lands, fishing and other rights held by the district of Marshpee, are &c., transferred hereby transferred to the town of Mashpee, and shall be to town. owned and enjoyed as like property and rights of other towns are owned and enjoyed. Any lease held by any party of rights of fishing in Marshpee, made under authority of any law of this Commonwealth, shall continue in force

according to the terms thereof, and the rent shall be payable to the treasurer of the town of Mashpee. The town of Mashpee shall succeed to all contracts, rights of action and liabilities of the district of Marshpee, and may sue and be sued in relation to the same.

SECTION 3. Any justice of the peace of the county of Barnstable, may issue his warrant, directed to any principal inhabitant of the town of Mashpee, requiring him to notify and warn the inhabitants thereof qualified to vote in district affairs, to meet at the time and place therein appointed for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings, and said warrant shall be served by publishing a copy of the same in some newspaper printed in the county of Barnstable, and by posting up copies thereof, attested by the person to whom the same is directed, in three public places in said town, seven days at least before such time of meeting. Such justice, or in his absence, such principal inhabitant, shall preside until the choice of a moderator in said meeting.

At such meeting all inhabitants of said town heretofore qualified to vote in district affairs may vote, and the proceedings at such meeting shall be in accordance with the provisions of the act establishing the district of Marshpee.

SECTION 4. The said town shall be and form a part of the same representative, senatorial, councillor and congressional districts as the town of Barnstable until legally changed.

SECTION 5. The county commissioners of the county of Barnstable may, upon application of the selectmen of the town of Mashpee, expend a sum not exceeding three hundred dollars in any one year, from the funds of the county, for the construction and repair of roads within said town, and the sum actually expended shall be reimbursed from the treasury of the Commonwealth.

SECTION 6. Any justice of the superior court upon the application of the selectmen of the town of Mashpee, after such notice as the justice may direct to all parties interested and a hearing of the same, if he shall adjudge that it is for the interest of said parties that any or all of the common lands of said town, or of the people heretofore known as the Marshpee tribe of Indians, be divided, shall appoint three discreet, disinterested persons commissioners to make partition of the same, and their award, being approved by the court, shall be confirmed by decree thereof; but if he shall adjudge that it is for the interest of said parties that the same, or a part of the same, be sold, he shall direct the said

commissioners, after they shall have given such bonds as the court may require, to proceed to sell at public auction any or all of said lands, and to pay the proceeds of the same to the treasurer of said town; and the said justice shall direct the said commissioners to examine and define the boundaries of the lands rightfully held by individual owners, and to properly describe and set forth the same in writing, and the title and boundaries so set forth and described being approved by the court, shall be confirmed by decree thereof; and the same, together with all deeds of partition, division or sale made by such commissioners, shall be recorded in the registry of deeds in the county, and the expenses of said commissioners, including the cost of recording said deeds, the same being approved by the court, shall be paid out of the treasury of the Commonwealth; the justice may receive the application aforesaid and order notice thereon in vacation as well as in term time, but such other proceedings before the justice as are herein provided for shall be had at a term of the superior court for the county of Barnstable.

SECTION 7. All sums of money payable to the selectmen Money for supor treasurer of the district of Marshpee under chapter thirty- port of schools. six of the General Statutes, for the support of schools, shall hereafter be paid to the treasurer of the town of Mashpee, to be expended in accordance with section four of said chapter. This section shall continue in force for five years.

Approved May 28, 1870.

AN ACT CONCERNING JUVENILE OFFENDERS IN THE CITY OF

LAWRENCE.

Chap. 294

Be it enacted, &c., as follows:

reformation for

SECTION 1. The city council of the city of Lawrence, is House of hereby authorized to erect a building in said city for the juvenile offendreception, instruction, employment and reformation of such ers. juvenile offenders as are hereinafter named; or to use for these purposes the almshouse in said city, or any other house or building belonging to said city that the city council may appropriate to these uses.

convicted of

offences.

SECTION 2. The overseers of the poor of said city, or such Directors may other persons as said city council shall appoint directors of receive children said house for the employment and reformation of juvenile criminal. offenders, shall have power at their discretion to receive and take into said house all such children resident at or belonging to said city who shall be convicted of any criminal offence; and who may in the judgment of any justice of the supreme judicial court or of the superior court or of the police court of said Lawrence be proper objects therefor;

Idle children and truants residents of

be committed.

and upon such conviction of any child, in the judgment of the justice a proper object for said house of employment and reformation, the justice before declaring the sentence of the law shall cause notice to be given to said overseers or directors, and in case said overseers or directors shall assent thereto, the said justice may sentence the child convicted as aforesaid to be committed to said house of employment and reformation for and during minority or for any less term.

SECTION 3. Any justice of either of said courts respectively, on the application of the mayor or any alderman of Lawrence may the city of Lawrence or of any overseer of the poor of said city, or of any of said directors, shall have power to sentence and commit to said house of employment and reformation all children resident in, or belonging to said city, who live an idle or dissolute life, or are habitual truants.

Children to be instructed in

SECTION 4. Said overseers or said directors may receive branches of use- the persons sentenced and committed as aforesaid into said ful knowledge. institution; and they shall have power to place the persons so committed at such employments and cause them to be instructed in such branches of useful knowledge as shall be suited to their age and capacity.

Court may discharge children from custody

upon recom

SECTION 5. Whenever said overseers or directors shall deem it advisable to discharge any such child committed as mendation of aforesaid, before the expiration of the sentence, and shall so recommend in writing to the court by which said child was committed, said court shall have power to discharge him or her from the imprisonment or custody aforesaid.

overseers, &c.

Children committed to house of correction may be trans

ferred to this institution.

SECTION 6. Either of the said justices shall have power to order the transfer of any child committed to the jail, or house of correction, and inmates thereof, at the time of the passage of this act, and belonging to, or having a residence in, said city, to the institution authorized by this act to be kept, governed and disposed of in conformity with the provisions. herein made, for the rest of the term of their original sentence and commitment.

SECTION 7. This act shall take effect upon its passage.
Approved May 28, 1870.

Chap. 295 AN ACT RELATING TO THE SALE OF REAL ESTATE BY THE TRUSTEES

Trustees may sell real estate.

Proviso.

OF THE GRAMMAR SCHOOL IN THE EASTERLY PART OF ROXBURY. Be it enacted, &c., as follows:

SECTION 1. The trustees of the grammar school in the easterly part of Roxbury are hereby authorized to sell any real estate held by them in trust, and convey the same by deed duly executed: provided, the proceeds of such sales shall be held upon the same trusts as such real estate was