Form of invoice.

SECT. 4. Be it further enacted, That hereafter, the form of an invoice or valuation, with the assessments thereon, to be deposited as aforesaid, in the assessors' office, or with the principal assessor, shall be substantially as follows.

Assessors responsible only for their integrity.

Repeal.

SECT. 5. Be it further enacted, That the assessors of cities, towns, districts, parishes or religious societies shall not hereafter be made responsible for the assessment of any tax upon the inhabitants of any city, town, district, parish or religious society of which they are assessors, when thereto required by the constituted authorities thereof, but the liability, if any, shall rest solely with said city, town, district, parish or religious society, and the assessors shall be responsible only for their own integrity and fidelity.

SECT. 6. Be it further enacted, That all acts heretofore passed, so far as they may be inconsistent with the provisions of this Act, be, and the same are hereby repealed. [Feb. 21, 1824.]

Chap. 139. An ACT to incorporate the Second Congregational Society in Medford. [Feb. 21, 1824.]

Chap. 140. An Act in addition to an act, entitled "An Act for giving further remedies in Equity."

1817 ch. 87.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the auBill of discove- thority of the same, That in all cases, where any goods or ry, &c, where chattels, deed, bond, note, bill, specialty, writing or other property is secreted or with personal property, of any person or persons shall be taken or detained, from him or them, and secreted or withheld, so that the same cannot be found, or come at, to be replevied, the justices of the Supreme Judicial Court, on application by` bill, petition or complaint, may order the same to be deli

held.

vered up, or compel such discoveries and disclosures, and make such orders, injunctions and decrees, and upon such terms and conditions, as equity shall in such cases seem to require.

disputes be

tenauts, &c.

SECT. 2. Be it further enacted, That the said justices of Settlement of the Supreme Judicial Court may hear and determine in equity, tween co-partall disputes between co-partners, joint-tenants and tenants in ners, joincommon, and their legal representatives, in cases where there is no adequate remedy at law; and may thereupon compel such discoveries and disclosures, and make such orders, injunctions and decrees, as equity, in such cases, shall seem to require.

SECT. 3. Be it further enacted, That the said justices of Process. the Supreme Judicial Court shall have authority to issue all such writs and processes, as may be necessary or proper to carry into full effect the powers hereby granted. 1824.]

[Feb. 21,

the different

An ACT establishing Salaries for Judges and Registers of Probate. Chap. 141. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all the fees of the several judges and registers of probate in this Commonwealth, heretofore established by law, shall from and after the last day of May Fees abolishnext, be, and the same are hereby abolished, and instead ed. thereof, the said judges and registers of probate, shall receive for their services a stated annual salary, which salary in the several counties in this commonwealth shall be as follows: For the Judges of Probate in the county of Suf- Salaries for folk, one thousand dollars; Essex, seven hundred dollars; counties. Middlesex, eight hundred dollars; Worcester, six hundred dollars; Plymouth, four hundred dollars; Bristol, four hundred and twenty five dollars; Barnstable, three hundred dollars; Dukes County, sixty dollars; Nantucket, one hundred and twenty dollars; Berkshire, four hundred and fifty dollars; Norfolk, five hundred dollars; Hampden, two hundred and eighty dollars; Hampshire, two hundred and eighty dollars; Franklin, two hundred and eighty dollars. For the registers of probate, in the county of Suffolk, two thousand dollars; Essex, fifteen hundred dollars; Middlesex, fifteen hundred dollars; Worcester, eleven hundred dollars; Plymouth, seven hundred and fifty dollars; Bristol, seven hundred dollars; Barnstable, five hundred dollars; Dukes County, one hundred dollars; Nantucket, one hundred and

Time of payment of salaries.

fifty dollars; Berkshire, six hundred dollars; Norfolk, seven hundred dollars; Hampden, four hundred and sixty dollars; Hampshire, four hundred and sixty dollars; Franklin, four hundred and sixty dollars.

SECT. 2. Be it further enacted, That the said salaries shall be paid quarterly out of the treasury of this Commonwealth, to the judges and registers of probate, on the first day of September, December, March and June, annually; the first quarterly payment of said salaries to be made on the first day of September next.

SECT. 3. Be it further enacted, That no Judge of Probate, shall receive any fee, or compensation, for any business done in his court; or in his capacity of Judge of Probate, on any pretext whatever and no register of Probate shall on any pretext whatever, receive any fee or compensation from any executor, administrator, guardian, trustee, heir, devisee, legatee, or other persons, in any case whatever, for any business done by said register in the court of probate, or for one set of copies of all orders and decrees and reports of committees on petition for partition of real estate, and of returns setting off the dower of widows, of Fees for copy inventories returned, accounts settled, and wills proved; but for any other copies he shall be entitled to receive twelve cents a page and no more, in addition to the salary aforesaid.

ing.

Record books

by counties.

SECT. 4. Be it further enacted, That each county shall to be provided provide all books necessary for the keeping of records, for the gister of probate; but stationary, and all other incidental expenses, shall be considered as provided for by the above salaries.

Subsequent

attaching creditor may

SECT. 5. Be it further enacted, That this act shall take effect, and be in full force from and after the last day of May next. [Feb. 20, 1824.]

Chap. 142. An Act to prevent fraud in the Attachment of real or personal Estate. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in all cases where the same estate, whether real or personal, has been attached on mesne leave to defend process in two or more suits, that the plaintiff, or plaintiffs in any suit, after that in which the first attachment shall have been made, may petition the court whereto the writ shall be returnable, on which such first attachment shall have been made, at the return term of such court, or at the

petition for

against prior

suit.

next term thereof, if such suit shall still be therein pending, and not afterwards, for leave to defend against such first suit, in like manner as the party therein sued could or might have done.

tion to be sworn to.

SECT. 2. Be it further enacted, That the party so petitioning to defend such previous suit, shall set forth in his petition such matter as he may see fit, to entitle himself to Matter of petidefend in such previous suit, and shall make oath that all facts by him stated in his petition are true, or are by him believed to be so, and it shall be in the discretion of the court to grant the prayer of such petition or not, as to the court may seem just and proper.

given, &c.

SECT. 3. Be it further enacted, That if the court shall permit such petitioner to defend as prayed for, the petitioner shall give bond, or enter into recognizance, in such manner as the court shall order, to pay to the plaintiff in such Bond to be previous action, all such costs and damages as the court shall adjudge and decree to have been occasioned to the plaintiff by such defence; and in case a recognizance shall have been entered into, and the petitioner shall fail in the defence of such action, the court shall award execution on such recognizance in favor of the plaintiff therein, and against the petitioner, and shall proceed to render judgment in the original suit between the parties thereto, as though such defence had not been made.

SECT. 4. Be it further enacted, That if the petitioner shall prevail in defending against such previous action, either by verdict of a jury, or by the confession of the plaintiff, or by the plaintiff's neglecting to prosecute his said action, the Judgment, &c. court shall render judgment thereon, and shall award execu

tion to the petitioner for his reasonable costs; and such judgment shall be rendered for costs, if any, to the party sued insuch action, as the court may direct.

Admission to

defend to be

SECT. 5. Be it further enacted, That when any such petitioner shall be admitted to defend as aforesaid, and shall have given bond, or shall have entered into recognizance, as here- entered of in before provided for, it shall be entered on the record of record. the court that such petitioner is so admitted to defend, and in case of appeal or process in error, such admission to defend shall appear of record. [Feb. 21, 1824.]

An Act to repeal an Act, entitled "An Act against self-murder. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same,

Chap. 143.

Col. L. 1660.

That an act entitled "an Act against self-murder," passed in the year of our Lord one thousand six hundred and sixty, and providing that the bodies of persons who shall be guilty of self-murder shall be buried in some public highway, be, and the same is hereby repealed. [Feb. 21, 1824.] See Ancient Charters, &c. p. 187.

Chap. 144. An ACT authorising Executors and Administrators to plead Plene administravit in certain cases, and to settle the estates of their testators, or intestates.

Executors, &c.

may show that

they have dis

posed of all the

deceased's estate, &c.

Exempted from liability, after one year, when

claim is not presented, &c.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any executor or administrator in all actions now pending, or which shall be hereafter pending against him, shall be permitted, after having settled an account of his administration, in the Probate Court, to give in evidence under the plea of plene administravit, that he has disposed of all the deceased's estate, in paying the expenses of administration, and the allowance made to the widow of the deceased by the Judge of Probate, and in discharging debts due the Commonwealth, and all rates or taxes, and for the deceased's last sickness, and for funeral charges, although said estate may have been represented insolvent.

SECT. 2. Be it further enacted, That whenever any executor or administrator, who has given due notice of his administration, shall after one year from the time of his appointment, pay away in the due course of administration, all the effects and estate belonging to the estate of the testator or intestate, which shall have come into the hands and possession of said executor or administrator, then, and in such case, such executor or administrator shall not be held to answer personally, to any creditor of such estate, who shall not, by himself, his agent or attorney, have exhibited his claim against such estate, to the executor or administrator, before such executor or administrator shall have paid away all the effects and estate in his hands and possession, in the manner before mentioned. Nor shall any executor or administrator, by reason of any claim, so exhibited, be obliged to render the estate of the testator or intestate insolvent, or claim a contribution of creditors who have been paid in full.

SECT. 3. Be it further enacted, That when any creditor Estate may be of an estate, who shall not have exhibited his claim against such estate, to the executor or administrator within one year tribution made after his appointment, and before the executor or adminis

declared insol vent, and dis

to creditors