shall sentence and order, according to the nature and aggravation of the offence. XI. Of felonious assaults; and how punished. Besides simple assaults, there are what the law denominates felonious assaults; and these derive the epithet annexed to them, from that atrocity of intention, with which they are committed. Mass. Stat. Mar. 16, 1. Such an assault with a dangerous weapon, or other actual violence, and with an intent to rob or steal, subjects 1805, act 19, sect.9. the offender, and any person present, aiding and assisting With intent to rob or therein, or who shall have counselled or procured the same steal. to be done, to solitary imprisonment for a term not exceeding one year; and afterwards to confinement to hard labour for a term, not exceeding ten years. Mass, Stat. March 15, dis 2. If committed with a dangerous weapon, and with an intention to murder or to maim or disfigure; in such case, 1805, act 21, sect. 5. the offender, and any person present, aiding or abetting with intent to murtherein, and any one who, not being present, shall have der, maim, or figure. counselled, hired, or procured the same to be done; all these are punished by solitary imprisonment for a term not exceeding six months, and by confinement afterwards to hard labour, or by imprisonment in the common gaol, for a term not exceeding four years. Mass. Stat. Mar. 13, 3. If committed with an intention to commit a rape ; in such case, it is provided, by statute, that if any man with 1806, act 2, sect. 3. such intention, shall make an assault upon a woman, or With intent to comfemale child, every such offender, and any person who mit a rape. shall consent, aid, or assist therein, shall be punished by solitary imprisonment for a term, not exceeding three months, and by confinement afterwards to hard labour, for a term, not exceeding ten years ;-or by a fine, not exceeding five hundred dollars, and by imprisonment in the common gaol, for a term, not exceeding one year, according to the aggravation of the offence. It is somewhat remarkable, that our legislature have made an assault, with an intent to murder, less penal than an assault, with an intent to steal. The offence of a felonious assault is exclusively withir the jurisdiction of the supreme judicial court. What court has cognizance of felonious assaults. TITLE XV. ASSESSORS. 1st. Of the choice of assessors; and how they are sworn. 2d. Proceedings in case of an assessor's refusal to serve in such office; and the penalty he thereby incurs. Sd. In what cases selectmen are assessors, ex officio. 4th. Proceedings in case any town or district neglect to choose either selectmen or assessors; and the penalty which the town or district thereby incurs. 5th. Liability of plantations, in case of neglect to choose assessors; and the proceedings in such case. 6th. Of the power and duty of assessors of parishes and precincts, relative to calling parish and precinct meetings. 7th. Proceedings in case neither the selectmen nor assessors, chosen by any town or district, will accept the trust; or where, having accepted the trust, they will not perform their official duty. 8th. Of the power and duty of assessors, previous to their making assessments. 9th. Of their general power and duty, in the act of assessment. 10th. Of their power and duty relative to taxes, assess ed for the erecting or repairing of school-houses. 11th. Of their power and duty relative to taxes, assessed for the support of public worship. 12th. Of their power and duty relative to taxes assessed for the support of highways. 13th. Of their power and duty relative to the abatement of taxes; and herein of the remedy for the aggrieved party, in case of refusal on the part of the assessors. 14th. Of their power and duty in relation to collectors of taxes, when such collectors are taken on a treasurer's execution. 15th. Of their power and duty in relation to such collectors, as, from insanity or infirmity, are unable to discharge their duty: Also, their power and duty, in case of the decease of a collector. 16th. Of their power and duty, on failure of a deficient collector to satisfy a warrant of distress, issued against him by the treasurer and receiver-general; and herein, of their liability for the neglect of such duty. 17th. Of their power to issue a new warrant for the collection of taxes, in case a former one be lost; or when a new collector is chosen. 18th. Of their compensation. 19th. Proceedings in case assessors neglect to obey the warrants of the treasurer and receiver-general; and their liability in such cases. 20th. Proceedings in case the estates of assessors shall be insufficient to satisfy a tax, to the payment of which, by official delinquency, they have rendered themselves liable. I. Of the choice of assessors; and how they are sworn. to be chosen. 1. BY TOWNS AND DISTRICTS. In the month of Mass. Stat. Feb. 20, 1786, act 1, sect. 1. March, annually, at the same meeting, when other town and district officers are chosen by the respective towns and Number of assessors districts in this commonwealth, there shall be chosen, by the qualified voters then present and voting, or the major part of them, three, five, seven, or nine meet persons, to be assessors of all such rates and taxes as the general court shall order and appoint such town or district to pay, towards the charges of the government, within the space of one year from the choice of such assessors, unless the warrant for the assessment shall not be by them received before the first day of March succeeding; and in case of its being received afterwards, it shall be delivered to their successors in office, who shall be under the same obligations to make the assessment as their predecessors would have been under, if they had seasonably received the same; who shall also be the assessors of county, town, and district taxes. make assessments acTheir obligations to cording to law, 1786, act 1, sect. 1. And each assessor, so chosen, shall, within the space of Mass. Stat. Feb. 20, seven days next after being notified thereof, be sworn before a justice of the peace, or before the town or district clerk, to the faithful discharge of his duty, in the form prescribed by the statute. Vid. form of oath, Mass. Stat. Feb. 20, Number of assessors to be chosen. 2. BY PARISHES. In the month of March, annually, 1786, act 1, sect. 15. ̊ at the time other precinct and parish officers are chosen by the respective precincts and parishes in this commonwealth, there shall be chosen, by the qualified voters then present and voting, or the major part of them, three or five meet persons, to be assessors of all such rates and taxes, as shall be agreed upon and granted by their respective precincts and parishes, at their meeting, regularly warned for that purpose; who shall be sworn to the faithful discharge of their trust, in the form prescribed by the statute. For form of oath see 1786, sect. 10. Treasurer to issue his precept to some jus tice of the peace, &c. inhabitants, &c. Obedience to the warrant required. 3. BY PLANTATIONS. By statute it is provided, that Mass, Stat. Feb. 16, when any part or proportion of any state or county tax shall be laid on any plantation, not incorporated; the treasurer of the state, or of such county respectively, shall issue his precept to some justice of the peace, dwelling near to such plantation, requiring him forthwith to grant his warWarrant of the jus. rant, directed to some principal inhabitant of such plantatice for warning the tion, requiring him to notify and warn the inhabitants of such plantation, being freeholders, to meet at such time and place within the same, as in such warrant shall be specified, in order to choose needful officers for the purposes hereafter mentioned; and such principal inhabitant is obliged to observe and obey the warrant that he shall receive from such justice, on the penalty of forfeiting and Penalty for refusing obedience to such paying the whole sum that shall be ordered to be levied on the same is recov- such plantation; to be recovered by action of debt by said respective treasurers, in any court of record within the commonwealth, proper to try the same. And such princiReturn of the war- pal inhabitant shall make return of the justice's warrant to the justice who issued it, with his doings therein, and the doings of the plantation in consequence of it, within the time limited in such warrant ; and the justice shall thereCertificate of the jus- upon certify such doings to the state or county treasurer respectively. And such of said inhabitants as shall then assemble, shall have power, and they are required, to warrant; and how erable. rant. tice. to choose assessors, &c. choose a moderator and clerk, as also ASSESSORS and col- Power of inhabitants lectors, for assessing and collecting such plantation's proportion of such state and county tax, as shall be ordered to be assessed, to be duly paid, when collected by such collectors, to the state or county treasurers respectively; and such Assessors, &c. to be clerk, ASSESSORS, and collectors, shall be under oath, to be administered by the moderator of such meeting, for the under oath. faithful discharge of their respective trusts, and shall have Their compensation. the same allowance from such plantations, as such officers are entitled to by law in towns corporate. The same statute provides, that the assessors, who shall, Mass. Stat. Feb. 16, from time to time, be chosen or appointed for such planta- 1786, sect. 12. tion, shall have power, and they are required to issue their Powers of assessors, warrants for calling meetings of the inhabitants there, in future meetings. the month of March, annually, for choosing such officers as aforesaid, who shall be sworn by the moderator, or some justice of the peace, as aforesaid. 4 thus chosen, to call Sect. 13. sum mon assessors to ap necessary oaths. The same statute further provides, that every moderator of a plantation meeting shall be held and obliged to notify the plantation officers to appear either before himself, or Moderator to some justice of the peace, within seven days from the time pear, and take the of their being chosen, and take the necessary oaths; and, in case of neglect, shall forfeit and pay the sum of three Forfeiture for ne pounds, for the use of the plantation, to be recovered by any inhabitant thereof, before any justice of the peace within the same county. glect. Mass. Stat. Feb. 20, By a subsequent statute, it is enacted, that all plantations which shall, from time to time, be ordered by the general 1786, at 1, sect. 12. court to pay any part or proportion of the public taxes, are fully vested with all the powers that towns in this com- plantations to choose monwealth by law are; so far as relates to the choice of assessors of taxes. II. Proceedings in case of an assessor's refusal to serve in such office; and the penalty he thereby incurs. Further power assessors. of 1786, act 1, sect. 1. Forfeiture in case an In regard to assessors, chosen by a town or district, it is provided, that if any assessor, after being chosen and noti- Mass. Stat. Feb. 20, fied to take the oath of assessor, in the way and manner other town officers are notified and summoned, shall neglect assessor of any town to appear, or, appearing, shall refuse to be sworn; he shall be sworn. or district refuse to |