Four towns con stituted a registry district. Provisions for ter. in the action is not within the Commonwealth, and has no attorney therein, notice thereof in writing shall be left at his last and usual place of abode within the Commonwealth, if he has any, otherwise it shall be delivered to or left at the dwelling house or place of business of the person who had possession of said property at the time of the attachment; and such notice shall be a sufficient notice to the defendant, to authorize the appraisal and sale of said property, according to the provisions of said chapter. [April 18, 1837.] CHAPTER 186. AN ACT TO ESTABLISH A REGISTRY OF DEEDS FOR THE SOUTHERN 4. Remaining towns constituted a registry district present register to continue in office. 5. When this act shall take effect. 3. Register to hold office for five years. SECT. 1. The towns of Westport, Dartmouth, New Bedford, and Fairhaven, in the county of Bristol, are hereby constituted a district for the registry of deeds, and for all things relating to a register and registry of deeds shall be deemed to be a county; and all provisions of law now existing concerning that subject shall apply to that office and officer in said district, (excepting as is hereinafter provided for the first election of register and for the term of his office,) and the office of the said register shall be kept in the town of New Bedford. SECT. 2. For the purpose of choosing the first register, the choice of regis- selectmen of each of said towns are hereby directed to call meetings of the inhabitants of their respective towns, qualified to vote for representatives to the general court, for the first Monday of June next, to elect some person duly qualified by law for register of deeds of said district, and the result of said election shall forthwith be transmitted to the county commissioners of said county of Bristol, in the same manner as is now provided concerning the stated elections of registers for the several counties; and said county commissioners shall meet at the court house in New Bedford, on the third Monday of June next, and there proceed to count the votes, and in all respects to act as they are by law required to do concerning the elections of registers for the several counties; and if no person shall be elected, said commissioners shall appoint some person to be register, until an election shall be made, and shall issue their notices for a new election, and further proceed as is provided by law. Register to hold office 5 years. Remaining towns constituted a registry district. SECT. 3. Said register shall hold his office for the term of five years from the annual meeting of said towns, in the year eighteen hundred and thirty six, and until some other person is chosen and qualified in his stead, subject however to all the provisions now existing relating to the office of register. SECT. 4. All the towns in said county of Bristol, not above named, are hereby also constituted a district for the registry of to continue in deeds, and in all things relating to the registry and register of deeds, shall be deemed a county; and the present register of presenti egister deeds for the said county of Bristol shall be the register of the office. said last mentioned district, for the term for which he was elected, and until some other person is chosen and qualified in his stead, under the general provisions of law. SECT. 5. This act shall take effect from and after the first When this act day of July next, excepting as to the election of the register shall take effect. provided for in the second section hereof. [April 18, 1837.] CHAPTER 192. AN ACT TO CAUSE THE SEVERAL INSURANCE COMPANIES TO MAKE SECT. 1. From and after the first day of March, in the year Secretary of eighteen hundred and thirty seven, the secretary of each insur- company to make yearly reance company with specific capital in the Commonwealth shall turn. make annual returns, which he shall transmit as soon as may be, not exceeding fifteen days from the first day of December, to the secretary of this Commonwealth. SECT. 2. Each return shall designate, in distinct columns, What the return the several particulars hereinafter named, as they existed on shall designate; the above named first day in each December, in substance as form, &c. follows, to wit: Forfeiture for Which return shall be signed by the president and secretary of such insurance company, who shall make oath, before some justice of the peace, to the truth of said return, according to their best knowledge and belief. SECT. 3. Every insurance company, neglecting to comply neglect to make with the provisions of the preceding sections, shall forfeit to the use of the Commonwealth, to be recovered by the treasurer thereof, one hundred dollars for each and every neglect. return. Secretary of SECT. 4. The secretary of the Commonwealth shall furnish Commonwealth two printed copies of the form of the return required by this chapter, to the secretary of every insurance company, in the month of October or November, annually. to furnish forms of return. And also to prepare abstracts for legislature, and for president of each in surance company. Overseers, &c. retary of Com monwealth a statement re specting paupers. are to be answered in the return. SECT. 5. The secretary of the Commonwealth, after he shall have received the returns from the several insurance companies aforesaid, shall, as soon as may be, cause to be prepared and printed a true abstract from those returns, with each column of such abstract added up, and he shall transmit by mail one copy thereof to the president of each insurance company in the Commonwealth, and shall submit the same to the legislature, at the next session thereof. [April 18, 1837.] CHAPTER 194. AN ACT PROVIDING FOR A RETURN BY OVERSEERS OF THE POOR. SECTION 1. Overseers, &c. to return to secretary of SECT. 1. SECTION 2. Secretary to prepare abstract of returns, yearly, for the legislature. 3. Penalty on overseers, &c. for not making return. The overseers of the poor of the several towns in to return to sec- this Commonwealth, and the directors of the house of industry in the city of Boston, shall, on or before the second Wednesday of January of each year, make out and return to the secretary of this Commonwealth a statement of the paupers in said town, as they are on the last Monday of December preceding; which return shall contain true and correct answers to the following Questions that inquiries, viz.: What number of persons have been relieved or supported as paupers during the year in your town? Of these, how many have a legal settlement in your town, or elsewhere in this Commonwealth? How many state paupers does your town support? How many of those are foreigners? How many of the foreigners are from England and Ireland? Have you an alms house? What number of acres of land is attached to your alms house? What is the estimated value of your alms house establishment? What number of persons have been relieved in your alms house during the year? What is the average number supported in alms house? What is the average weekly cost of supporting each pauper in alms house? What number of persons in your alms house who are unable to perform any kind or amount of labor? What is the estima ted value of all the labor performed by paupers in your alms house? How many persons do you aid and support out of alms house? What is the average weekly cost of supporting paupers out of alms house? How many does your town support or relieve who are insane? How many do you relieve or support who are idiots? What proportion of your paupers, in your opinion, have been made dependent by intemperance in themselves, or those who ought to have been their supporters? What number of your foreign paupers have come into this Commonwealth within one year? What is the total net amount of expense of supporting or relieving paupers in your town for one year, including interest on your alms house establishment? What amount does your town receive from the treasury of this Commonwealth towards the support of state paupers? And the secretary of this Commonwealth shall, in the month of November, annually, furnish the overseers of the poor of each town with a blank form of return, which shall contain in substance the foregoing interrogatories. prepare ab SECT. 2. The secretary of this Commonwealth shall, as soon Secretary to after the second Wednesday of January of each year as prac-stract of reticable, make out an abstract of the returns of the overseers of turns, yearly, the poor, together with such explanatory remarks as he shall for the legisla deem proper, and cause the usual number to be printed for the use of the legislature. ture. SECT. 3. If the overseers of the poor of any town in this Penalty on Commonwealth, or the directors of the house of industry in the overseers, &c. for not making city of Boston, shall refuse or neglect to make the return as return. aforesaid, they shall forfeit a sum not exceeding one hundred dollars, to be recovered by indictment in any court of competent jurisdiction. [April 18, 1837.] CHAPTER 198. AN ACT CONCERNING PERSONS IMPRISONED FOR DEBT, AND RELATING SECTION TO BAIL. 1. Persons in jail when final judgment is rendered against them, may be discharged on giving bond to surrender themselves in 30 days. 2. Laws as to bonds for prison limits shall apply as to this bond. 3. How execution may be served ; jailer's duty as to certifying concerning debtor's surrender. SECTION 4 Jailer liable for false certificate: Jailer's 5. Persons surrendered by their bail, after 6 This act not to prevent commitment of ment is render SECT. 1. Every person who is held in prison in any civil Persons in jail, action, at the time when final judgment in such action is ren- when final judg dered against him, shall be discharged upon giving to the cred- ed against them itor a bond, with sufficient surety or sureties, to be approved may be discharged on givby two justices of the quorum, in a penalty not less than ing bond to surdouble the amount of the judgment, conditioned that he shall render themsurrender himself at the same prison, to the keeper thereof, days. selves in 30 Laws as to on limits shall apply to this bond. between the hours of eight and ten of the clock of the forenoon of the thirtieth day next after the rendition of said judgment, or, if said thirtieth day shall fall on Sunday, on the next following day, which day shall be specified in the said bond, and there remain until five o'clock of the afternoon of the said day in said bond mentioned, so that he may be taken on the execution, if any, issuing on said judgment. SECT. 2. All the provisions of the laws relating to bonds bonds for pris- given for the liberty of the prison limits, by a debtor committed on execution, shall apply to the bond mentioned in the preceding section, as to the duty of the jailer, and the rights and liabilities of all the parties concerned, and also as to any suit and judgment on the bond, and all other things relating thereto, excepting as is otherwise provided in this act. How execution concerning debtor's surrender. SECT. 3. If an execution issuing on such judgment shall be may be served; delivered to any officer qualified to serve the same, he may, at jailer's duty as to certifying any time within thirty days after the rendition of judgment on which the same is issued, leave said execution, or a copy thereof, with the jailer; and in such case the debtor shall, upon the surrender of himself as provided in said bond, be committed and held by the jailer upon the execution, in like manner as if he had been taken and committed thereon by the officer to whom the execution was delivered; and the said officer shall return the taking and commitment in like manner, and shall be entitled to the same fees, as if the execution had been served in the common form; and the jailer shall, immediately after the expiration of said term of thirty days, certify under his hand, upon the execution or copy so left with him, the fact that such debtor has or has not surrendered himself, according to the truth of the case, and give a similar certificate to the officer, on request, to be annexed to his return on the execution, and such certificate shall be deemed sufficient authority to the officer to make his return accordingly; and such return, with the certificate annexed, shall be deemed prima facie evidence of the fact, as well on the question of breach of condition of the bond as in other cases. Jailer liable for false certificate. Jailer's fees. SECT. 4. If the jailer shall give any false certificate in the premises, it shall be deemed misconduct in office, for which any party injured shall have a remedy in damages. On any surrender of a debtor to the jailer, on which he is taken in execution, the jailer shall be entitled to a fee of fifty cents; and for a certificate thereof, or of the non-surrender of the debtor, a fee of twenty five cents, to be paid by the officer, and charged among the expenses of serving the execution. In all other cases where a certificate is required, the jailer shall be entitled to a fee of twenty five cents, to be paid by the party requiring the same. SECT. 5. If any person who has been bailed on mesne prodered by their cess, in any civil action, shall be surrendered by his bail, at judgment, may any time after final judgment in such action, shall be enlarged be enlarged on upon giving to the creditor a bond like that before prescribed in giving bond to surrender, &c. this act, excepting that the condition thereof shall be for his surrender at the same prison on the thirtieth day next after the Persons surren bail, after final |