dollars, or forty days for fine, or fine and cost, not exceeding twenty dol- 1842, 59. any time in the county of Suf folk, when, &c. R. S. 87, § 16. SECT. 8. The justices of the police court of the city of Boston when Poor convicts assembled, may also at any time discharge from prison or the house of discharged at correction in the county of Suffolk, any convict held only for the nonpayment of fine and costs, if it appears that he is poor and unable to pay the same: provided, that when such person is held under the sentence of any other court, the consent of one of the justices thereof shall be first given in writing. SECT. 9. A person under guardianship may have the benefit of the Persons under guardianship, provisions of the three preceding sections, although it appears that he fow dishas property held under guardianship, if it also appears that such prop- charged. erty is beyond his actual control. 1850, 185, § 1. ered of guar SECT. 10. When a person is discharged under the preceding section, Fine and cost the commonwealth may, in an action of tort brought within one year after may be recovthe discharge, recover against his guardian, if he has assets, the amount dian. of fine and costs remaining unpaid. 1850, 185, § 2. charge. SECT. 11. The fees of the justices for discharging a convict under Fees for disthis chapter, shall be one dollar to each justice, and for travel five cents 1.5.145, § 4. for each mile going and returning, which shall be taxed, allowed, and paid, in the same manner as other costs arising before justices of the peace in criminal cases. PART V. OF THE GENERAL STATUTES AND THE General Stat utes, how cited. R. S. 146, § 2. when to take effect. repeal by, not to revive for SECTION 1. This act shall not in any citation or enumeration of the statutes be reckoned as one of the acts of the present year, but may be designated as the General Statutes, adding when necessary the number of the chapter and section. SECT. 2. The General Statutes aforesaid shall take effect and go into operation from and after the thirty-first day of May, in the year eighteen hundred and sixty. SECT. 3. The repeal of the acts and resolves, and parts of acts and resolves, revised and reënacted herein or repugnant to the provisions R. S. 146, §§ 3, 9. hereof, shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished. not to affect acts done, &c. R. S. 146, § 5. 20 Pick. 99. 23 Pick. 280. SECT. 4. It shall not affect any act done, or any right accruing, accrued, or established, or any proceedings, doings, or acts, ratified or 18 Pick. 419, 532. confirmed, or any suit or proceeding had or commenced in a civil case, 21 Pick. 113, 210. before the repeal takes effect, but the proceedings therein shall when necessary conform to the provisions of the General Statutes. SECT. 5. It shall not affect any penalty or forfeiture incurred before or forfeitures, it takes effect, under any of the laws repealed, except that where a pun&c., except, &c. R. S. 146, § 6. ishment, penalty, or forfeiture, is mitigated by the provisions of the General Statutes, such provisions may be extended and applied to any judgment pronounced after said repeal. 4 Gray, 490. nor penalties nor suits commenced, &c. R. S. 146, § 7. SECT. 6. It shall not affect any suit or prosecution pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the acts repealed, except (880) that the proceedings therein shall when necessary conform to the provisions of the General Statutes. tation to con SECT. 7. When a limitation or period of time prescribed in any of Periods of limithe acts repealed, for acquiring a right, or barring a remedy, or any tinue to run. other purpose, has begun to run, and the same or similar limitation is 1836, 7, § 4. prescribed in the General Statutes, the time of limitation shall continue to run, and shall have like effect as if the whole period had begun and ended under the operation of the General Statutes. SECT. 8. All persons who at the time when said repeal takes effect Tenure of offihold any office under any of the acts repealed, shall continue to hold ces preserved. R. S. 146, § 8. the same according to the tenure thereof, except those offices which have been abolished, and those as to which a different provision is made by the General Statutes. strued as con former laws. SECT. 9. The provisions of the General Statutes so far as they are General Statthe same as those of existing laws, shall be construed as a continuation utes to be conof such laws, and not as new enactments, and references in laws not tinuation of repealed, to provisions of laws incorporated into the General Statutes and repealed, shall be construed as applying to the same provisions so incorporated. CHAPTER 182. OF THE EXPRESS REPEAL OF EXISTING LAWS. The following entitled acts and resolves passed in the several years hereinafter enumerated shall be expressly repealed from and after the day specified in section two of chapter one hundred and eighty-one, subject to all provisions contained in said chapter. One Thousand Eight Hundred and Eleven. Chapter 64. Resolve for paying the expense of music when the commander-in-chief shall order out an escort. One Thousand Eight Hundred and Nineteen. Chapter 268. Resolve directing officers of government to render annual accounts. One Thousand Eight Hundred and Twenty-two. Chapter 28. Resolve authorizing the governor to sell or exchange certain military stores. One Thousand Eight Hundred and Thirty-five. Revised Statutes. An act for revising and consolidating the general statutes of the commonwealth. One Thousand Eight Hundred and Thirty-six. Chapter 4. An act to amend the Revised Statutes and to supply certain omissions therein. Chapter 24. An act to provide for the engrossing of resolves. Chapter 41. An act authorizing registers of probate to adjourn courts of probate in certain cases. Chapter 245. An act to provide for the better instruction of youth employed in manufacturing Chapter 247. An act relating to the pay of the watchman of the state house. Chapter 248. An act to establish jail limits in the county of Worcester. Chapter 258. An act in addition to the one hundred and forty-fourth chapter of the Revised Statutes "of the state prison and the government and discipline thereof." Chapter 263. An act relating to the increased capital of banks. Chapter 89. Chapter 97. Chapter 98. Chapter 111. An act in addition to an act relating to certain courts in the county of Middlesex. Chapter 141. Chapter 146. Chapter 151. An act to establish the terms of the court of probate in the county of Worcester. Chapter 180. Chapter 181. An act empowering proprietors of real estate held in common to dispose of the same. Chapter 185. Chapter 186. Chapter 194. An act relating to notices of applications for the appraisal and sale of personal property attached An act to establish a registry of deeds for the southern towns in the county of Bristol. Chapter 224. Chapter 226. An act to restrain banks from issuing their notes otherwise than for immediate circulation. Chapter 227. An act concerning the returns of common schools. Chapter 242. An act concerning licensed houses and the sale of intoxicating liquors. An act concerning the public health. One Thousand Eight Hundred and Thirty-eight. Chapter 2. An act relating to wills of personal estate. Chapter 21. An act concerning juries. Chapter 26. An act relating to the probate court in the county of Nantucket. Chapter 28. An act relating to the partition of real estate. Chapter 30. An act relating to repairs of highways. Chapter 31. An act relating to commitments to the state lunatic hospital. Chapter 42. An act to authorize justices of the peace, and others, to compel the attendance of witnesses. Chapter 54. An act relating to the probate courts in the county of Suffolk. Chapter 55. An act to defray the expenses of the board of education. Chapter 63. An act to increase the salaries of the judge and register of probate for the county of Dukes County. Chapter 71. An act to empower the town of Nantucket to raise money for the payment of county expenses and for other purposes. Chapter 73. An act in addition to an act to provide for the confinement of idiots and insane persons. Chapter 98. An act concerning the ownership of shares in corporations. Chapter 99. An act authorizing railroad corporations to make certain contracts. Chapter 100. An act concerning the reports of the decisions in the supreme judicial court. Chapter 104. An act to exempt towns and other corporations from liability for damages in certain cases. Chapter 107. An act in addition to an act to provide for the better instruction of youth employed in manufacturing establishments. An act authorizing banks to surrender their charters. Chapter 108. Chapter 110. An act to protect the shell fishery in Chelsea. An act concerning police courts and the justices' court in the county of Suffolk. Chapter 145. Chapter 147. Chapter 152. Chapter 154. Chapter 159. An act to aid in support of common schools among certain tribes of Indians in this commonwealth. An act for the relief of insolvent debtors and for the more equal distribution of their effects. Chapter 162. Chapter 163. Chapter 165. Chapter 177. An act concerning manufacturing corporations. One Thousand Eight Hundred and Thirty-nine. Chapter 16. An act concerning the establishment of limits for the jail yard at Lowell in the county of Middlesex. Chapter 30. An act regulating appeals of persons adjudged to be common and notorious thieves. Chapter 42. An act concerning elections. Chapter 53. An act concerning dealers in second-hand articles. Chapter 54. An act concerning riots. Chapter 56. An act concerning schools. Chapter 76. An act relating to proceedings of county commissioners. Chapter 84. An act for the protection of the shell fishery in Brewster. Chapter 85. An act concerning the sea-coast fisheries. Chapter 89. An act concerning the attachment of real estate. Chapter 90. An act relating to the powers of county commissioners. Chapter 93. An act establishing fees of notaries public. Chapter 96. An act in relation to contribution among devisees. Chapter 107. An act concerning testimony in certain cases. Chapter 117. An act establishing additional terms of the court of common pleas in the county of Middlesex. Chapter 121. An act concerning notes payable on demand. Chapter 127. An act for the punishment of highway robbery and burglary. Chapter 132. An act further regulating the inspection of pickled fish. Chapter 135. An act relating to criminal prosecutions. Chapter 136. An act concerning the salary of the attorney of the commonwealth for the county of Suffolk. Chapter 138. An act to regulate fire departments. Chapter 139. An act concerning the assessment of taxes. Chapter 140. An act concerning the taking of depositions to perpetuate testimony. Chapter 142. An act providing for the appointment of public administrators. Chapter 144. An act concerning taxes for the repairs of highways. Chapter 146. An act concerning houses of correction. Chapter 148. An act to prevent the burning of woodlands in certain towns therein named. Chapter 149. An act in addition to an act concerning lunatics. Chapter 150. An act relating to the courts of common pleas in the county of Essex. Chapter 151. An act concerning proceedings at law. Chapter 156. An act concerning the maintaining of prisoners in jails and houses of correction. Chapter 158. An act concerning suits against foreign corporations. |