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before and after for every twenty miles they must necessarily travel to, and from home, and in the mean time process in which they are parties shall be suspended, without abatement or discontinuance; if any person taken in execution, be delivered by privilege of either house of general assembly, so soon as such privilege ceaseth, he shall return himself a prisoner in execation or be liable to an escape.

XII. If a sufficient number of the members of geneConsequence if a sufficient ral assembly, or of either house thereof, to adjourn from number of day to day, shall not meet at any time when they ought,

to the governor, by proclamation, with advice of the form a house, fail to meet.' council, may prorogue the general assembly, or ad

journ the deficient house, from day to day, until a sufficient number shall convene, and their acts and pro

ceedings afterwards shall be as valid as if there had where sh. been no such interruption. But a delegate or senator sent, without shall lose all the wages he would otherwise have been leave. entitled to, if he shall depart from the general assembly

before it be adjourned, without licence from the speaker and other members of the house whereof he is a member, first entered on the journal; yet any member of either house taken so sick during his attendance in general assembly, or in his journey thither, as that he shall be unable to come to or sit in the house, shall receive wages for every day of the session he shall be so disabled, in the same manner as if he had sat in the house. If on the day appointed for the meeeting of any general assembly, or at any time during the session, a sufficient number of the members thereof, to proceed to business, do not attend for that purpose, every absent delegate or senator, shall, besides losing his wages during absence, forfeit and pay to the use of this commonwealth ten pounds; such forfeiture to be recovered by prosecution to be instituted in the general court by order of such house, and on the trial of such prosecution, no excuse for non-attendance, other than those before-mentioned, shall be admitted by the jury; and if it be alledged that the defendant did attend such house, on any of the days during which they could not

do business for want of members, the proof of such atAdjournment tendance shall rest on him. The general assembly may

during a session, or at the end thereof adjourn to any other place than that where they shall then be sitting Every act of the general assembly hereafter to be made,

shall commence and be in fomce from the passing there. When acts to of, unless in the act itself another day for the com- commence. mencement tbereof be particularly mentioned, and in the former case the day of passing thereof shall be poted next after the title. XIl. This act shall commence and be in force from

Commence. and after the first day of January, one thousand seven ment of this hundred and eighty seven.

act.

noted never case the be parlianother

CHAP. LVI.

An act empowering one of the privy. From Rev.

council, to officiate in certain cases ch, Ni. as lieutenant-governor.

BE it enacted by the General Assembly, That if the When one of governor and presideny of the privy council shall die, the Parry

, council, may or otherwise become unable to perform bis duty, in the act as lieuten. recess of the general assembly, the privy councillor an governor. whose name stands next in the list of their apointments, shall officiate as lieutenant-governor, until the vacancy be supplied, or the disability cease. And in the absence of the governor, such intended absence having been previously notified to them by him, and entered on their journals, or in the like absence of the president, and upon the like notification, if any business to be transacted at the council board necessarily require dispatch before he can attend it, the council may proceed without him; and in either case the act shall be as valid as if he had been present. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven

VOL XI.

CHAP. LVII. From Rey. An act concerning the public trea

Bills of 1779, ch. XII.

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surer.

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'Treasurer,

BE it enacted by the General Assembly, That the how long to public treasurer may continue in office without re-eleccontinue in tion, until the end of the session of general assembly office.

next after one year from the time of his appointment Bond and se

shall have expired. On his first election, before he curity.

shall have power to act, he shall give bond to the governor, with sureties to be approved by the council of state, in the penalty of four hundred thousand pounds, payable to the commonwealth, with condition that he will faithfully account for all monies and other things, which shall come to his hands in virtue of his office,

and perform all other duties thereof; and shall take an Oatl.

oath to the same purpose, and give assurance of fidelity to the commonwealth, before some court of record, or before a judge or a justice thereof, the administration

of which oaths, or the certificate thereof, shall be re

how corded in such court. When the office shall become supplied.

vacant, during the recess of the general assembly, the governor with advice of the council of state, shall appoint a successor, to act until such time as he or another

shall be legally elected. Upon a motion made to the Remedy a. gainst,

general court, by a succeeding treasurer, on behalf of the commonwealth, whereof more than ten days notice in writing shall have been given to the obligors, judgment may be awarded for the penalty of the said bond, to be discharged by payment of so much as a jury, to be impannelled instantly, for trial of the issue, if an issue be joined, or to enquire of damages, if the defen

dants make default, shall find to be due by breach of Duty of trea. the condition aforesaid, with costs. The treasurer, in surer.

books, provided at public expence, shall state the accounts of money by him received for public taxes and impositions, and paid in pursuance of acts and votes of general assembly, in such a manner as that the nett produce of the whole revenue, as well as of every branch thereof, and the amount of disbursements in discharge of the several demands, may distinctly appear, and lay the said accounts from time to time, and all his other

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transactions, before the general assembly. And if he Penalty for divert or misapply any of the public treasure, being app convicted thereof, upon such prosecution as is before nies. prescribed, he shall not only be adjudged to pay double the money so found to have been diverted or misapplied, to the use of the commonwealth, but shall thereby be rendered incapable of any office of public Comme trust. This act shall commence and be in force from ment of this and after the first day of January, one thousand seven act: bondred and eighty-seven,

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and after the first shall commence any office of youshall

CHAP. LVIII. An act for the appointment of clerks From Rer.

to the governor and council. Ch. xiv. BE it enacted by the General Assembly, That the What clerks governor and council shall have power to appoint, ma

Pporn, pointed by from time to time as they shall be wanting, a drawing guvernor and clerk, a copying clerk, and a clerk of foreign corres- council. pondence, who shall each of them take an oath, to be administered by any member of the board, to keep secret all such matters as they shall direct them to keep secret; which clerks shall be removable at their will. This act shall commence and be in force from and after the first day of January, one thousand seven hun. dred and eighty-seven.

CHAP. LIX.

XVII

An act concerning Seamen. From Rev.

Bills of 1779, 1. BE it enacted by the General Assembly, Tha's

na Seamen to be every seamen, whose habitation is within this common- registered. wealth, not less than eighteen nor more than fifty years

old, capable of sea service, and willing to serve in the ships or vessels of the commonwealth, may give in a ticket, containing his christian-naine, sur-name, and proper addition, with his age, and the place of his babitation, and the time when the ticket shall be delivered to any naval-officer, who shall transmit it to the ex

ecutive, to be by them entered in a register. PromoPromotion in

in tion to commission and warrant officers in the navy

on a commission and the nary.

becoming vacant, shall be made and adjusted according to the order following: Seamen registered and actually serving, shall be preferred to all others, and of the former, those who shall have served a longer to such as shall have served a shorter time; and if the times of service shall have been equal, they whose tickets shal} be of prior to those whose tickets shall be of posterior dates; and if the merits of the competitors shall

be equal, in those respects the preference shall be dePensions. cided by lot. Every registered seaman, actually serv

ing in the navy, disabled by age or wounds, so as that
he can be no longer useful there, and not being in a
condition to maintain himself comfortably, nor having
been promoted to any commission or warrant office, or
to the office of master, mate, boatswain, gunner, car-
penter, purser, or surgeon, obtaining a certificate there-
of from the captain, master, and surgeon of the ship or
vessel, on board of which he had served, under their
hands and seals, shall receive from the treasurer the
sum of fifteen pounds every year during his life; and
the widow of every registered seaman, serving on board :
of a ship or vessel of war, slain or drowned in the ser-
vice, if he was not in such a condition, and had not
been promoted to such office as aforesaid, obtaining
the like certificate thereof, shall receive from the trea-
surer the sum of eight pounds every year during her
life. But a registered seaman, withdrawing himself
from the service of the commonwealth, in the time of
actual war, and not repairing on board one of the ships
or vessels thereof, within thirty days afier he shall have
been required so to do, by any officer of the navy, un-

less detained by sickness, to be proved by the oaths of Fund for pen. two witnesses, shall have no benefit by this act. And sions, raised out of the wages due, or becoming due, to every seaby monthly

, man serving on board a ship or vessel belonging to the contributions of seamen.

commonwealth, or any citizen thereof, and used in sea voyages, six peoce per month shall be paid by the com

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