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The Perpetual Laws of the Commonwealth of Massachusetts
Massachusetts General Court
May 1789
Location of original: Massachusetts Historical Society, Boston, Massachusetts
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Page 119


  Courts and Forms of Process  

PART III. Choice and Services of Petit Jurors. 117

ceeding the sum of five pounds; and if any person appointed and returned to serve on the Petit Jury, shall unnecessarily fail of attending, he shall, if he is an inhabitant of Boston, Salem, or Newburyport, pay a fine of five pounds, and if an inhabitant of any other town, he shall pay a fine of forty shillings; which fines shall be equally divided amongst the Jurors who attend their duty.  

And it is further enacted by the authority aforesaid, That the Justices of the respective Courts aforesaid, shall upon motion from either party in suit, put any Juror upon oath, whether he is in any way related to either party or hath directly or indirectly formed or given any opinion, or is sensible of any prejudice in the cause; and if it shall then appear to the Court that any Juror does not stand indifferent in the cause, he shall be set aside from the trial of that cause and another called in his stead. And the Sheriff of each county, as soon as he shall receive the venire for Jurors from the Clerk of either Court, shall forward them without any delay, to the constables of the serveral towns whereunto they are directed.

Justices of the respective Courts, upon motion of either party, shall put any Juror upon oath.

And it is further enacted That in all causes relating to the reality, either party may have a Jury to view the place in question, if the Court shall be of opinion that such view is necessary to the justice of the trial. Provided, The party moving therefor shall advance such reasonable sum to the Jury as the Court shall order to be taxed against the adverse party, if he who advances the same shall prevail in the suit. Provided, That no settled Minister, Justice of the Peace qualified to act in his office, practicing Attorney, Sheriff, Deputy Sheriff, Coroner, Constable, Warden, Register of a Court of Probate, Register of Deeds, Clerk of a common law Court, Physician, constant Ferryman or Miller, shall be liable to be put into the box.

In causes relating to the reality, either party may have a Jury, &c.



[This act passed June 26, 1784.]


An Act directing the Time and Manner of appointing County Treasurers.
BE it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of hte same, That there shall be annually chosen in each county within this Commonwealth, in the month of March or April, by the written votes of such persons as are by the constitution qualified to vote for Representatives in the several towns or districts, a discreet suitable person, being a freeholder, and resident in the same county, for a county Treasurer; the votes to be counted and sorted in the town or district meeting by the moderator thereof and town-clerk; the names of the persons voted for, and the number each person had, shall be recorded by the clerk in the town or district book, and an attested copy of such record shall be transmitted under seal to the next Court of General Sessions of the Peace, to be held within and for the same county, on the first day of the Court's sitting; there to be opened and compared with the like returns from the several towns and districts in such count: And the person having the County-Treasurer to be annually chosen
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