1852, 196, § 4. 1856, 249; 277. 1859, 216. 32. 6 the middle district, twenty-four hundred dollars; for the western 1849, 142. 7 district, twenty-one hundred dollars; and for the northwestern dis- 1855, 275, 3. 8 trict, thirteen hundred and fifty dollars. The annual salary of the 1857, 226. 9 first and second assistant district attorneys for Suffolk district shall 1858, 111; 118. 10 be thirty-three hundred dollars each; and that of the clerk of the G. S. 14, §§ 29, 11 district attorney for said district, eighteen hundred dollars; of the 1867, 349. 12 assistant district attorney for the northern district, fifteen hundred 1869, 373. 13 dollars; for the eastern, southeastern, southern and middle dis- 1872, 352. Said salaries shall be paid 1874, 164. 14 tricts, twelve hundred dollars each. 15 from the treasury of the commonwealth. P. S. 17, § 15. 1882, 156; 157; 245, §.2. 1881, 286; 157. 1868, 4. 1870, 361, §§ 1, 2. 1873, 89. 1879, 238. 1 1899, 470. ney may have porary assist cases. SECTION 14. If there is no assistant district attorney, the court District attor. 2 may allow a reasonable sum, payable from the county treasury, clerk and tem 3 for the services of a clerk to aid the district attorney; and in the ant in certain 4 northern, eastern, middle, and southeastern districts, the court may 1873, 278. 5 appoint, for the sitting at which the appointment is made, such clerk 1751, § 16. 6 or other competent person to act as an assistant to the district 1888, 267, § 2. 7 attorney. The compensation of such assistant, not exceeding six 8 hundred dollars in one year, shall be paid as above provided. 1 12. of substitute, SECTION 15. The supreme judicial court and the superior court Appointment 2 may at any sitting, in the absence of the attorney general and dis- when. 1832, 130, § 9. 3 trict attorney, appoint some suitable person to perform their duties. R. S. 13, § 40. 1 bond. P. S. 17, § 18. SECTION 16. A district attorney shall, before entering upon the District attor 2 performance of his official duties, give bond to the commonwealth beys to give 3 in the sum of five thousand dollars, with two sufficient sureties 1874, 394, § 1. 4 approved by the superior court, conditioned faithfully to account 5 for and pay over all money received by him in the performance 6 of his official duties. Said court may, if it considers such sureties 7 insufficient, require a new bond. A failure to give bond shall 8 be deemed a declination or resignation of the office. 1 of district 1807, 18, § 1. 39. SECTION 17. The district attorneys within their respective dis- General duties 2 tricts shall appear for the commonwealth in the superior court in all attorneys. 3 cases, criminal or civil, in which the commonwealth is a party or 1832, 130, $9. 4 interested, and in the hearing, in the supreme judicial court, of all R. S. 15, §§ 38, 5 questions of law arising in the cases of which they respectively have G. S. 14, §§ 31, 6 charge, shall aid the attorney general in the duties required of him, P. S. 17, §§ 19, 7 and perform such of his duties as are not required of him person- 1893, 345. 8 ally; but the attorney general, when present, shall have the control & Gray, 499. 9 of such cases. They may interchange official duties. 1 SECTION 18. District attorneys shall commence suits upon re2 cognizances in criminal cases within their respective districts within 3 sixty days after default has been entered of record, or after they 4 have satisfactory evidence of an act which should cause a forfeiture 5 thereof and shall prosecute them without delay. Such suits may 6 be begun after the expiration of said sixty days, and shall not be 7 discontinued without the consent of the court, or upon a certificate, 8 signed by the sheriff or his deputy and filed in court, that the amount of the recognizance and the costs of suit have been paid to 9 him. 10 SECTION 19. The attorney general and district attorneys shall 1 advise and consult with the trustees and treasurers of the several 2 state insane hospitals on questions of law relative to their official 3 business. P. S. 17, § 23. 4 SECTION 20. The attorney general and the district attorneys shall 1 account to the treasurer and receiver general for all fees, bills of 2 cost and money received by them by virtue of their offices. 1832, 130, § 10. R. S. 13, § 45. G. S. 14, § 27. P. S. 17, § 24. 9 Gray, 278. 3 - not to re ceive fees, etc. 1832, 130, § 10. SECTION 21. No prosecuting officer shall receive any fee or re- 1 ward from or in behalf of a prosecutor for services in any prosecu- 2 tion or business to which it is his official duty to attend, nor shall 3 he be concerned as counsel or attorney for either party in a civil 4 action depending upon the same facts involved in such prosecution 5 or business. NOTES. Sect. 8. The dispositions of the reports of trials of capital cases seem more appropriately to belong to the attorney general than to the secretary of the commonwealth. Such change has accordingly been made, and its adoption is recommended. Sect. 10. The phraseology of Pub. Sts. c. 17, § 10, as amended by St. 1890, c. 388, has been changed to conform to modern usage. It followed the language of the original statute enacted before the office of auditor of accounts was established, and therefore prescribed an obsolete method of obtaining money. Since the attorney general, with other officers, accounts to the auditor for all money received or disbursed by him, the requirement of accounting to the governor and council seems superfluous. 6 When statutes R. S. 2, §§ 4, 5. 10 Mass. 290. 3 Gray, 606. 6 Gray, 316. Resolves to take effect CHAPTER 8. OF THE STATUTES. SECTION 1. A statute shall take effect throughout the common- 1 wealth, unless otherwise expressly provided therein, on the thirtieth 2 day next after the day on which it is approved by the governor, or 3 is otherwise passed and approved, or has the force of a law, con- 4 formably to the constitution. 5 SECTION 2. A resolve shall take effect upon its passage unless 1 upon passage. otherwise expressly provided therein. 1864, 287. Return to be made to secre tary of commonwealth of acceptance or rejection, etc., of certain acts and resolves. 1883, 100. SECTION 3. If an act or resolve is to take effect upon its accept- 1 ance by a municipal or other corporation, a return of the action 2 taken by such corporation shall be made by its clerk to the secretary 3 of the commonwealth within thirty days thereafter. If a time is 4 prescribed within which such act or resolve may be accepted and no 5 action is taken thereon, said clerk shall, within thirty days after the 6 expiration of said time, make a like return of the failure to act. 7 1 struing statG. S. 3, § 7. SECTION 4. In construing statutes the following rules shall be Rules for con2 observed, unless their observance would involve a construction in- utes. 3 consistent with the manifest intent of the general court, or repugnant P. S. 3, 3. 4 to the context of the same statute; that is to say: 1869, 410. P.S. 3, § 3, cl. 1. Repeal not to revive any pre vious statute. affect penal 5 First, The repeal of an act or resolve shall not revive any 6 previous act or resolve. 7 Second, The repeal of an act shall not affect any punishment, Repeal not to 8 penalty or forfeiture incurred before the repeal takes effect, or any ties, etc., pre9 suit, prosecution or proceeding pending at the time of the repeal 10 for an offence committed, or for the recovery of a penalty or 11 feiture incurred under the act repealed. 12 viously in curred. for- P. S.3, § 3, cl. 2. the Third, Words and phrases shall be construed according to 13 common and approved usage of the language; but technical words 14 and phrases and such others as may have acquired a peculiar and 15 appropriate meaning in the law shall be construed and understood 16 according to such meaning. 17 8 Allen, 298. 10 Allen, 157. 131 Mass. 376. 1869, 410. 123 Mass. 407. 150 Mass. 315. Fourth, Words importing the singular number may extend and 18 be applied to several persons or things, words importing the plural 19 number may include the singular, and words importing the mascu20 line gender may be applied to females. 21 Fifth, Words purporting to give a joint authority to three or Joint au22 more public officers or other persons shall be construed as giving R.S.26, cl. 3. 23 such authority to a majority of such officers or persons. 1 SECTION 5. In construing statutes the following words shall Meaning of 2 have the meaning herein given, unless a contrary intention clearly in construing 3 appears: First, The words "annual meeting," when applied to towns, shall “Annual meet5 mean the annual meeting required by law to be held in the month RS. 2, § 6, cl. 4. 6 of February, March or April. 4 P. S. 3, § 3, cl. 6. 7 Second, The words "gaming," "illegal gaming" or "unlawful 8 gaming" shall include every act punishable under any law relative 9 to lotteries, policy lotteries or policy, the buying and selling of 10 pools or registering of bets. 11 Third, The word "grantor" may include every person from or by 12 whom a freehold estate or interest passes in or by any deed; and 13 the word "grantee" may include every person to whom such estate 14 or interest so passes. Fourth, The word "highway" may include a county bridge, and 52, 56. cl. 16 shall be equivalent to the words "county way," "county road" 17 and "common road." 15 165 Mass. 362. 18 Fifth, The word "inhabitant" may mean a resident in any city 19 or town. R. S. 2, § 6, cl. 7. G. S. 3, § 7, cl. 7. P. S. 3, § 3, cl. 9. 6 Allen, 425. 122 Mass. 595. 20 Sixth, The words "insane person and lunatic" shall include 21 every idiot, non compos, lunatic and insane and distracted person. "lunatic." R. S. 2, § 6, cl. 8. R. S. 79, § 34. G. S. 3, § 7, cl. 8. P. S. 3, § 3, cl. 10. "Issue." 22 Seventh, The word "issue," as applied to the descent of estates, R. S. 2, § 6, cl. 9. 23 shall include all the lawful lineal descendants of the ancestor. 24 Eighth, The words "land," "lands" and 25 include lands, tenements and hereditaments, and all rights thereto "real estate." 26 and interests therein. 27 "Legal holiday." 1856, 113, § 1. P. S. 2, § 34. 1894, 130, § 4. << Mayor and aldermen." "Month and Ninth, The words "legal holiday" shall include the twenty-28 second day of February, the nineteenth day of April, the thirtieth 29 day of May, the fourth day of July, the first Monday of Septem-30 ber, Thanksgiving day and Christmas day, or the day following 31 when any of the four days first mentioned or Christmas day occurs 32 on Sunday; and the public offices shall be closed on all of said 33 days. 34 Tenth, The words "mayor and aldermen" shall mean board of 35 1854, 448, § 33. aldermen, except as applied to appointments. G. S. 19, § 17. 1882, 164. 36 Eleventh, The word "month" shall mean a calendar month, and 37 the word "year," a calendar year, unless otherwise expressed; and 38 the word "year" alone shall be equivalent to the expression "year 39 of our Lord.” year." G. S. 3, § 7, "Net indebtedness." 1875, 209, §§ 6, 10. 1880, 32. P. S. 29, §§ 2, 3. 1883, 127. 1894, 317, § 21, cl. 2, f. 1894, 522, § 34, cl. 4. Newspaper. 1885, 235. "Oath." R. S. 2, § 6, cl. 12. "Ordinance." "Person." "Place." "Preceding" and "follow ing." R. S. 2, § 6, cl. 14. G. S. 3, § 7, cl. 14. "Seal." R. S. 2, § 6, cl. 15. 1855, 223. G. S. 3, § 7, cl. 15. 40 P. S. 3, § 3, cl. 13. 19 Pick. 532, 535. 14 Gray, 37. Twelfth, The words "net indebtedness" shall mean the indebted-41 ness of a county, city, town or district, omitting debts created for 42 supplying the inhabitants with water and other debts exempted 43 from the operation of the law limiting their indebtedness, and de- 44 ducting the amount of sinking funds available for the payment of 45 the indebtedness included. 46 Thirteenth, Any daily or weekly periodical devoted exclusively 47 to legal news, which has been published in the commonwealth for 48 six consecutive months, shall be deemed a newspaper for the inser-49 tion of legal notices required by law, if the publication of such 50 notice in such periodical is ordered by the court. 51 1895, 164. Op. A. G. Dec. 21, 1899. Fourteenth, The word "oath" shall include "affirmation" in cases 52 where by law an affirmation may be substituted for an oath. G. S. 3, § 7, cl. 12. P. S. 3, § 3, cl. 14. P. S. 3, § 3, cl. 15. 53 55 Fifteenth, The word "ordinance," as applied to cities, shall be 54 synonymous with the word "by-law." Sixteenth, The word "person" may extend and be applied to 56 bodies politic and corporate. Eighteenth, The word "preceding" or "following," used with 59 reference to any section of the statutes, shall mean the section last 60 preceding or next following, unless some other section is expressly 61 designated in such reference. P. S. 3, § 3, cl. 18. 62 Nineteenth, If the seal of a court, public office, public officer or 63 corporation is required by law to be affixed to a paper, the 64 word "seal" shall mean an impression of the official seal upon 65 the paper as well as an impression on a wafer or wax affixed 66 thereto. 67 Twentieth, The word "spendthrift" shall mean a person who is 68 G.S.3,7, ci. 8. liable to be put under guardianship on account of excessive drink-69 ing, gaming, idleness or debauchery. P. S. 3, § 3, cl. 19. "Spendthrift." R. S. 79, § 34. P. S. 3, § 3, cl. 20. "State" and "United States." R. S. 2, § 6, cl. 16. G. S. 3, § 7, cl. 16. "Swear." Const. pt. 2, c. 6, art. 1. Amend. const. art. 6. G. S. 3, § 7, cls. 12, 22. P. S. 3, § 3, cl. 22. 10 Allen, 251. 14 Allen, 387. 70 Twenty-first, The word "state," when applied to the different 71 parts of the United States, shall extend to and include the District 72 of Columbia and the several territories; and the words "United 73 States" shall include said district and territories. P. S. 3, § 3, cl. 21. 74 Twenty-second, The word "swear" shall include affirm" in 75 cases in which by law an affirmation may be substituted for an oath. 76 When applied to public officers who are required by the constitu- 77 tion to take the oaths therein prescribed, it shall refer to those 78 82 83 84 Twenty-fourth, The word "will" shall include codicils. R. S. 2, § 6, cl. 18. G. S. 3, § 7, cl. 19. P. S. 3, § 3, cl. 24. Twenty-fifth, The words "written" and "in writing" may in- "Written" 85 clude printing, engraving, lithographing and any other mode 86 representing words and letters; but if the written signature 87 a person is required by law, it shall always be his own hand88 writing or, if he is unable to write, his mark. 79 oaths; and when applied to any other officer it shall, unless other80 wise expressly provided, mean sworn to the faithful performance 81 of his official duties. Twenty-third, The word "town" may include a city. R. S. 2, § 6, cl. 17. G. S. 3, § 7, cl. 17. P. S. 3, § 3, cl. 23. 148 Mass. 153. 153 Mass. 41. "Town." "Will." 5 Cush. 259. ing". of c. 19. of and " in writ c. 20. P. S. 3, § 3, cl. 25. R. S. 2, § 6, NOTES. Sect. 1. The words "or has the force of a law" have been inserted after the words "passed and approved." They are used in the Constitution, Part 2, Chap. 1, Sect. 1, Article II., as applying to the passage of a bill over the veto of the governor. If he fails to act, the Constitution provides that If any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law." The addition now suggested is intended to cover the latter case. Sect. 5. A definition of the phrase "legal holiday" has been inserted. OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC DOCUMENTS. SECTIONS 1-4. Printing and Distribution of the Laws. SECTIONS 5-15.- Printing and Distribution of Public Documents, etc. Acts and re ing of. c. 6, art. 11. R. S. 2, § 1. SECTION 1. The secretary of the commonwealth shall, at the solves, print2 close of each session of the general court, collate and cause to be const. pt. 2, 3 printed in one volume, in style and arrangement as heretofore, the Res. 1811, 76. 4 constitution of the commonwealth, the acts and resolves passed, Res. 1839, 83. 5 any amendments to the constitution agreed to during such session, 1851, 256, § 4. 6 the governor's address and messages, a list of the changes of names 7 returned during the preceding year by the probate courts, a list of 8 the officers of the civil government of the commonwealth, a table 9 of changes in the general laws, and an index. 1 1881, 293, § 3. 1882, 238. 1885, 369, § 2. 1894, 393, § 1. SECTION 2. Twelve thousand copies of said volume shall be 2 printed, and the secretary shall, immediately after their publica3 tion, deposit one of said copies in his office and distribute others 4 as follows: To the clerk of the senate for the use of the senate, twelve 1878, 264, § 3. 5 1880, 193, § 4. 6 copies; 1881, 293, §§ 3, 4. 7 To the clerk of the house of representatives, for the use of 8 house, twenty-four copies; P. S. 4, § 2. the 1884, 166, § 1. 1885, 369, § 2. 1889, 440, § 2. 9 To each member of the general court, twenty copies and to 10 clerk of each branch thereof, twenty copies; 1895, 238; 250. 1895, 428, § 2. 11 To the librarian of the state library, for the use of the library, 1899, 336. 12 twenty-five copies; |