Chap. 0008 an act to enable the board of war, of this state, to sue and be sued.
"Whereas, in the course of business transacted by the Board of Wat for this state, it may be necessary to commence and prosecute lawsuits, -
Be it therefore enacted by the Council and House of Representatives in General Court assembled, and by the authority of the same,
[Sect. 1.] That the said Board of War, by the name of the Board of War of Massachusetts Bay, be, and they hereby are, [i][Empowered, by themselves, their agents or attornies, to sue, commence and prosecute any suits or actions, necessary for the executing the office aforesaid, in any court proper to try the same, to final judgment and execution ; and in like manner to defend all such snits and actions as shall be commenced against them in their said capacity.
And be it farther enacted by the authority aforesaid, [Sect. 2.] That the said Board of War, or the major part of them, be and hereby are [i] [e]mpowered to choose an agent or agents, attorney or attornies, to prosecute or defend any suit or action that shall be brought for or against them: such choice being certified by their secretary shall be deemed valid in law.
And be it further enacted by the authority aforesaid, [Sect. 3.] That when any suit or action shall be brought against the said Board of War, it shall be sufficient notice to oblige them to appear and answer, to leave an attested copy of the writ or summons, in their office, with their secretary, fourteen days at least before the s[e][i']tting of the court where the case is to be heard. [Passed June 24.