he claims a lien that he has commenced the work, and that he shall claim the benefit of the lien created by this chapter; and the lien thereby created shall be wholly lost, unless such person having the same, shall, within four months from the time notice shall be given as aforesaid, commence legal process as is hereinafter provided, to enforce said lien.

SEC. 7. The commencement of legal process to enforce the liens hereby created, shall be the lodging the account or demand for which the lien is claimed, in the office of the clerk of the town or towns in which the building, canal, turnpike, railroad or other improvement is situated, with notice to what building, canal, turnpike, railroad, improvement and land, and to what or whose estate in the same the said account or demand refers; and it shall be the duty of the said clerk to record the names of the parties, the amount of the claims, and the notice aforesaid, and the exact time of the filing said account or demand in his office, in a book to be by him kept for that purpose; but the original account need not be recorded, but shall be kept on file.

SEC. 8. When any account or demand is left with any town clerk in pursuance of the next preceding section, the clerk shall note thereon, the exact time, as near as may be, when the same was lodged with him as aforesaid.

SEC. 9. At least twenty days before the term of the supreme court in the same county or in either of the counties in which the said building, canal, turnpike, railroad or other improvement shall lie, which shall be holden not less than twenty days next after commencement of legal process as before provided, the person so commencing the same shall file his petition in equity, in the clerk's office of said court, setting forth the particulars of his account or demand, and particularly describing the building, canal, turnpike, railroad, improvement and land, and the estate and title in the same upon which he claims a lien for said account or demand, and praying that the said lien may be enforced against the same, and that the same may be sold to satisfy the said account or demand, and all other accounts and demands for which the same is pledged and liable by this chapter.

SEC. 10. Upon filing the petition, the clerk shall by advertisement, to be inserted in some public newspaper printed in this state, for at least two weeks, notify all persons having a lien by virtue of this chapter, or a mortgage, or an attachment, or any other claim on all or any part of the same property, to appear before said court at the then next term thereof, and make out their demands against the same, and shall also issue a citation to the owner of said property and to each and every person having a mortgage, attachment, or any other conveyance thereof, or of any part thereof on record; also then and there to appear and show cause, if any they have, why said lien should not be allowed and enforced by said court for the amount claimed.

SEC. 11. Said citation shall contain the substance of said petition, and shall be served on said parties by a sheriff or deputy sheriff at least ten days before the sitting of such court, by leaving

an attested copy at the last and usual place of abode of each of the persons to be cited, or by reading the same in their presence and hearing, if they reside in this state, otherwise by publishing a notice thereof in some newspaper printed in this state for at least three times.

SEC. 12. If more than one such petition be filed against the same, or any part of the same property, like proceedings shall be had on each, and each petitioner shall give or be compelled by the court to give surety for costs, unless he himself be an inhabitant of the state; but all such petitions against the same or any part of the same property, shall be consolidated, after the returns of the citations, and shall proceed as one.

SEC. 13. The costs of the proceedings shall in every instance be within the discretion of the court, both as between petitioners and as between each one of them and the respondent.

SEC. 14. In case a petition shall be filed against any corporation it shall be filed in the county in which an action against such corporation is required to be commenced.

SEC. 15. It shall be the right of a respondent to any such petition, and of every person claiming to have a lien by virtue of this chapter, on the property described therein or on any part thereof, and of every person claiming an interest therein by mortgage, attachment or otherwise, to contest, as well the right of the petitioner, and of all others claiming a lien under this chapter to said property or any part thereof, to any such lien, as the amount of the claim.

SEC. 16. If it shall appear to said court by confession, or on trial, that the petitioner, or any other person, party to the proceedings, claiming to have a lien on said property, or any part thereof, by virtue of this chapter, had any legal claim against the same at the time of filing said petition, or of becoming party to the proceedings, said court shall by themselves or by a master to be by them appointed for that purpose, proceed to ascertain the exact nature and amount of each claim on said property, or any part thereof, made by or belonging to any person party to the said proceedings, and the order in which, according to equity and good conscience, they should be paid out of said property, and how much of said property, and especially how much, if any, and what portions of land under and adjoining the same, subject to sale by the provisions of this chapter, should be sold to satisfy said claims; and thereupon said court shall decree the said property, or some part of it, or the interest of the person respondent in such property, or some part of it, at the time the lien accrued, to be sold by and under the direction of a master to be appointed for that purpose, with such instructions, restrictions and conditions as they shall give in the premises, regarding therein the interest of the owner and his general creditors.

SEC. 17. The proceeds of such sale, after payment of such costs and incidental charges as shall be allowed by the court, shall be applied by said master, according to his instructions, to the payment of the claims as marshalled and ascertained, and the balance,

if any, which shall remain after payment thereof, shall be paid over by the master, to the owner of the property sold.

SEC. 18. The court may, in their discretion, require of such master, bond or bonds, with surety or sureties, in such sum and to such person or persons as they may direct, securing the faithful application of the proceeds of sale, and may from time to time remove any such master on account of any non-compliance with their order or decree, and appoint a new master in his stead.

SEC. 19. All steam-engines in all their parts, and all boilers, kettles or vats made of iron, copper, wood or other materials, whether set in brick or stone, or not so set; and all water-wheels, gearing or shafting, in any mill or building, and there used or intended to be used; and all steam pipes, gas-pipes, and water pipes, cocks and eave troughs made of copper or other metal, attached to any mill or other building, shall, for all the purposes of this chapter, be considered and treated as parts of such mill or other building.

SEC. 20. The word land, as used in the first, second, third, ninth and sixteenth sections of this chapter, shall be construed to include so much of the land and its appurtenances, under and adjoining such building, canal, turnpike, railroad and other improvement belonging to the owner of said building, canal, turnpike, railroad and other improvement, as the person erecting, constructing or repairing the same, and furnishing materials as aforesaid for such erection, construction or reparation, may choose to describe in his commencement of legal process against the same.

SEC. 21. Whenever any such building, canal, turnpike, railroad or other improvement shall be subject to sale under this chapter, and legal process shall be commenced against the same, any contractor who shall not have fully completed his contract in relation to the erection, construction or reparation thereof, shall thereafter be excused from completing the same; and such contractor shall have his lien thereon for the full value of the work done and materials by him furnished.

SEC. 22. In every decree of sale, the court shall prescribe the notice that shall be given of such sale, and shall also give therein, such instructions and particular directions as each case may require; and upon application to said court at any time, further instructions and directions may be given from time to time in relation thereto.

SEC. 23. Any person who shall neglect to present and prove his claim before any master appointed under this chapter, within the time appointed for so doing, shall not be entitled to any distribution or dividend, and shall be debarred of all specific claims against said property, unless the court may direct the same to be sold subject thereto; but his claim on the party with whom the contract was made, or at whose request the work was done or the materials furnished, shall not be thereby impaired.

TITLE XXIII.

Of Courts of Probate.

CHAPTER 151. Of the jurisdiction of courts of probate, and of license to sell real estate.

CHAPTER 152. Of applications to, and of citations and notices by courts of probate.

CHAPTER 153. Of appeals from courts of probate.

CHAPTER 151.

OF THE JURISDICTION OF COURTS OF PROBATE, AND OF LICENSE TO SELL REAL ESTATE.

SECTION 1. The town councils shall be courts of probate within their respective towns; the major part of the members elected to

be a quorum for doing business, and the major part of those pressent at any legal meeting to decide upon any matter before them.

SEC. 2. The municipal court of the city of Providence shall be the court of probate for said city; and any town or city may, at its annual election of town officers, elect a judge of probate for such town or city, who, upon being sworn, shall, instead of the town council, have the powers and be subject to the duties of a court of probate, and be entitled to the fees of such court, and such salary in addition to, or instead of such fees to be received by such town or city, as the town or city may allow.

SEC. 3. The court of probate of any town may and shall take the probate of wills and grant administration on the estates of deceased persons, who at the time of their decease were inhabitants of or residents in the town.

SEC. 4. Any such court may grant administration on the estates of persons who, at the time of their decease, were not inhabitants of or residents within this state, provided any rights, credits or estate of such persons be found within the state.

SEC. 5. The administration first granted, under the next preceding section, shall bar any other grant of administration, although the deceased person may have left rights, credits or estate in other towns of the state.

SEC. 6. Every court of probate may appoint suitable persons to have the charge and care of the personal property of deceased persons who were resident in the town, until letters testamentary or of administration be granted; and may require such persons to give bond to such court, with or without surety, at the discretion of the court.

SEC. 7. Every such court may and shall appoint and approve guardians of the persons and estates, or of the persons only, or of the estates only, of such as are or may be subject to guardianship under such court.

SEC. 8. Such courts may and shall examine, allow and settle the accounts of executors, administrators and guardians by them appointed, make partition of estates, and assign dower to widows.

SEC. 9. Such courts shall have power to examine into and grant the petitions of executors and administrators for authority and license to sell the lands, tenements and hereditaments of deceased persons, or growing wood, or timber, or stone, or peat, or coal thereon, to pay the debts of such deceased, the expense of their funerals, of supporting their families and settling their estates, with incidental charges.

SEC. 10. They shall in like manner have power to examine into like petitions of guardians to sell, at public or private sale, or to mortgage like property, or any mixed estates, and all estates of their wards necessary to be conveyed as real estate, to pay their debts, the expenses of supporting them and their families, or for any other proper purpose whatsoever, including the making of a better and more advantageous investment, and the settlement of their estates, with incidental charges.

SEC. 11. The petitions in the two sections next preceding men