which they and each of them have in the estate for the partition of which the action is commenced.

SEC. 15. In suits for partition, at law or in equity, the court may order the share of any plaintiff, or of any defendant, or of any two or more of the parties plaintiff and defendant, to be set off to him or them, dividing the remainder, or leaving it undivided, in their discretion.

SEC. 16. In suits in equity for partition, the supreme court may, in their discretion, upon motion of any party to such suits, whether such suit be now pending, or be hereafter commenced, order the whole premises sought to be divided, or any particular lot, portion or tract thereof, or the interest of the plaintiff or plaintiffs or of the defendant or defendants in the whole premises, or in any particular lot, portion or tract thereof, to be sold at public auction, under the direction of the court, by the commissioners appointed to divide the

same.

SEC. 17. No person interested in the estate and not a party to the suit, shall be bound by such sale; but the court may, upon motion proceed to make all persons interested in said estate, parties thereto, though non-residents, absent or unknown, in the manner hereinbefore provided; in which case, if the whole or their shares of the estate be ordered to be sold, said decree shall forever thereafter, in favor of the purchaser of said estate or shares, and of those claiming under or by virtue of him, be binding upon such non-resident, absent, or unknown persons, though not appearing to said suit.

SEC. 18. In case of such sale, the proceeds of sale shall be divided, under the direction of the court, between the parties entitled thereto, in lieu of their interest in the land, or interest in the land ordered or decreed to be sold; and the portion of the proceeds of sale to which any party or person unknown, or absent from this state, and not appearing to claim the same, may be entitled, may be invested for such person by the commissioners, under the direc tion of the court, and in such name as the court may direct, after deducting from such portion, such party or person's reasonable share of the costs and expenses of partition, to be allowed by the court to those entitled thereto. In all cases, such investment and the further disposition of the same, and the deposit and disposition to be made of the evidence thereof, shall be subject only to the order and control of the court.

SEC. 19. In actions of partition, as well as in suits in equity for the same, the court before which the same may be pending may adjudge and determine, as to them shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the same equally, or subjecting either party to the payment of the whole or any part thereof.

SEC. 20. In suits for partition, either at law or equity, the costs of partition, in such proportion as the court trying the same shall adjudge to be paid by any party or parties to said suit, shall be a lien upon the interest of any party or parties in the several shares to him or them assigned; and, in addition to the mode of recovery

now used, may be recovered by sale of said several shares upon execution to be issued in due form therefor, in favor of the party or parties who may, by payment of said costs, be entitled to recover

the same.

SEC. 21. In actions at law for partition, either party may appeal from the judgment of the court of common pleas that partition shall be made; but if no such appeal shall be prayed in open court within two days next after such judgment, the same shall be final; and it shall be the duty of such court thereupon, on the motion of the plaintiff in such writ of partition, to appoint and commission, at their discretion, one or more discreet, impartial and disinterested persons, to make partition pursuant to such judgment, who shall be sworn to the faithful discharge of their trust.

SEC. 22. It shall be the duty of the persons so appointed, first giving reasonable notice to the respective parties, to make partition between them, according to their several rights, as ascertained by the judgment of the court ordering such partition.

SEC. 23. In case non-resident, absent or unknown parties or persons be interested in such partition, and whether the commission to make partition issue at law or in equity, the court issuing the same may order such notice to be given to such parties or persons interested, by the commissioners appointed to make partition, as said court may judge proper; and the same, when given, shall, for all purposes, be as effectual as personal notice.

SEC. 24. In actions at law for partition, the commissioners appointed to make the same shall report their proceedings, with a plat of the division by them made, to the court by whom they shall have been appointed; and if no sufficient cause shall be shown for rejecting the said report, judgment shall be rendered thereon in conformity thereto; and said report, plat and judgment shall be recorded in the office of the town clerk of the town or towns in which said estate may be; the expense of which record shall be made a part of the costs in said action.

SEC. 25. If an appeal from any judgment of the court of common pleas for making partition shall be prayed as aforesaid, and on hearing of the case before the supreme court, judgment shall therein be rendered for partition, it shall be the duty of said supreme court, in like manner, to appoint and commission, at their discretion, one or more discreet, impartial and disinterested persons, to make partition pursuant to the judgment of said court, who shall cause partition to be made in like manner, and under the same regulations as are above prescribed in case the said judgment for partition had been rendered in the court of common pleas; and whenever any judgment of any court of common pleas for partition shall be confirmed by the supreme court, on the complaint of any party not appealing therefrom, similar proceedings shall be had in said supreme court.

CHAPTER 204.

OF WASTE, ACTION OF WASTE AND WRITS OF ESTREPEMENT.

SECTION 1. If any person who shall be seized of any real estate for the term of his own life, or for the life or lives of any other person or persons, or as a tenant for years, shall commit or suffer any waste on such estate, he shall forfeit his estate in the place so wasted, and double the amount of the waste so done or suffered to be recovered in an action of waste by the person entitled to the next estate in remainder or reversion, in the place so wasted.

SEC. 2. If any joint-tenant, tenant in common or coparcener, shall commit any waste on any estate by him holden in joint-tenancy, tenancy in common or coparcenary, without the consent of the other joint-tenants, tenants in common or coparceners, he shall forfeit double the amount of the waste so done, to be recovered by the other joint-tenants, tenants in common or coparceners, to their

own use.

SEC. 3. In such case it shall be lawful for any one or more of the other joint-tenants, tenants in common or coparceners, to commence an action for the same in the name of all the joint-tenants, tenants in common or coparceners.

SEC. 4. If any person named as plaintiff without his consent shall neglect to appear after being duly notified, in such manner as the court shall direct, his name shall be stricken from the writ and pleadings, and the others shall have a right to prosecute the same to final judgment and execution, in their own names and for their

own use.

SEC. 5. The supreme court in any county, and each of the jus tices thereof in vacation, on the application of the plaintiff, in an action of ejectment, trespass and ejectment, partition or waste, are hereby empowered, under the provisions following, to issue a writ of estrepement, directed to the sheriff, or to his deputies in the county in which the estate in question may be, requiring him to stay all the waste on the estate that shall be described in such writ of estrepement.

SEC. 6. The sheriff or his deputy, charged with the service of such writ, shall have power to stay all waste, as shall be directed

in such writ, and to take such aid as shall be necessary for that purpose.

SEC. 7. Upon the application of any party for a writ of estrepement, said court or justice, before issuing the same, shall cause the party whose interests may be affected thereby, to be notified of the pendency of such application in such manner and mode as said court or justice may deem proper, to the end that the party so to be affected by, as well as the party applying for, said writ, may be heard in the premises.. Upon such hearing, the said court or justice may, in their discretion, issue or refuse to issue said writ, in the same manner as courts of equity grant or refuse to grant injunctions in like cases.

SEC. 8. The said court or justice may, on said hearing, and before the issuing of said writ, require of the party applying for the same, bond with sufficient surety, and in such sum as said court or justice may prescribe, to make good to the party whose interests may be affected by said writ, all loss and damage which he may suffer by reason of the issuing of said writ; if said court or justice, in their discretion, judge that the circumstances of the case or the rights of the parties require such bond to be given.

SEC. 9. If such writ of estrepement shall be issued by the court, it shall be returnable at such time as the court shall direct; and if such writ shall be issued by a justice of said court, it shall be returnable to the next term of said court within and for the county in which the estate lies, which is described therein.

CHAPTER 205.

OF THE ACTION AGAINST TENANTS AND OF NOTICES TO QUIT.

SECTION

1. Notice to quit to tenants at will, &c. what.

2. To tenants by parol from year to year, what.

3. To tenants by parol for terms less than a year, what.

SECTION

4. Notice by such tenants to landlord, what.

5. Notice to quit to and by tenants by written lease.

6. Of landlord, right to possession in case of non-payment of rent.

7. Of remedy to recover possession.

SECTION 1. Tenants of lands or tenements at will or by sufferance, shall quit upon notice in writing from the lessor or owner, at the day named therein.

SEC. 2. Tenants by parol, of house, tenement or messuage, or of farm and farming lands from year to year, shall quit upon notice in writing from the lessor or owner, given at least three months prior to the expiring of the occupation year.

SEC. 3. Tenants by parol of houses, tenements, messuages, farms or farming lands, for any term less than a year, shall quit

upon notice in writing from the lessor or owner given at least half the period of the term not exceeding in any case three months prior to the expiration of the same, at any return thereof.

SEC. 4. To terminate leases at will or by sufferance or by parol, like notice shall be given by the tenant, if he would be quit of the same, as is prescribed to be given by the lessor or owner; and such notice shall have the same effect for all purposes as if given by the lessor or owner to the tenant.

SEC. 5. The time named in a definite written lease shall be the time of the termination thereof for all purposes; and if there be no time of termination named therein, it shall be deemed a letting from year to year, and the like notice to quit shall be required both from landlord and tenant, if either would be quit of the lease, as in case of letting by parol, and such notice from either shall have the like effect.

SEC. 6. If in any case of letting of lands or tenements, whether by writing or parol, the stipulated rent or any part of the same, be in arrear for the period of six months after demand made of the same from the tenant or his assigns by the lessor or person entitled to the reversion, the landlord or reversioner may re-enter and repossess himself of the lands and tenements let, or recover possession of the same from the tenant or his assignee discharged from the lease.

SEC. 7. The lessor or owner of lands or tenements shall be entitled to recover the same upon termination of the letting of the same, in manner aforesaid, either by ordinary process of ejectment, or in the manner prescribed for recovery of possession of tenements or estates from those who hold over the term of letting, in chapter one hundred and sixty-seven.

SECTION 1. If any person shall cut, destroy, or carry away any tree, timber, wood or underwood whatever, lying or growing on the land of any other person, without leave of the owner thereof, he shall for every such trespass, pay the party injured, twice the value of any tree so cut, destroyed or carried away; and for the wood or underwood, treble the value thereof; to be recovered by action of trespass before any justice of the peace in the county, if the damages exceed not the sum of fifty dollars; but if they be