deemed in act

immediately on

shall be rendered on any inquest of office, that the State be State to be reseized, or seized of any lands, tenements or hereditaments, ual possession the State shall immediately upon the rendition of such judg-judgment of ment, be deemed and taken in the law, to be in fact seized of reseizin. all such estate, to all intents and purposes whatever and all Judgment to judgments rendered on any inquest of office, taken by virtue conclude all of this Act, shall conclude all parties and privies thereto, their heirs and assigns so long as such judgment shall remain in

full force.

parties.

become seized

beirs, owner appear and re

by legal pro

provements

profits,

which shall be

bill in equity

SEC. 6. Be it further enacted, That if after the State shall af after State become so seized of such estate, as having accrued thereto for want of for want of legal heirs, any person shall and make appear, out his right to the same, and shall in due process of law re- cover the estate cover the same against the State, its grantee, assignee or ten- cess, ant, that the same estate shall nevertheless be liable to all ex- it shall still be penses of improvement thereon made, over and above the liable for im rents and profits thereof; and the Attorney General, or the above rents and tenant, grantee or assignee of the State, shall be empowered to file a bill in equity in the Supreme Judicial Court of the the amount of county where the land is, for the recovery of the same ; and ascertained on a summons shall be issued, with a copy of such bill thereunto in S. J. Court, annexed, and served on the owner of such land or on his to be filed by tenant, fourteen days before the sitting of the Court to which eral or tenant, it may be returnable; and that the Supreme Judicial Court shall proceed to try the same, by a Jury or otherwise, according to the principles of the laws and Constitution of the State, and shall issue an execution against such estate for the payment of such sum as shall be adjudged on such process; and the Sheriff or other officer to whom the same shall be directed, shall at public auction sell so much of the same lands as shall be sufficient to pay the same, with all charges, unless the same shall be otherwise discharged.

[Approved February 24, 1821,]

:0:

CHAPTER XLIX.

An Act directing the manner of giving notice in certain cases.

Attorney Gen

&c.

given in a

tain cases.

BE it enacted by the Senate and House of Representa- Notice to be tives in Legislature assembled, That in every case, where any Portland newsnotice respecting real estate is now required by law to be giv- paper in ceren by advertisement, in one of the Boston newspapers, or in the newspaper of the printer of the General Court, for the time being, such notice instead of being given in said Boston. newspaper, or in the newspaper of the printer of the General Court, for the time being, shall hereafter, be given by advertising in one of the newspapers printed in Portland, and in one of the newspapers printed in the county where such real estate lies, or the next adjoining county, if any such news, paper there be. [Approved June 17, 1820.]

Equity powers given to Sup.

Jud. Court as deeds, wills, &c.

to trusts under

What kind of process to be

tised.

CHAPTER L.

An Act for giving Remedies in Equity.

SEC. 1. BE it enacted by the Senate and House of Representa tives, in Legislature assembled, That the Justices of the Supreme Judicial Court shall have power and authority to hear and determine in equity all cases of trust arising under deeds, wills or in the settlement of estates; and all cases of contract in writing, where a party claims the specific performance of the same, and in which there may not be a plain, adequate, and complete remedy at law. And the bill or complaint in such cases may be inserted in a writ of attachment or original summons, returnable to the same Court; and such writ be served on the adverse party as other writs of attachment, or original summons are by law to be served. S.J. Court may And the said Justices of the Supreme Judicial Court shall have authority to issue all such writs and processes as may earry the pow be necessary or proper to carry into effect the powers hereeffect, by granted and to make from time to time all necessary and make rules, rules and orders for the convenient and orderly conducting to Constitution of the said business: Provided, the same be not repugnant to the constitution and laws of this State; and provided also Limitation as that the cases of contract, to which this Act shall apply, shall be such only as shall be hereafter made in writing, or which have so been made since the tenth day of February in the year eighteen hundred and eighteen.

use all necessa

ry process to

ers granted into

not repugnant

and laws.

to contracts

within this

Act.

Courts may exercise chancery

forfeitures, &c.

and enter judg. ment for what

is equitably due.

SEC. 2. Be it further enacted, That in all causes brought powers as to before the Supreme Judicial Court of this State or before any Circuit Court of Common Pleas to recover the forfeiture annexed to any articles of agreement, covenant, contract, or charter party, bond, obligation, or other specialty or for forfeiture of real estate upon condition, by deed of mortgage, or bargain and sale with defeasance, when the forfeiture, breach or non-performance shall be found by Jury, by the default or the confession of the defendant, or upon demurrer, the Court before which the action is, shall make up judgment therein for the plaintiff to recover so much as is due according to equity and good conscience.

In case of pen.

Courts to enter

the whole penalty and issue execution for sum due.

SEC. 3. Be it further enacted, That when any action shall atties forfeited, be brought and prosecuted on any bond or other specialty, judgment for with penalties, for the payment of sums of money, performance of covenants, contracts, agreements, matters or things to be done at several times, and the plaintiff recover the forfeiture of such penalty; the Court shall enter up judgment for the whole of such forfeiture, and award execution only for so much of the debt or damage as is due or sustained at that time, so always that the said judgment shall stand and be a security to the plaintiff, his executors and administrators for any further and after payment or damages he or they may have just right to, by the non-performance or

ages in part of

facias

such cases.

breach of the covenants, contracts, agreements or things in such bonds or other specialties contained; and who may Further damhave a writ or writs of scire facias on said judgment from penalty, to be such Court, where the same was obtained, against the de-recovered on fendant, his heirs, executors or administrators, suggesting other and further damages sustained by non-performance or Proceedings in breach of such covenants, contracts and agreements, and to summon him or them to show cause why execution should not be awarded upon said judgment for other and further damages, as set forth in the writ and made out to the Court; upon which the Court shall proceed as aforesaid, as often as such damage shall accrue, and be sued for as aforesaid; or may have his action of debt, or on the case, as the case may require for such payment or damages as aforesaid.

State vs. per

witnesses

Courts may re

SEC. 4. Be it further enacted, That in all actions of scire In scire facias facias brought in the name and on behalf of the State, either sons as princiin the Supreme Judicial Court or any Circuit Court of Com- pat sureties or mon Pleas, to recover the penalty or forfeiture of any recog-Color part nizance taken or entered into in criminal prosecutions, either of the penalty. by principal or sureties, or by witnesses to appear at either of the aforesaid Courts, and give evidence on the part of the State, when the forfeiture, breach or non-performance of the condition of such recognizance shall be found by the default or confession of the party, or by verdict of a Jury, or upon demurrer, the Court before which such action may be brought, may render judgment therein for the State according to the circumstances of the case, and the situation of the party, and may remit either the whole, or any part of the penalty of such recognizance, upon such terms and conditions as to them shall seem reasonable and just; any law or usage to the contrary notwithstanding.

[Approved February 20, 1821.]

:00:

CHAPTER LI.

An Act to regulate the jurisdiction and proceedings of the Courts of

Probate.

ed..

bate-powers

SEC. 1. BE it enacted by the Senate and House of Representa- Courts of Protives, in Legislature assembled, That a Court of Probate shall bate establishbe held within the several counties of the State: and there shall be in the manner the Constitution directs, some able and learned person in each county in the State, appointed or to Judge of Probe appointed Judge, for taking the probate of wills, and and jurisdiegranting administrations on the estates of persons deceased, being inhabitants of, or resident in the same county at the time of their decease, or having died without the State, and leaving estate of any kind within the same; for appointing guardians to minors and other persons; for examining and allowing the accounts of executors, administrators, or guar

tion.

When Judge is interested. &c.

in any estate, &c. to be in most ancient

administration,

adjoining county.

Register's power aud duty.

dians, and for such other matters and things as the Courts of Probate within the several counties aforesaid, shall by law, have cognizance and jurisdiction of. And the said Judges of Probate shall have full power and authority to make out such process or processes as may be needful for the discharge of the trust reposed in them; and all Sheriffs, Deputy Sheriffs, Coroners and Constables, are required duly to serve and execute all legal warrants, or other process to them directed, by any Judge of Probate. And contempt of authority in any cause or hearing before any Judge of Probate, shall and may be punished in like manner as such contempt of authority in any Circuit Court of Common Pleas, may or can by law be punished.

SEC. 2. Be it further enacted, That whenever any Judge of Probate shall be interested as heir or legatee, creditor or debtor, or within the degree of kindred which by the laws of this State, he might by any possibility be heir in the estate of any person deceased, within the county of such Judge, such estate shall be settled in the Probate Court of the most ancient next adjoining county; and the will, if any, of such deceased person, may be there proved, or administration granted, as the case may require; and all other proceedings had thereon, in such adjoining county, as if such deceased person had belonged to or died within the same. And whenever due application shall be made in writing to the Judge of Probate of such adjoining county, for the probate of a will, or the granting of letters of administration, in virtue of this Act, he shall, after giving due public notice thereof, proceed thereon and settle such estate as fully, and to all intents as he might any other estate within his proper jurisdiction : Provided always, That nothing herein contained shall take away the right of appeal to the Supreme Court of Probate, as allowed in other cases.

SEC. 3. Be it further enacted, That there shall be in manner as the Constitution directs, a suitable person in each county appointed, or to be appointed Register of wills, administrations, accounts, decrees, orders, determinations and other writings, which shall be made, granted or decreed upon by the Judges of Probate, in their respective counties; which Register shall be sworn to the faithful performance of the duties of his office, and have the care and custody of all files, papers and books, to the Probate Office belonging; and in case of the death, sickness or necessary absence of the bate may ap- Register, it shall and may be lawful for the Judge of Probate to nominate and appoint some meet person to officiate as a Register, to be sworn as aforesaid, until the standing Register shall be able to attend his duty, or until a new one shall be appointed by the Governor and Council.

Judge of Pro

point Register pro tempore.

Judge not to be

SEC. 4. Be it further enacted, That no Judge of Probate of counsel,&c. shall be allowed or admitted to have a voice in judging and

determining, nor be permitted to be of counsel, or to act as an attorney either in or out of Court, in any civil action, or other process or matter whatsoever, which may depend on, or have relation in any way to any sentence or decree, made or passed by him in his office aforesaid. Nor shall he be of counsel or attorney in any civil action for or against any executor, administrator or guardian, as such within the county in which said Judge shall reside. And no Register of Pro-Register not to bate shall be appointed an administrator or commissioner of tor, appraiser, insolvency, appraiser or divider of, or upon any estate, or in any manner be interested in the fees and emoluments arising therefrom; or be of counsel, or in any way, directly or indirectly, act as an attorney in any matters and things whatsoever, which are or may be pending in the Court of Probate, of which he is Register, or in any appeals therefrom.

be administra.

&c. nor coun

sel.

stated court

SEC. 5. Be it further enacted, That the Judges of Probate, Judges to have in the respective counties shall have certain fixed days for day. the making and publishing of their orders and decrees; and such days shall be made known by public notifications thereof in the several counties; and all orders and decrees of Judges of Probate shall be made in writing and duly recorded. SEC. 6. Be it further enacted, That the Supreme Judicial Sup. Judicial Court shall be the Supreme Court of Probate, and shall have pellate Court appellate jurisdiction of all matters determinable by the Judges of Probate in their respective counties; and all appeals from any order or decree of a Judge of Probate, shall be to the said Supreme Court of Probate accordingly.

Court to be ap

Probate.

tion-to whom

SEC. 7. Be it further enacted, That after the decease of Administraany person intestate, administration of such intestate's goods granted;" and estate shall be granted unto his widow or next of kin upwards of twenty-one years of age, or to both, as the Judge of Probate shall think fit, within thirty days; and an inventory inventory, &c. shall be taken of all the real estate, goods and chattels, rights appraisers, how appointed. and credits of the deceased, within three months, by three suitable persons, appointed by the Judge of Probate, who shall be sworn to the faithful discharge of their trust; and when any part of such estate lies without the limits of the county, in which the Judge of Probate lives, who has jurisdiction of the settlement of such estate, he may appoint three suitable persons, within the county where such estate may be, to take an inventory thereof, who shall be sworn in manner as aforesaid. And after the expiration of thirty days from the death of any person intestate, in case the widow or next of kin shall refuse or neglect to take out letters of administration, being cited before the Judge of Probate for that purpose, if resident within the county, the said Judge of Probate may commit administration of such estate to some one or more of the principal creditors; and in case of their refusal to such other person or persons as the said Judge shall think fit. And every administrator shall, before entering up