at his place of last and usual abode not more than thirty, nor less than ten days, before the day of the said meeting, shall be deemed sufficient notice, and may be proved by the testimony of any disinterested witness, who gave or left the same, or saw it done.

After notice

may proceed

and shall be

fits;

-what pro

SEC. 13. Be it further enacted, That if any proprietor so notified shall neglect to attend the said meeting; or being the majority met shall neglect or refuse to agree with the major part in to rebuild or interest, of the proprietors of such mill, for repairing or re- repair, building the same, in whole or part, so as to make the same serviceable, to pay his part of the charges of doing the same; the rest of the proprietors, being the major part in interest, may cause the same to be done; and shall be reimbursed and paid such sum or sums as they, or any of them, shall ad- reimbursed vance thereon beyond their respective proportions, with in- out of mill proterest for the same in the mean time, out of the said mill or the profits thereof; and if said sums so advanced shall not if not so reimbe reimbursed or paid by the profits of said mill, or by the bursed or paid proprietors neglecting and refusing as aforesaid, within six ceedings shall months after the said repairs and buildings shall be completed, it shall be lawful for the proprietors so advancing said sums, to charge, in addition to the same, one per centum a month on the amount so advanced, from and after said six months, till the same shall be reimbursed or paid as aforesaid; and their lien on such mill for the purpose of being reimbursed such repairs, shall continue notwithstanding the proprietor so neglecting or refusing, may decease, or may alien their interest in such mill: Provided, That nothing in Proviso-this this Act contained shall be construed to make void any par- fect special ticular contract, made or to be made, for the repairing or re- such mills. building any mill or mills.

be had.

act not to af

contracts as to

cases

to be consid

SEC. 14. Be it further enacted, That where any part or Guardians, parts of such mill, shall at the time of such notice and meet- husbands and mortgagees, in ing, be held and possessed by any minors, feme covert, ten- certain ant for years, in dower, by courtesy, for life, in tail, mort- ered as owngager or mortgagee; then the guardians of such minors le- ers, within this gally appointed, husband of such feme covert in her right, ed accordingsuch tenant, mortgager or mortgagee in possession, shall be deemed, for all the purposes of this Act in so repairing or rebuilding such mill, the proprietor or proprietors thereof,

act, and notifi

ly.

and such guardians, husbands and persons having in pos session such limited estates therein, shall be notified, vote and contribute accordingly; and all advances so made by them respectively, for and on account of such minors, heirs of such married woman, those in remainder or reversion, or the other party in the mortgage, if not adjusted and paid by agreement, shall be recoverable in a special action on the case, with interest.

SEC. 15. Be it further enacted, That every miller shall be provided with scales and weights to weigh corn, grain and Millers to be meal to and from the mill, if required; and if he shall neprovided with scales and glect to keep such scales and weights, or refuse so to weigh weights. corn, grain and meal, when required, he shall be fined for each neglect or refusal not exceeding five dollars, to be recovered, with costs by action of debt, by the party suing to his use, before any Justice of the Peace of the county wherein the offence shall be committed.

Amount of toll

not to ex

SEC. 16. Be it further enacted, That the toll for grindceed one six- ing all sorts of grain shall not exceed one sixteenth part

teenth.

Deeds made

tants of a

assigns to be

id.

An Act directing the manner of Conveyance to be used by Counties, in purchas

ing and disposing of Lands.

SEC. 1. BE it enacted by the Senate and House of Repreto the inhabi- sentatives, in Legislature assembled, That whenever any Councounty, their ty in this State shall purchase any lands, whereon to erect successors and a court-house, or jail, or for any other purposes authorized good and val- by law, the deed or deeds of the grantor or grantors duly executed, acknowledged, and registered, made to the inhabitants of the county, making the purchase, to have and to hold to the said inhabitants, their successors and assigns forever, shall be good and valid, to all intents and purposes, to vest in the said inhabitants and county their successors and assigns, in fee simple, all the right, title, interest and estate whatever which the grantor or grantors in such deed or deeds had, at the execution thereof, in the lands contained therein.

ferent forms

of counties

SEC. 2. Be it further enacted, That all grants and convey. Deeds of dif ances heretofore made to the inhabitants of any county, or for the benefit to their Treasurer, committee, or any other person or per- conârmed. sons, and by whatever form of conveyance for the use and benefit of such county in any manner whatever, shall be deemed and holden to be the property of such county; and all such conveyances shall have the same force and effect as if they had been made to the inhabitants of such counties by their respective corporate names.

agents to con

lands, &c.

SEC. 3. Be it further enacted, That the court which by Certain courts law may have the powers in relation to county lands, may may appoint by their order of record, appoint an agent or agents, to sell vey county and dispose of any real estate of said county, and the deed or deeds of such agent or agents under their proper hands and seals, for and in behalf of the inhabitants of such county, duly acknowledged and registered shall be sufficient to valid to pass all intents and purposes to convey to the purchaser or purchasers, all the right, title, interest and estate whatever, which the county may then have to the premises so conveyed.

Their deeds

the estate.

Court to ex

cessary pow

lands fc.

SEC. 4. Be it further enacted, That in all cases where any Sup. Judicial real estate may be holden in trust, for the use and benefit ercise all neof any county by any conveyance whatever, and no con- ers of Court of venient and effectual remedy may exist at common law, to Equity, as to enforce the execution of such trust, the Supreme Judicial holden in Court shall have full powers and process, and they are hereby empowered to enforce the execution of such trust, according to the course of proceedings in equity.

[Approved March 15, 1821.]

trust, for, or

to use of a

county.

00

CHAPTER XLVII.

An Act for the settlement of certain equitable claims arising in Real Actions.

cases to ascer

of improve

SEC. 1. BE it enacted by the Senate and House of Repre- Jury in certain sentatives, in Legislature assembled, That when any action tain the value has been or may hereafter be commenced against any per- ments and of son for the recovery of any lands or tenements, holden by the land with such person by virtue of a possession and improvement, and which the tenant or person, under whom he claims, has had

out them.

Demandant may abandon;

execution in

such case.

in actual possession for the term of six years, or more, before the commencement of such action, the Jury, which try the same, if they find a verdict for the demandant, shall, (if the tenant so request) also inquire, and by their verdict ascertain the increased value of the premises, by virtue of the buildings and improvements made by such tenant, or those under whom he may claim; and (if the demandant require it) what would have been the value of the demanded prem ises, had no buildings or improvements been made by such tenant, or those under whom he may claim; and if during the term in which such verdict shall have been given, the demandant shall make his election on record, in open Court, to abandon the demanded premises to the tenant, at judgment and the price estimated by the Jury as aforesaid, then no judgment for possession shall be rendered on the verdict, but judgment for the sum so estimated; and after one year, a writ of execution may issue for the same sum with one year's interest thereon and costs of suit, unless the tenant shall, within one year after the rendition of said judgment, pay into the Clerk's office of said Court, for the use of the demandant, one year's interest of the said sum, together with one third part of the said sum, and the costs of suit, if taxed, in which case the said writ of execution shall further stay; and if the tenant shall within two years after the rendition of said judgment further pay into the Clerk's office as aforesaid, one year's interest of two third parts of the said sum, together with one other third part of the said sum, then the said writ of execution shall further stay: otherwise may issue for two third parts of the said sum, and one year's interest thereon; and if the tenant shall within three years after the rendition of said judgment, pay into the Clerk's office as aforesaid, the remaining third part of the said sum, and one year's interest thereon, having made the several payments aforesaid, the writ of execution shall be perpetually stayed, otherwise it may issue for the said one third part of the said sum and one year's interest thereon; Lien on the de- and the said demanded premises shall be held for the security of the sum so estimated, and interest thereon, and costs of suit, until sixty days after a writ of e xecution might have issued as aforesaid, liable to be taken in execution, in like

manded prem

ises.

afterwards

recover

back the mo

manner as real estate or equities of redemption attached on mesne process, notwithstanding any intermediate convey- May be exance, attachment or seizure upon execution, and the de- tended on, mandant may cause his writ of execution, when issued as aforesaid, to be extended on the said premises, in like manner and with like effect in all respects, as executions may by law be extended on real estate; or he may cause the same or sold. premises, or so much thereof as will satisfy said execution and costs, to be taken and sold upon the said execution in like manner and with like effect in all respects as equities of redemption may by law be taken and sold on execution; and the tenant and his heirs shall have a good title to the demanded premises, against the demandant and his heirs forever, except the liability aforesaid. But should the ten- If the tenant is ant or his heirs afterwards be evicted therefrom, by a high- averted he er or better title of any claimant or claimants, if he shall may have duly notified the original demandant, or his heirs, to ney paid. aid him in the defence of such suit, and admitted him to aid accordingly, in case of his appearing and offering to aid, such tenant or his legal representative shall be entitled to receive and recover back the same money, with the lawful interest thereof from him, her or them, who shall have had the use and benefit thereof in an action for money had and received to the use of such tenant or his legal representative; and if the demandant shall not so make his election on If the demandrecord as aforesaid, no writ of seizin or possession shall is- ant does not sue on a judgment founded on such verdict, unless the de- of seizin to be mandant shall, within one year from the rendition thereof, year. have paid into the Clerk's office of the same Court, or to such other person as the Court may for that purpose appoint, for the use of the tenant, or the person or persons justly entitled thereto, such sum with the interest thereof, as the Jury shall have assessed for buildings or improvements as aforesaid; and a new action for the recovery of the same premises shall not be sustained in any Court, unless the demandant shall first have paid to the tenant, all such costs as would have been taxed for him had he prevailed in the first suit: Provided nevertheless, That nothing herein con- Provise. tained, shall extend to any action which is or may be commenced by any mortgagee, his heirs or assigns, against any mortgagor, his heirs or assigns.

abandon, writ

stayed one