State Treasu

title thereto, the defendant shall recover his costs of suit to be paid from be taxed by the Court, and paid out of the public treasury ry by warrant of the Governor and Council; but if the Jury do not find that the defendant hath good title to such estate, then he shall not be allowed his costs.

eral to prose

&c. that have

State for want

SEC. 3. Be it further enacted, That when it shall be found by the Attorney General, for the time being, that there are any Attorney Gen: lands, tenements or hereditaments, which for want of legal cute suit by in heirs, have accrued to the State, that it shall be the duty of quest for lands, the Attorney General to prosecute a suit by inquest of office accrued to in the Supreme Judicial Court in the county wherein such of heirs. estate is situated, in order to cause the State to become seiz ed thereof; and that on such process and trial, the person, No defendant against whom such process and suit shall be so brought, shall to avail him not be allowed to give in evidence, or to avail himself of title, unless he the title or right of any alien, or subject of another nation be his tenant, or sovereign, unless he can shew that he is tenant to, agent, servant or bailiff of such alien.

self of alien's

agent, &c.

prove himself

be entitled to

SEC. 4. Be it further enacted, That if it shall appear to If on trial the the Court that the person against whom such estate shall be defendant demanded, had, at the time of the service of the process owner or tenupon him, a good and valid title in himself to the premises of an alien demanded, or that he then was in the possession of the same owner he shall as the tenant, agent, servant or bailiff of any alien who had his costs, &G a right thereto or to any part thereof, then the Court shall award the defendant his full cost, which shall be paid out of the public treasury, according to the Constitution of the State: but if such party had not a title in himself when the process was served upon him, nor was the tenant, agent, ser- Proceedings in vant or bailiff of such alien at that time, but shall have after- quired or priv wards acquired a title, been made a tenant, or become the ity existing af agent, servant or bailiff of any alien in whom such estate is, process on dethen judgment shall be awarded against him for the full costs and the Attorney General shall cease to prosecute further on the process.

case of title ac

ter service of

fendant.

SEC. 5. Be it further enacted, That when any judg- State to be ment shall be rendered on any inquest of office, that the State deemed in ac be reseized, or seized of any lands, tenements or hereditaments, the State shall immediately upon the rendition of such judgment, be deemed and taken in the law, to be in fact

tual possession immediately

on judgment of

reseizin.

seized of all such estate, to all intents and purposes whatever : Judgment to and all judgments rendered on any inquest of office, taken

conclude

parties.

all

If after State

for want of

appear and re

process,

provements

by virtue of this Act, shall conclude all parties and privies thereto, their heirs and assigns so long as such judgment shall remain in full force.

SEC. 6. Be it further enacted, That if after the State shall become seized become so seized of such estate, as having accrued thereto heirs, owner for want of legal heirs, any person shall appear, and make cover the es- out his right to the same, and shall in due process of law tate by legal recover the same against the State, its grantee, assignee, or tenant, that the same estate shall nevertheless be liable to all expenses of improvement thereon made, over and above the rents and profits thereof; and the Attorney It shall still be General, or the tenant, grantee or assignee of the State, shall liable for im- be empowered to file a bill in equity in the Supreme Judicial above rents & Court of the county where the land is, for the recovery of profits, the same; and a summons shall be issued, with a copy of such bill thereunto annexed, and served on the owner of such of which shall land or on his tenant, fourteen days before the sitting of the be ascertained Court to which it may be returnable; and that the Supreme ty in S. J. Judicial Court shall proceed to try the same, by a Jury or filed by Attor otherwise, according to the principles of the laws and ney General or 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.

the amount

on bill in equi

Court, to be

tenant, &c.

[Approved February 24, 1821.]

Notice to be

given in a

CHAPTER XLIX.

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

Be it enacted by the Senate and House of Repre

Portland news- sentatives, in Legislature assembled, That in every case, paper in cer where any notice respecting real estate is now required by law to be given by advertisement, in one of the Boston

tain cases.

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 to 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 the next adjoining county, if any such newspaper there be. [Approved June 17, 1820.]

-:00:

CHAPTER L.

An Act for giving Remedies in Equity.

Jud. Court as

deeds, wills,

What kind of

process to be

SEC. 1. BE it enacted by the Senate and House of Repre- Equity powers sentatives, in Legislature assembled, That the Justices of given to Sup. the Supreme Judicial Court shall have power and authority to trusts under to hear and determine in equity all cases of trust arising un- &c. der 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 used." Court; and such writ be served on the adverse party as other writs of attachment, or original summons are by law to be served. And the said Justices of the Supreme Judicial Court shall have authority to issue all such writs and may use all processes as may be necessary or proper to carry into ef- necessary profect the powers hereby granted: and to make from time to the powers time all necessary rules and orders for the convenient and effect, orderly conducting of the said business: Provided, the same and make be not repugnant to the constitution and laws of this State; pugnant to and provided also 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 Limitation as tenth day of February in the year eighteen hundred and within this eighteen.

S. J. Court

cess to carry

granted into

rules, not re

Constitution

and laws.

to contracts

Act.

SEC. 2. Be it further enacted, That in all causes brought before the Supreme Judicial Court of this State or before exercise chan

Courts may

cery powers any Circuit Court of Common Pleas to recover the forfeit

as to forfeit

is equitably

due.

ures, &c. and ure annexed to any articles of agreement, covenant, conenter judg ment for what tract, 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.

alties forfeited,

for sum due.

SEC. 3. Be it further enacted, That when any action In case of pen- shall be brought and prosecuted on any bond or other speCourts to en- cialty, with penalties, for the payment of sums of money, ter judgment for the whole performance of covenants, contracts, agreements, matters or penalty and isque execution 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 breach of the covenants, contracts, agreements or things in such bonds or other specialties contained; and who may have a writ or writs of scire facias on said judgFurther dam- ment from such Court, where the same was obtained, against ages in part of penalty, to be the defendant, his heirs, executors or administrators, sugseire facias-gesting other and further damages sustained by non-performance or breach of such convenants, contracts and Proceedings agreements, and to summon him or them to show cause why in such cases. 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.

recovered on

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 princi- in the Supreme Judicial Court or any Circuit Court of Com

State vs. per

witnesses

mit all or part

mon Pleas, to recover the penalty or forfeiture of any re- pal, sureties or cognisance taken or entered into in criminal prosecutions, Courts may reeither by principal or sureties, or by witnesses to appear of the penalty. 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 recognisance 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 recognisance, 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

tion.

SEC. 1. BE it enacted by the Senate and House of Represen- Courts of Protatives, in Legislature assembled, That a Court of Probate bate establishshall be 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, ap- Judge of Propointed or to be appointed Judge, for taking the probate of and jurisdic wills, and granting 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 guardians, 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 pro