other legal expenses and incidental charges, shall be put on interest on good security, and that the same shall be dispos ed of agreeably to the rules of law. tioners for oath. SEC. 4. Be it further enacted, That the said Justices, Courts may where they may think it expedient, may examine the said examine petipetitioner or petitioners on oath, touching the truth of facts sale, &c. on set forth in the said petition. And every representation made as aforesaid shall be accompanied with a certificate Certificate required from from the Judge of Probate of the county where the deceas- Probate Court. ed person's estate was inventoried, certifying the value of the real estate, and the value of the personal estate of such deceased person, and the amount of his or her just debts; and also his opinion, whether it be necessary that the whole or a part of the estate should be sold, and if part only, what part. &c. may be sell real estate their debts, in what man ner, &c. SEC. 5. Be it further enacted, That the guardian or guar- Guardians of dians of any person or persons who shall spend or waste spendthrifts, their estates by excessive drinking, gaming, idleness or de- licensed to bauchery, are hereby authorized and enjoined to pay the for payment of debts of such person or persons, and to provide for their and support, maintenance and the support of their families out of their &c. real estate, when their personal estate shall be insufficient, and for these purposes may sell so much of the real estate of their wards, as shall be necessary therefor, in the way and manner, and under the conditions, restrictions and limitations, under which executors and administrators are empowered to sell the estate of deceased persons; such guar dians first obtaining a license therefor from the Supreme Judicial Court, or from the Circuit Court of Common Pleas of the county where the real estate shall be, who are hereby respectively empowered to grant the same: Provided however, That no such license be granted, unless the person ap- Certificate of plying for the same shall produce to the Court a certificate, overseers to under the hands of the overseers of the poor of the town, in petition for which said idle, gaming person has gained a legal settle sale. ment, giving their consent and approbation of the sale of such a proportion of the real estate of such person as such overseers shall be satisfied is necessary to discharge the bona fide debts of such idle person, excluding all debts contracted by gaming. accompany Supreme Judicial Court may of whole of such spend tate, when sale the rest. SEC. 6. Be it further enacted, That the Justices of the authorize sale Supreme Judicial Court be, and they are hereby authorized and empowered to grant license to, and authorize guardians thrifts' real es- of persons given to excessive drinking, idleness, gaming or of part would debauchery, to sell and convey the whole or so much of greatly injure the real estate of such persons, as shall be most for their interest and benefit, when by a partial sale thereof, the remainder would be greatly injured, in the same way and manner, and under the same restrictions, as they are authorized to grant license to administrators, executors and guardians of minors and persons non compos mentis, to sell real estate in such cases: Provided however, That no such license shall be granted unless the certificate of overseers of the poor required to be produced, shall also contain their consent and approbation of such sale, and their opinion that by a partial sale of the real estate, the remainder thereof would be greatly injured. Certificate of overseers of poor required in such cases. Supreme Judi authorize sale of minors, in to be put on SEC. 7. Be it further enacted, That when it shall fully apcial Court may pear to the Justices of the Supreme Judicial Court, aforeof real estate said, by the petition and representation of the friends or certain cases, guardians of minors interested in the real estate of any tesand proceeds tator or intestate, that it would be for the benefit of such interest. minors, or persons non compos mentis, that their interest therein should be disposed of, and the proceeds thereof be put out and secured to them on interest, the said Justices last mentioned, after a full examination on the oath of the petitioner or otherwise, may authorize some suitable person or persons to sell and convey such estate or part thereof, by deed or deeds duly acknowledged and recorded in the RegBond to be istry of Deeds as aforesaid: Provided, Such person or pergiven to Judge sons first give bond with sufficient sureties, to the Judge of Probate for the county where the said deceased person last dwelt, to observe the rules and directions of law in the sale of real estates by executors or administrators in the second enacting clause herein prescribed, and to account for and make payment of the proceeds of the said sale, agreeably to Certificate of the rules of law: Provided, That the said Judge of Probate Judge of Pro- shall certify that the whole or a part of the said estate is, in cessity of sale. his opinion, necessary to be sold, and if part only, what of Probate. bate as to ne part. and C. C. C. cense execu adminis sons who lived Restrictions SEC. 8. Be it further enacted, That the Supreme Judicial S. J. Court Court, and the Circuit Court of Common Pleas be, and they Pleas may liare hereby authorized and empowered to grant license to, tors and authorize executors of the last will and testament, and trators and guardians, &c. administrators upon the estate of persons deceased, who re- to sell real essided out of this State owning real estate within the same, at within this tate lying the time of their decease; and also guardians of minors, State, of perpersons non compos mentis, or persons given to excessive out, &c. drinking, idleness, gaming or debauchery; such minors, or other persons not living within this State, but owning real estate within the same, to sell and convey such real estate lying within this State, in the same way and manner, and under such conditions, restrictions and limitations, as are herein provided by law, for the sale of real estate by executors, and limita administrators and guardians, within this State; and all pro- tions. ceedings necessary to be had before any Judge of Probate within this State respecting such sale, shall be had before the Judge of Probate, within and for the county where such real estate may be situated. .SEC. 9. Be it further enacted, That the bond, required by of real estate law, to be given to the Judge of Probate by executors, ad- to be given to Judge of Proministrators and guardians, previous to the sale of real es- bate for the tate, shall and may be given to the Judge of Probate for the county where county in which the real estate is situated, in all cases, where the deceased person to whom such estate belonged, was not an inhabitant within this State, at the time of his decease. Bonds on sale estate lies. appointment of executor, administrator bate out of the State. SEC. 10. Be it further enacted, That whenever any exec- What shall be utor, administrator or guardian, has been duly appointed evidence of and approved by any Judge of Probate, or any Court having Probate Jurisdiction in any other State, a certified copy of such appointment and approval, filed in any Probate of fice in this State, shall be sufficient evidence of such appointment and approval, and entitle such executor, administrator or guardian, to all the rights and powers incident to such appointment, as far as it respects the sale of real estate as aforesaid, which he might or could have, if he was appointed and approved as executor, administrator or guardian, by a Judge of Probate in this State. Executor, ad- SEC. 11. Be it further enacted, That any executor, ad ministrator, journ sale, not &c. may administrator, guardian or other person, licensed by either of exceeding 14 said Courts, to make sale of real estate, may adjourn such sale, if expedient, for any space of time not exceeding fourteen days. days. Licenses for sale of real estate to be in year, from ing. Actions by such sales, lim SEC. 12. Be it further enacted, That no such license as aforesaid, for the sale of real estate, granted by either of force for one the Courts aforesaid, shall be in force for a longer term of time of grant- time than one year from the time when such license shall have been granted. And no action by any heir or other persons inter- person, interested for the recovery of any real estate, sold ested to defeat under such license, shall be sustained, unless such action ited to 5 years: shall be brought within the term of five years after the execution and delivery of the deed given under such license: Provided always, That minors and other persons under legal disabilities, and persons out of the State, at the time of such sale, may maintain such action at any time within the term of five years from the removal of their disabilities, or from their return to the State, as the case may be. excepting as to minors, &c. S. J. Court or may authorize in order to complete or carry into effect, contracts or covenan's testators or intestates. And whereas it may be often necessary to enable the representatives of persons deceased, to perform the engagements entered into by such deceased persons for the transfer of real estate : SEC. 13. Be it further enacted, That whenever it shall be represented and made to appear to the Justices of either of the aforesaid Courts, in form aforesaid, by any person or to make deeds persons, contracted with by bond, covenant or other contract, under seal, that a testator or intestate in his or her life time, entered into such bond, covenant or contract, to convey some real estate to him or her, but was prevented by made by their death; and that such person or persons, contracted with as aforesaid, have, on his, her, or their part, performed, or stand ready to perform the conditions of such bond, covenant or contract, made with the said testator or intestate, the said Justices may, after due notice given to all concerned as aforesaid, in form aforesaid, and a full hearing had, grant license to, and empower the executors or administrators of such deceased obligor, covenantor, or contractor, to make and execute such conveyance or conveyances to such person or persons, contracted with as aforesaid, as it shall ap pear the said obligor, covenantor or contractor would by his bond, covenant or contract, be obliged to make and execute, in case he, she or they were living at the time of the performance of the conditions of the bond, covenant or contract by the contractees on their part, making reasonable allowances for any alteration, improvements or injuries, that may be made or done in the same estate since such contract was made, as the said Justices may award; which conveyance or conveyances when the instruments thereof are duly acknowledged and recorded in the Registry of Deeds for the county where such estate shall lie, shall be good and valid; and the monies or consideration paid for such estate, if not paid to the deceased contractor in his life time, shall be assets in the hands of the said executors or administrators, and be apportioned among the representatives of the deceased as other personal estate. award costs to SEC. 14. Be it further enacted, That when it shall appear Courts may to the said Justices, on examination, that the said petition or respondents when petitions petitions in any of the foregoing applications, are unreason- &c. are unreaable, the said Justices may award costs to such respondents sonable. as shall appear and object thereto. tice of sale of executors, ad SEC. 15. Be it further enacted, That the affidavit of any Mode of perexecutor, administrator, guardian or other person, who has petuating nobeen, or hereafter may be duly licensed to sell real estate, real estate, by or of any person employed by any of them, taken within ministrators & guardians, &c. eighteen months, next following the sale of such real estate, and filed in the Probate Court, and recorded together with one of the original advertisements of the time, place and estate to be sold, or a copy of such advertisement, are hereby declared to be one mode of perpetuating the evidence that such notice was given, and also to make the originals or copies thereof, from the Register of the Probate Court, admissible evidence in any Court of law. And when the person employed by the executor, administrator or guardian to post up such notifications, or cause them to be printed as aforesaid, resides more than ten miles distant from such Probate Court, his deposition respecting that matter, taken before a Justice of the Peace, and filed in such Probate Court within eighteen months as aforesaid, shall have the same |