covenant, contract or agreement, be claimed until after the 4 years; and proceedings said term, in such case, the claimant may, at any time with- therein. in the said term of four years, file such demand at the Probate office where administration was granted, or the will was approved; and the Judge of Probate shall direct the executor or administrator to retain in his hands assets (if sufficient there be) to answer said demand, unless the heirs to such estate, or devisees thereof, or some one or more of them, shall give good and sufficient security, in the opinion of the Judge of Probate, for such executor or administrator to respond such demand; and when security is so given, such executor or administrator shall not be allowed to retain in his hands assets for the purpose aforesaid; the estate of the said deceased shall however be liable, in the hands of the said heirs or devisees, or their heirs or assigns, to answer the said demand.

covenant, &c.

tion of the 4 years, they may be enforced against

prosecuted or claimed with

in one year.

SEC. 28. Be it further enacted, That where demands When deagainst the estate of any person deceased, arise by virtue of mands arise on any covenant, contract or agreement that could not be claim- after expiraed until after the said term of four years, the claimant in such case, unless he shall have filed the same in the Probate Court, as aforesaid, may have his remedy against those who the heirs, if inherit the estate of such person, or devisees thereof, against whom the demand lies, if such claim be made within one year from the time of its becoming due, and not against the executor or administrator: Provided always, That nothing in this Act shall operate to bar any action that may be commenced against an executor or administrator with the will visees, legaannexed, for the recovery of a legacy, bequest, gift or annuity, arising, accruing or becoming due by virtue of any last will and testament, but the same may be commenced and prosecuted in the same time, way and manner, as they might have been, had this statute never been made.

[Approved March 21, 1821.]

Proviso as to

actions by de

tees, &c.

Enumeration of promises,

writing.

CHAPTER LIII.

An Act to prevent Frauds and Perjury

SEC. 1. BE it enacted by the Senate and House of Repré

void if not in sentatives, in Legislature assembled, That no action shall be brought whereby to charge an executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant, upon any special promise, to answer for the debt, default or misdoings of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year, from the making thereof; and no action shall hereafter be maintained upon any contract for the sale of lands, tenements or hereditaments, or any interest in, or concerning the same, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

All leases, &c.

not in writing,

er force or ef

fect than leases or estates at

will.

SEC. 2. Be it further enacted, That all leases, estates, to have no oth- interests of freehold, or terms of years, or any uncertain interests of, in or out of, any messuages, lands, tenements or hereditaments, made or created by livery and seizin only, or by parole, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only; and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect; any consideration for making any such parole leases or estates notwithstanding. And no tates, &c. shall leases, estates or interests, either of freehold or term of be assigned, years, or any uncertain interest of, in, to or out of, any messuages, lands, tenements or hereditaments, shall at any time, be assigned, granted or surrendered, unless it be by signed by the deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.

No leases, es

granted or surrendered, unless by deed, or writing,

party, &c.

for sale of

ing or partly

SEC. 3. Be it further enacted, That no contract for the No contract sale of any goods, wares, or merchandize, for the price of goods for the thirty dollars or more, shall be allowed to be good, except or more good, price of $30 the purchaser shall accept part of the goods so sold, and unless in writactually receive the same, or give something in earnest to executed. bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.

[Approved March 8, 1821.]

-00

CHAPTER LIV.

An Act establishing a Supreme Judicial Court within this State.

Court estab

SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That there shall be lished. a Supreme Judicial Court within this State, to consist of one Chief Justice and two other Justices, each of whom shall be an inhabitant of this State, of sobriety of manners and learned in the law, to be appointed and commissioned as is by the Constitution provided, and they or any two of them, shall be a Court, and have cognizance of pleas real, personal and mixed; and of all civil actions be- Jurisdiction, tween party and party, and between the State and any of &c. the citizens thereof, whether the same do concern the realty, and relate to right of freehold, inheritance or possession, whether the same do concern the personalty, and relate to any matter of debt, contract, damage or personal injury; and also all mixed actions, which do concern the realty and personalty brought legally before the same Supreme Judicial Court, by appeal, review, writ of error, or otherwise; and in all such actions real, personal and mixed, to give such judgment, and award such execution, as the common rules of justice and the laws of this State shall direct; and shall take cognizance of all capital and other offences and misdemeanors whatsoever of a public nature, tending either to a breach of the peace, or the oppression of the citizen, or raising of faction, controversy or debate, to any manner of misgovernment; and of every crime whatsoever that is

them.

against the public good, and shall by virtue of their office, be severally conservators of the peace throughout the State. And upon all persons duly and legally convicted before the said Court, of crimes, offences or misdemeanors, to inflict such punishment as by the laws of the State is provided. And in case of legal conviction, where no punishment by statute law is provided, then the said Court shall punish the person so convicted, according to the common usage and practice within this State, not repugnant to the Constitution, according to the nature of the offence. And said Court are hereby invested generally with all the jurisdiction, power and authority, except in relation to the appointment of Clerks, and enjoined to perform all the duties, which by existing laws adopted by the Constitution, and not repugnant thereto, appertain and belong to the Supreme Judicial Court. And may issue all manner of writs, executions, certificates and processes whatever, for carrying into effect and authenticating any judgment, order or adjudication whatever, which may have been rendered in the late Supreme Judicial Court, in any county within this State, prior to the sixteenth day of March last; and all suits, writs, executions, certificates and processes, when so issued, shall be of the same effect, and be executed, levied and extended in the same manner, as if issued on any judgment, order or adjudication of the Court hereby created; and all records and documents of the late Supreme Judicial Court, now remaining in the several counties in this State shall be placed and remain under the control and authority of the Supreme Judicial Court of this State, in the same manner and for the same purposes as the records and documents of their own doings, and the Clerk of the same Court shall have the like power in relation to the one as the other of those records and documents.

1

SEC. 2. Be it further enacted, That the same Supreme May order the proceedings Judicial Court, may by certiorari or other legal methods, of inferior courts to be cause to be brought before them, as well indictments or othbrought before er criminal prosecutions or civil proceedings pending in, as the records of sentence, orders, decrees, and judgments of any Court of inferior, criminal or civil jurisdiction, and to proceed, order and award thereon, as is or shal! be by law provided and directed. And the said Supreme Judicial Court

ter oaths.

for contempts.

is empowered to impose and administer all oaths, as well And administhose that are necessary for promoting justice between party and party as those necessary to the conviction and pun. ishment of offenders; and to punish at the reasonable discretion of the Court, all contempts committed against the And punish authority of the same; and the said Court shall have pow er to issue all writs of prohibition and mandamus, according to the law of the land, to all Courts of inferior judiciary powers, and all processes necessary to the furtherance of justice, and the regular execution of the laws.

bear test

SEC. 3. Be it further enacted, That all writs and processes Process to of the same Court, shall be in the name of the State of Maine, the first Jusbear test of the first Justice, who is not a party to the suit, tice. and shall be under the seal of the same Court and signed by the Clerk.

rules for the

attornies, &c.

SEC. 4. Be it further enacted, That the same Supreme May make Judicial Court, shall and may, from time to time, make, re- admission of cord, and establish all such rules and regulations with respect to the admission of Attornies and Counsellors, ordinarily practising in the said Court, and all other rules respecting modes of trial, and the conduct of business, as the discretion of the same Court shall dictate. Provided always, That such rules and regulations be not repugnant to the laws of the State.

Proviso.

of

court for the

SEC. 5 Be it further enacted, That the Supreme Judicial Terms of the Court shall be holden at York, in and for the county of year 1820, York, on the second Tuesday of August next; at Portland, in the county of Cumberland, and for the counties of Cumberland and Oxford, on the fourth Tuesday of August next; at Augusta, in the county of Kennebec, and for the counties of Kennebec and Somerset, on the second Tuesday of September next; at Wiscasset, in and for the county of Lincoln, on the fourth Tuesday of September next; and at Castine in the county of Hancock, and for the counties of Hancock, Washington and Penobscot, on the second Tuesday of October next. And from and after the first day of And after. April next, the said Supreme Judicial Court shall be holden in each year at York, within and for the county of York, on the last Tuesday of April; and at Alfred, in and for said county, on the fourth Tuesday of August; at Portland, in