sued out and

in such action.

the party bringing such action of review, shall produce in view to be Court attested copies of the writ, judgment and all papers prosecuted : used and filed in the former trial, and each party shall have Proceedings the liberty to offer any further evidence; and the whole cause shall be tried in the same manner as if no judgment had been given thereon: and the former judgment may be reversed in whole or in part, or greater damages or less, or reversed in whole or part, no damages may be given, as the merits of the cause upon &c. law and the evidence shall appear to require.

Former judg ment may be

view may stay

SEC. 5. Be it further enacted, That the Justices aforesaid Court, on to whom any petition shall be preferred in manner aforesaid, granting a reare further empowered to stay execution in the cause on execution, on condition, &e such conditions as are before mentioned; and whenever the same Justices shall adjudge that the petitioner shall take nothing by his petition, they are also empowered to award May grant the respondent his costs, and execution may be sued out ac- pondent. cordingly.

costs to rest

cident or mis

appeal or complaint was not

proper term,

may order the other term,

entry at any

cause.

SEC. 6. Be it further enacted, That whenever by reason When by acof any accident, mistake or unforeseen cause, an appeal in a take, &c. an civil action or complaint may not be entered at the Supreme Judicial Court at the proper term of said Court for entering entered at the the same, the Justices of the same Court be, and they are S. J. Court hereby empowered, on the petition of the party, at their discretion, to order such appeal or complaint, to be entered at any other term of said Court, within the county where the judgment appealed from shall have been rendered; and to proceed to try the appeal or affirm the former judgment, with and try the additional damages and costs, in the same manner as they might have done if the said appeal or complaint had been entered at the proper term for entering the same; and the S. J. Court to said Justices are hereby vested with all the discretionary cretionary power respecting such appeals or complaints with which powers as in they are vested, in the cases of petitions for review mention- views. ed in this Act: Provided, That no petition for entry of such Proviso-peappeal or complaint shall be sustained, unless such petition shall be exhibited to the Court within one year after the within one term at which such appeal or complaint ought to have been proper term. entered. And provided also, That no goods or estate at- erty attacked tached, or bail given upon the original writ shall be affected not to be af by any thing done by force of this section; but the same proceedings.

have same dis

granting re

tition must be

year after the

Bail and prop

fected by such

Power of C.

defaults, and

mistake, &c,

shall remain discharged, notwithstanding the entry of any such appeal or complaint as aforesaid.

SEC. 7. Be it further enacted, That every Circuit Court C. C. Pleas as of Common Pleas within this State be, and they are hereby to appeals from Justices' vested with the same powers respecting appeals made from judgments rendered by Justices of the Peace, and comjudgments by plaints for not entering the same; and also respecting all actions and suits before Justices of .the Peace wherein the damage laid does not exceed twenty dollars, and wherein the defendant has been defaulted for want of actual notice of the suit, or by some other accident or mistake, with which the Justices of the Supreme Judicial Court are by this Act vested, respecting appeals from judgments rendered by Circuit Courts of Common Pleas, and complaints for not entering the same, and respecting the granting reviews in the certain other actions or suits before mentioned, wherein the defendant has been defaulted, or lost his law.

When a per

son, whose claim against an insolvent estate has

been rejected by commissioners, and

who by mis

take, &c. has

omitted or

mon law,

any

SEC. 8. Be it further enacted, That in all cases in which any person shall have presented any claim for allowance to Board of Commissioners which may have been appointed by any Judge of Probate, to receive and examine the claims against the estate of any deceased person, which may have been represented insolvent, and such claim shall have been rejected by such commissioners, and a return of may omit to their doings made to the Judge of Probate, and the claimgive notice of his intention ant, who has or may prefer such claim for allowance has by to sue at com accident, mistake or otherwise, omitted to give notice, or shall hereafter omit to give notice at the Probate Office, within twenty days after the making of such return of the commissioners, that it is his or her intention to have such the Supreme claim determined at common law, the Supreme Judicial Judicial Court Court, at any session thereof, holden in any county, upon such claimant's presenting a petition for relief, and making it to tute a suit, &c. appear that he or she has reasonable grounds for expecting to support his or her claim, and that he or she has not lost his or right to institute a suit against the executor or administrator of such estate, and have such claim determined at common law, by his or her negligence, is hereby authorized and empowered after due notice to the adverse party, to grant such claimant a right to institute a suit for the recov

on petition

may grant a

right to insti

on had, in

cation must

&c.

estate, not to

be disturbed,

by after judg

ery of such claim against the executor or administrator of such insolvent estate, at the next Circuit Court of Common Pleas, to be holden in the county in which such executor or Proceedings administrator dwells; and the same proceedings shall be had to be thereup in such suit, as are by law provided in suits instituted by such case. claimants for the recovery of claims against insolvent estates, which have been rejected by the commissioners appointed to receive and examine the claims against such es- Provisotates: Provided however, That no such petition shall be sus- Such applitained unless the same shall be presented within two years be made with from the return of the report of such commissioners to the in two years, Judge of Probate and that the distribution of any insolvent estate which may have been made previously to the present- distribution of Any previous ing of such petition and notice thereof to the executor or administrator of such estate, shall not be disturbed by the judg ment which may be recovered in any such suit; nor shall the right to institute any such suit be granted to any claim- to be granted after the lapse ant after four years shall have elapsed, from the time of of 4 years from granting administration on such estate. SEC. 9. Be it further enacted, That in all such cases Sup. J. Court where any married man shall have absented himself from may license a married WOthis State abandoning his wife, and not making sufficient man, whose provision for her support or maintenance, the Justices of the abandoned Supreme Judicial Court are hereby authorized at any of her, to sell any the terms of the said Court, upon the application of any such wife, to empower and enable her during the absence of her husband from this State, and no longer, in her own name, to make and execute any contract either under seal or otherwise, and by deed to sell and convey any estate real or personal, of which at the time of such sale, she shall be

such

ment.

No such relief

grant of administration.

husband has

of her real or

personal estate during his ab sence;

seized or possessed in her own right; and to commence, and to pros prosecute and defend any suit in law or equity to final judg- ecute and dement and execution, in the same manner as if she was sole a feme sole, and unmarried; or the said Justices may grant to any &c. wife any or all the powers above described according as they shall judge the circumstances of such wife shall require.

If husband re. contracts of

SEC. 10. Be it further enacted, That if any such husband turn while should return into this State while any contract made by his wife are in his wife, pursuant to the powers aforesaid should remain un- liable thereon.

force, he to be

No suit where the wife is a

discharged, the same remedy shall lie against such husband, as if the contract had been made by her before the marparty, in such riage; and no suit pending, where his wife shall be a party, by his return. pursuant to the said powers, shall abate by his return into this State.

case, to abate

Court to give

notice, &c.

before grant

ers to wife,

SEC. 11. Be it further enacted, That when application shall be made by any wife for any or all of the powers ing such pow- aforesaid the Justices of the said Court, shall previous to their granting any of the powers aforesaid, cause such pubas in cases of lic notice of the said application to be given as by law they are directed in case of any libel filed by any married woman for a divorce.

libel for di

vorce.

[Approved March 15, 1821.]

-00

Persons acquitted on tri

Court, on

sanity, &c.

CHAPTER LVIII.

An Act extending the powers of the Justices of the Supreme Judicial Court, in

certain cases.

SEC. 1. BE it enacted by the Senate and House of Represenal in Sup. Jud. tatives, in Legislature assembled, That whenever any perground of In- son who may have been arrested and in custody, or in prismay be com- on, to answer for any crime or crimes, offence or offences, mitted to prison until re- before the Supreme Judicial Court, shall be acquitted therestored to rea of by the Jury of trials; or shall not be indicted by the

son, &c.

At whose expense.

If no indict

ment is found

Grand Jury, by reason of the insanity or mental derangement of such person, and the discharge, or going at large of such person shall be deemed by the same Court to be dangerous to the safety of the citizens, or to the peace of the State, the said Court be, and hereby is authorized and empowered to commit such person to prison, there to be detained till he or she be restored to his or her right mind, or otherwise delivered by due course of law. And every person so committed shall be kept at his or her own expense, if he or she have estate sufficient for that purpose; other wise at the charge of the person or town, upon whom his or her maintenance would have been legally chargeable, if he or she had not been committed as aforesaid.

SEC. 2. Be it further enacted, That whenever the Grand by Grand Jury, Jury, upon any inquiry which they may hereafter make as

nor conviction

by Traverse

cause, they

to the commission of any crime or offence by any person, shall omit to find a bill for the cause aforesaid, it shall be Jury for such the duty of such Jury to certify the same to the said Court. shall so certify And whenever the Jury of trials, upon the general issue of to the Court. not guilty, shall acquit any person for the cause aforesaid,

it shall be the duty of such Jury, in giving in their verdict of not guilty, to state that it was for such cause.

S. J. Court, or

quorum

unus

SEC. 3. Be it further enacted, That any one of the Jus- A Judge of the tices of the Supreme Judicial Court, or any two Justices of two Justices the Peace, quorum unus, within their county, may discharge may discharge from confinement any such when it shall be made a person person, convicted, to appear to his or their satisfaction, that the going at large when it may of such person will not be dangerous to the safety of the citizens and to the peace of the State.

be done safely.

any one of the Justices quo

friends of a lu

commit him to

on bond being

SEC. 4. Be it further enacted, That upon the application S. J. Court, or of any friend or friends of such lunatic person, the Supreme Judges, or two Judicial Court, or any one of the Justices thereof, or any rum unus, on two Justices of the Peace, quorum unus, of the county in application of which such person may have been in prison, as aforesaid, natic may be and are hereby authorized and empowered to commit to the custody of the custody and safe keeping of such friend or friends, such such friendlunatic person: Provided however, That such applicant or given, &c. applicants shall first give bonds, with sufficient surety or sureties, to the Judge of Probate for the county in which such lunatic is confined, conditioned for the safe keeping of such lunatic person, and for the payment of all damages which any person may sustain, by reason of the acts and doings of such lunatic; which bond shall be approved by the Court, Justice or Justices aforesaid, and may be put in suit for the benefit of persons interested, in like manner as is by law provided in case of probate bonds: Provided, That nothing in this Act contained, shall deprive any person of the benefit of the writ of habeas corpus.

[Approved March 17, 1821.]