real estate when for their benefit. shall fully appear to the justices of the Supreme Judicial Court, by the petition and representation of the guardians of persons given to excessive drinking, idleness, gambling, or debauche- Whole of ry, that it would be for the benefit of such persons that their spendthrifts' real estate should be disposed of, and the proceeds thereof may be sold, be put out and secured to them on interest, the said justices, 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 registry of deeds for the county where such real estate may be situated; provided such person or persons first give bond, with sufficient sureties, to the Judge of Probate for the same county, to observe the rules and directions of law in the sale of real estates by executors and administrators: Provided, that no such license shall be granted unless the certificate of the overseers of the poor, now by law required to be produced, shall also contain their prove of the approbation of such sale; or if in their opinion it is necessary that only a part of such estate should be sold, they shall certify what part. [Feb. 9, 1827.] Persons empowered to sell, to give bond. Overseers of poor to ap sale. An ACT to incorporate the First Presbyterian Society in Millbury. Chap. 65. [Feb. 10, 1827.] An ACT to incorporate the Proprietors of the Nantucket Lyceum. Chap. 66. [Feb. 12, 1827.] An Act to incorporate the First Independent Universalist Society in Chap. 67. Springfield. [Feb. 13, 1827.] An Act to incorporate the Proprietors of the Exchange Coffee House. Chap. 68. [Feb. 13, 1827.] An Act in addition to an Act, entitled "An Act in addition to an Act, to incorporate the President, Directors, and Company of the Asiatic Bank, in Salem." [Feb. 13, 1827.] Chap. 69. 1924 ch. 40. An Act to prevent unnecessary delay and expense in the Prosecution Chap. 70. of Real Actions. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authoReal action rity of the same, That in all suits, and actions, for the recovenot to abate by ry of lands, tenements, or hereditaments, now pending, or death, marwhich may hereafter be commenced, the writ or suit shall not riage, &c. of be abated, by the death, or by the marriage, or other disability of the demandant, but if a sole demandant die, or be disabled to prosecute the suit, his, or her heir, or such other Heir to pro demandant. secute. If one of two or more de mandants die, &c. his heir, or other person interested, may prosecute jointly with the others. If heirs, &c. person, as would, in case the action were abated, be entitled to commence the like action either alone, or jointly with the former demandant, may on motion be permitted to prosecute the suit accordingly. And if one or more of several demandants die, or be disabled as aforesaid, the heir or other person. interested as aforesaid, may on motion be permitted to prosecute the suit jointly with the other demandants, and if in the latter case, there shall be no motion to be admitted as aforesaid, at the term next after the happening of such death, or disability, or within such further time as the court shall order, then the other demandant or demandants shall be allowed to prosecute the suits for so much, or such part of the do not come in, premises as may then belong to them; and the heir or other mandants may person, so admitted to prosecute, shall be entitled and subproceed for their portions. ject to costs, as if they had been original parties to such suit. SECT. 2. Be it further enacted, That when there are two or more tenants, in any action brought, or which may be cuted against brought for the purpose above mentioned, and one or more of them shall die, after the commencement of the suit, the same may be prosecuted against the surviving tenant or tenants, if there be any, for so much or such part of the premises, as they then hold or claim; and in all the cases aforeAmendments. said, the court shall allow such amendments of the declarations and other pleadings, and such suggestions on the record as the case may require. the other de Real action may be prose surviving tenants for so much as they claim. SECT. 3. Be it further enacted, That the like proceedings So in petitions shall be had in all petitions for partition of lands, tenements, for partition. Chap. 71. Chap. 72. 1821 ch. 100. Chap. 73. 1819 ch. 116. Chap. 74. 1822 ch. 27. or hereditaments, in case of the death of the petitioner, or An Act to incorporate the First Methodist Episcopal Church in New An Act in addition to “An Act to incorporate the President, Directors, and Company of the City Bank." [Feb. 19, 1827.] An ACT in addition to an Act, entitled “An Act to incorporate the Trustees of the Methodist Religious Society in Charlestown." [Feb. 19, 1827.] An Act in addition to " An Act to incorporate the Blackstone Canal An Act in addition to an Act, entitled "An Act in furtherance of Good Chap. 75. Discipline in the Colleges of this Commonwealth," passed June 19, 1819 ch. 37. 1819. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the provisions of the said act, to which this is in addition, shall be extended and be applicable to Amherst College, and the discipline thereof, as fully to all intents and purposes, as the same would or might have been applied if the said college had been incorporated previously to the passing of the act to which this is in addition. [Feb. 20, 1827.] Former act ex tended to Am herst College. An Act to unite the Watertown and Brighton Fisheries in Charles Chap. 76. River, and for the regulation and management thereof. [Feb. 21, 1827.] An Act in addition to the several Acts regulating Parishes and Pre- Chap. 77. cincts, and the officers thereof. 1786 ch. 10, be collector of taxes-and may issue war rant of distress SECT. 1. BE it enacted by the Senate and House of Re- &c. presentatives, in General Court assembled, and by the authority of the same, That from and after the passing of this act, it may be lawful for the inhabitants of any parish or precinct within this Commonwealth, at their meeting in the month of March or April, annually, to appoint their treasurer a collect- Treasurer may or of taxes in their said parish or precinct. And the said collector, so appointed, shall be and hereby is empowered to issue his warrant to the sheriff of the county or his deputy, to sheriff or or to any constable of the town or towns within which the constable. said parish or precinct may be situated, directing them to distrain the person or property of any person or persons, who may be delinquent in the payment of his or her taxes after the expiration of the time fixed for the payment thereof, by any vote of such parish or precinct, subject to the same provisions and restrictions, as are now in force, regulating the collection of town, state and county taxes by the collectors of the several towns in this Commonwealth. be authorized to abate SECT. 2. Be it further enacted, That the several parishes and precincts in this Commonwealth may authorize and empower their treasurer and collector to make an abatement of Collector may such sum as said parish or precinct may agree upon at their annual meeting, to all those who make voluntary payment of their taxes in the manner prescribed in the second section of an act providing for the collection of taxes, passed on the fifteenth day of February, in the year of our Lord one thou- 1815 ch. 130. sand eight hundred and sixteen. [Feb. 21, 1827.] Chap. 78. 1812 ch. 102. Chap. 79. Chap. 80. An Act to repeal an Act, entitled "An Act to repeal part of an Act, entitled an Act to regulate Town Meetings in the town of Danvers." [Feb. 21, 1827.] An Act to incorporate the Methodist Episcopal Society in the town of An ACT to incorporate the Trustees of the First Baptist Ministerial Chap. 81. An ACT to preserve and secure from damage Marshfield Beach, and the Meadows thereto adjoining. [Feb. 21, 1827.] Chap. 82. Chap. 83. An ACT to authorize the erection of a Dam, across Saggamore Creek. [Feb. 23, 1827.] An Act to incorporate the Mutual Fire Assurance Company of Springfield, and the vicinity. [Feb. 23, 1827.] Chap. 84. An Act to incorporate the Saxonville Parish in the town of FramingFeb. 23, 1827.] Chap. 85. Chap. 86. 1797 ch. 35. 1817 ch. 181. 1824 ch. 91. Depositions taken in suits that are dis continued, &c. to be used in subsequent suits on the same cause of action. ham. An Act to prevent the taking of Fish by seines or nets in Congamon An Act in addition to the several Acts concerning Depositions. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That when the plaintiff or plaintiffs in any suit, which now is, or hereafter may be commenced in any court of this Commonwealth, shall discontinue said suit, or become nousuit therein, and another suit shall afterwards be commenced in any of the said courts, on the same cause of action, between the same parties, or their legal representatives, all depositions duly taken according to law to be used in the suit, so nonsuited or discontinued, and which could have been legally used in the trial thereof, may be used in such new suit or action, as if they had been taken specially therefor Provided, that at the time of the nonsuit or discontinuance of such first mentioned suit, the said depositions had been duly filed in court, and there remained in the cusfile-and the tody of the clerk of the court, where such suit was originally commenced, until the commencement of the new suit aforesaid, and provided further that the cause of taking said depositions shall continue to exist, at the time they are to be used in the trial of such new suit, or there shall be at that time good cause for taking such depositions. Proviso, that they had been duly filed, and remained on cause for taking them continues to exist. SECT. 2. Be it further enacted, That any deposition in per See 16 Mass. petual remembrance of a thing, taken during the pending of Depositions in any action, may be used as evidence in such action, in the perpetuamsame manner as if the said deposition had been taken before Rep. 393. the commencement of the said action. moned to depose, liable to same process for neglect, as witness if summoned to court. SECT. 3. Be it further enacted, That if any deponent hav- Persons suming been summoned in the manner provided in the fourth section of the act, entitled " An Act prescribing the mode of taking depositions, and administering oaths and affirmations," passed February 3, 1798, to give evidence in any cause pending in any court of any other state or government, or in per- 1797 ch. 35. petual remembrance of a thing, and having had tendered to him the fees therein mentioned, shall neglect to appear at the time and place appointed in the summons, such deponent shall be subject to like actions and forfeitures and capias, as are provided by law, where witnesses are summoned to court and do not appear. persons who disobey suin mons SECT. 4. Be it further enacted, That when any person, who shall have been duly summoned to appear before any Capias may issue against justice or justices of the peace within this Commonwealth, to give any deposition which such justice or justices may be authorized by law to take, the legal fees of such person having been duly tendered, shall refuse or neglect to obey such summons, it shall be lawful for such justice or justices to issue a capias against such person, compelling him or her to attend. for the purpose aforesaid, in the same manner as justices of the peace are by law authorized to do in cases pending before them; and if such person shall unreasonably refuse to and if they reanswer interrogatories, the justice or justices, before whom fuse to answer he may have been so summoned to appear, may commit him they may be to the gaol of the county in which said justice or justices may reside, there to remain until he shall answer such interrogatories, or be discharged by due order of law. SECT. 5. Be it further enacted, That all justices of the peace, within this Commonwealth, be, and they hereby are authorized and empowered, to issue subpoenas to persons to appear and testify in any case pending, or which may hereafter be pending, in any court of probate within this Commonwealth, in the same manner as they are now authorized by law, to issue subpoenas to persons to attend and testify, in any of the cases for which provision is made by the laws now in force. [Feb. 23, 1827.] interrogatories, committed. Justices may to persons to give evidence issue subpoenas in probate courts. An Act to provide for the payment to the County of Worcester for the Chap. 87. use of their House of Correction. [Feb. 23, 1827.] |