arise on cove the 4 years, may be en prosecuted or SEC. 28. Be it further enacted, That where demands against When demands the estate of any person deceased, arise by virtue of any cov- nant, &c. after enant, contract or agreement that could not be claimed until expiration of after the said term of four years, the claimant in such case, they against unless he shall have filed the same in the Probate Court, as the heirs, if aforesaid, may have his remedy against those who inherit the claimed within estate of such person, or devisees thereof, against whom the one year. 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 Proviso as to operate to bar any action that may be commenced against an actions by des visees, legateer, executor or administrator with the will annexed, for the re- &c. covery 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,] :0: CHAPTER LIII. An Act to prevent Frauds and Perjury. of promises, writing. SEC. 1. BE it enacted by the Senate and House of Representa- Enumeration tives, in Legislature assembled, That no action shall be brought void if not in 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, to have no th feet than leases or will. estates at SEC. 2. Be it further enacted, That all leases, estates, interests of freehold, or terms of years, or any uncertain interests of, in or out of, any messuages, lands, tenements or heredita- er force or ef ments, made or created by livery and seizin only, or by parole, and not put in writing, and signed by the parties so making and 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 ef fect; any consideration for making any such parole leases or estates notwithstanding. And no leases, estates or interests, tates, &c. shall No leases, es be assigned, granted or sur- either of freehold or term of 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, signed by the unless it be by deed or note in writing, signed by the party party, &c. No contract for 30 dollars or more good, un in so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law. SEC. 3. Be it further enacted, That no contract for the sale sale of goods of any goods, wares, or merchandize, for the price of thirty for the price of dollars or more, shall be allowed to be good, except the Tess writing purchaser shall accept part of the goods so sold, and actually or partly exe receive the same, or give something in earnest to 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. cuted. Court establish ed. Jurisdiction, &.c. [Approved March 8, 1821.] -00 CHAPTER LIV. An Act establishing a Supreme Judicial Court within this State, SEC. 1. BE it enacted by the Senate and House of Representa tives, in Legislature assembled, That there shall be 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 between party and party, and between the State and any of 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 judg ment, 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 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 Gourt 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. before them. And adminis Be it further enacted, That the same Supreme Ju- May order the dicial Court, may by certiorari or other legal methods, cause inferior courts proceedings of to be brought before them, as well indictments or other crimin- to be brought al prosecutions or civil proceedings pending in, as the records of sentences, orders, decrees, and judgments of any Court of inferior, criminal or civil jurisdiction, and to proceed, order and award thereon, as is or shall be by law provided and directed. And the said Supreme Judicial Court is empowered to impose and administer all oaths, as well those that are ter oaths. necessary for promoting justice between party and party as those necessary to the conviction and punishment of offenders; and to punish at the reasonable discretion of the Court, all contempts committed against the authority of the same; and the said Court shall have power 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. And punish for contempts. Justice. SEC. 3. Be it further enacted, That all writs and processes Process to bear of the same Court, shall be in the name of the State of Maine, test of the first bear test of the first Justice, who is not a party to the suit, and shall be under the seal of the same Court and signed by the Clerk. May make rules for the admis nies, &c. SEC. 4. Be it further enacted, That the same Supreme Jusion of attor dicial Court, shall and may, from time to time, make, record, 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. Terms of the year 1820, And after. SEC. 5. Be it further enacted, That the Supreme Judicial Court for the Court shall be holden at York, in and for the county of 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 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 and for the county of Cumberland, on the first Tuesday of May; and on the fourth Tuesday next following the third Tuesday of October; at Wiscasset, in and for the county of Lincoln, on the third Tuesday of May; and on the third Tuesday of October; at Augusta, in and for the county of Kennebec, on the fourth Tuesday of May; and on the third Tuesday of September ; at Norridgewock, in and for the county of Somerset, on the first Tuesday of June; at Castine, in and for the county of Hancock, on the second Tuesday of June; and on the second Tuesday of October; at Machias, in and for the county of Washington, on the third Tuesday of June; at Paris, in and for the county of Oxford, on the second Tuesday of September; and at Bangor, in and for the county of Penobscot, on the first Tuesday of October. Provided nevertheless, That the Tuesday of the month, in which said Courts are respect ively to be holden, at the said several times and places, may in all judicial proceedings, from time to time, be expressed and designated by such Tuesday of the month as will be the Tuesday on which the said Court is to be holden, pursuant to the foregoing arrangements. Proviso. Actions now pending. SEC. 6. Be it further enacted, That all actions and civil suits of every name and kind, which may be pending in the Supreme Judicial Court for the counties of Cumberland and Oxford; or for the counties of Kennebec and Somerset ; or for the counties of Hancock, Washington and Penobscot, on the first day of April next; which shall have been originally com menced in the Courts of Common Pleas for the counties of Oxford, Somerset, Washington or Penobscot respectively; all petitions in which the petitioner may be an inhabitant of either of said counties, and all indictments against any person or persons for offences committed within either of said counties, shall be transferred and removed to, entered, heard, tried, and proceeded upon, at the Supreme Judicial Court, then next to be holden within the said counties of Oxford, Somerset, Washington and Penobscot respectively, within which the said actions originated and were commenced, the said petitioners reside, and the said offences may have been committed; and all the papers and documents, belonging to all such actions, suits, petitions and indictments, shall be delivered over to the Clerks of the said counties of Oxford, Somerset, Washington and Penobscot respectively. And all appeals which may be made from any Court of Common Pleas, and all recognizances which may be taken, and all offences which may be committed within either of the said counties of Oxford, Somerset, Washington and Penobscot, after the first day of the terms of the Supreme Judicial Court, to be holden prior to the first day of May next, for the counties of Cumberland and Oxford, and for the counties of Kennebec and Somerset, and for the counties of Hancock, Washington and Penobscot respectively, shall be entered, heard, tried, prosecuted and proceeded upon, at the Supreme Judicial Court then next to be holden within and for the said counties respectively, where the appeals may be made, the recognizances may be taken, and the offences may be committed. adjourn the SEC. 7. Be it further enacted, That whenever by sickness, One Judge may accident, or any unforeseen cause, the number of Justices re- court. quired to hold Courts, as is herein before provided, do not attend on the day appointed for opening a Court, any one of said Justices may adjourn the Court, from day to day, until a sufficient number of said Justices do attend; and when from sickness, accident, or any unforeseen cause, neither of the said Justices shall attend on the day appointed for opening a Court, the Sheriffs of the several counties respectively, shall have power to adjourn the Court from day to day, until a Justice shall attend. any to be entered in certain cases. SEC. 8. Be it further enacted, That when at any term of Judgment how the Supreme Judicial Court holden or to be holden in county, any actions shall have been continued nisi for advisement by the Court, or for argument by consent of parties, and the Justices of said Court shall have determined the same before the next term of said Court holden in the same county, it shall be lawful to enter judgment upon said actions as of the last term of said Court, at which said actions shall have been continued, or at the succeeding term. And when, ever the Clerk of said Court in any county shall enter a |