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tion is returned

tee not exposing

Plaintiff may

sne scire facias against trustees

be on such

facias,

appears.

SEC. 9. Be it further enacted, That when any execution, When execuissued as aforesaid, shall be returned not fully satisfied, by unsatisfied.trus reason of the trustee not discovering and exposing sufficient sufficient goods, goods, effects and credits of the principal, or by reason of &c. the officer's not finding sufficient goods and estate of the principal, to the acceptance of the plaintiff, to satisfy the same, the plaintiff may sue out against the trustees named in such writ of execution, or against any one or more of them, jointly or severally, a writ or writs of scire facias, in due form of law, requiring the defendants in such writs of scire facias named, to show cause why judgment for the sums remaining unsatisfied, should not be rendered against them; and if any one or more of the defendants, in such writs of scire facias To be duly named, the same being returned duly served, shall come into served. Court and declare, that he had not at the time of the service of the original writ upon him, any goods, effects or credits of the principal in his hands, or possession, and thereupon submit to an examination, upon oath; and if, upon such exam- Proceedings to ination the supposed trustee shall appear not to be chargea-rech ble, the Court shall render judgment against him, if resident when trustee in the county where the original process was returnable, as the case may be, for costs only: and if not resident in such county, then the supposed trustee, so discharged, shall have costs; but if, upon such examination, it shall appear to the Court that the said trustees, or any one or more of them, had goods, effects or credits of the principal in his or their hands, at the time of serving the original writ as aforesaid, other than such as he or they have discovered and exposed to be taken to satisfy the execution on the first judgment, then the Court shall enter up judgment against him or them to the amount of the sums returned unsatisfied upon the said execution, if there shall appear, upon such examination to have been goods, effects or credits to that amount in his or their hands, not discovered and exposed as aforesaid; but if not, then the Court shall enter up judgment against him or them to the amount of the said goods, effects or credits in his or their hands, not discovered and exposed, as aforesaid: Provided nevertheless, That where any trustee has come into Court, upon the original where trustee process, and been examined upon oath, as aforesaid; and upon ined on originsuch examination, it has appeared to the Court, that such a process, judg trustee had goods, effects or credits of the principal, in his rendered on hands, at the time of serving such original writ, such trustee tion. shall not be again examined upon the scire facias, but judg ment shall be rendered upon his examination had as aforesaid. SEC. 10. Be it further enacted, That if any trustee, upon Proceedings on whom the writ of scire facias shall be served, shall not ap-han pear, but shall be defaulted, he having never been examined is defanded. not upon oath under the original process, he shall be deemed and cd, &c. on the taken to have had in his hands and possession, at the time ol' the service of the original writ, goods, effects and credits of

Proviso

has been exam

ment shall be

that examina

scire facias

having appear

original proces

Court may en

ter up joint or

several judge

the principal, to the amount of the judgment rendered against him, and judgment shall be rendered against the trustee accordingly. And where there shall be more than one defendant, in any such writ of scire facias, the Court may enter up joint or several judgments, according to the circumstances of the case; and upon all judgments rendered upon such writs of scire facias, execution shall issue in common form against the goods and estate, and for want thereof, against the bodies of tion to issue in such person or persons against whom judgment shall be so rendered.

ments;

and in judg

ments on scire

facias execu

common form.

Goods, &c. so taken from trustee shall discharge him

same.

SEC. 11. Be it further enacted, That goods, effects and credits of any person so taken as aforesaid, by process of from the prin- law, out of the hands of his trustee, shall forever acquit and cipal as to the discharge such trustee from and against all suits, damages and demands whatever, to be commenced or claimed by his principal, his executors or administrators of and for the same and if any trustee shall be sued on account of any Issue in suits thing by him done pursuant to this Act, he may plead the general issue and give this Act in evidence.

Trustee may

plead general

against him.

Punishment of

trustee for wil

ing.

Liability of

SEC. 12. Be it further enacted, That any person summoned ful false swear- as a trustee, as aforesaid, who shall upon his examination, had as aforesaid, knowingly and wilfully, answer falsely, shall upon conviction thereof in the Supreme Judicial Court, be adjudged to be guilty of perjury, and be liable and subject to all the pains, penalties, forfeitures and disabilities thereto by law incident; and shall also out of his own proper estate, be liable and subjected to pay to the plaintiff in the action, his executors or administrators, the full amount of such judgment as he, they or any of them may have recovered against the principal, in case the same be unsatisfied; otherwise, such part thereof as may remain unsatisfied, together with the legal interest thereof, and double costs of suit, to be recovered in a special action on the case,

pay out of his

such trustee to own estate the plaintiff's de principal and

amount of

mand against

double costs.

Where by dis

Tee is bound to

principal pe

a future day,

ficer to satisfy

SEC. 13. Be it further enacted, That in every case where closure it ap- it shall appear, by the answer of the trustee, that he was, at pears that trus the time of the service of the summons on him holden or deliver to the bound to deliver to the principal at a future day, any specific articles, at cific article or articles whatsoever, such trustee shall be and he may deliver hereby is authorized and permitted on demand made by the same to the of officer having any execution in his hands, issued upon any the execution judgment, recovered by virtue of this Act, to deliver to him such specific, article or articles, or so much thereof as may be necessary to satisfy such execution, with the legal fees thereon; the value of such article or articles, as between the principal articles how to and trustee to be estimated and ascertained by 'the appraisal of three disinterested and discreet men, one to be chosen by the trustee, one by the officer, and one by the principal, if he see cause; or if he neglect or refuse, then the officer shall appoint two of the said appraisers, who shall all be sworn be fore a Justice of the Peace in and for the county where such

part.

Value of such

he ascertained.

of special agree

article or articles are to be delivered, faithfully and impartially to appraise the same: and the said Justice and appraisers shall make, on such execution, a certificate of their respective doings: Provided however, That in all cases where Provise-in case by the terms of the contract between the principal and trus- ment as to tee, any mode is pointed out for ascertaining the value of such value. specific articles, the principal and trustee, or either of them may have their value thus ascertained and estimated and in officer to sell either case, the officer shall proceed to sell such articles and the same as in conduct in the sale thereof as in other cases of sales of person

other cases.

property on execution, as is already by law provided; the overplus monies, after satisfying the execution and his fees, he shall pay over to the principal, if within the precinct of the officer, otherwise to the trustee. And in all cases where a where part only is sold trustee part only of such specific articles shall be taken in execu- may deliver res tion, as aforesaid, the trustee is hereby authorized to deliver due to princithe residue to the principal, or make tender thereof within thirty days after such execution shall have been satisfied, in the same manner as by law he might otherwise have delivered the whole.

pal.

before examina

tor or adminis

or be com

pear and an

mon cases.

SEC. 14. Be it further enacted, That whenever any person If trustee die who shall be summoned as a trustee as aforesaid, shall die tion, bis exccubefore he may have been examined as aforesaid, his ex-trator may apecutors or administrators may appear; or if the plaintiff per voluntari. think proper, be compelled to appear and make answer pelled to apto the suit, in the same way and manner executors and ad- swer as in comministrators are allowed or compellable to appear and answer to suits and actions in other cases. And in case of the if trustee die death of any trustee, after his examination, and previous to after examina the rendering of final judgment against the principal, the ex-final judgment ecutors and administrators of such deceased trustee shall be pal-executor liable and answerable to perform whatever such trustee, by or answerable, his answer, would have been liable to do and perform, in case

he had lived.

tion and before

against princi

or administra

&c.

ble as trustees

en, endorsed,

SEC. 15. Be it further enacted, That no person shall be No persons liaconsidered or adjudged to be a trustee, within the intent and by having giumeaning of this Act, by reason, or on account of his having &c. negotiable made, given, endorsed, negociated or accepted any negocia securities. ble security whatever.

the benefit sf

charging the

un, (if cominit

SEC. 16. Be it further enacted, That whenever any judg- Judgment cred ment creditor shall discover goods, effects or credits of his tors may have debtor, that are not attachable by the common and ordinary this Aer-dis process of law, he shall be entitled to the process provided in principal's this Act; and upon the agent, factor or trustees being sum- bady from prismoned in the manner this Act directs, all the money, goods, ed.) within effects and credits in his hands shall be secured to respond note in writing. the judgment that may be given thereon, and he shall answer thereunto, at the first term, in case his principal has personal or other sufficient and legal notice of the suit, fourteen days before the Court's sitting: Provided always, That upon a judg

seven days, by

ment creditor's pursuing such remedy to recover his debt, he shall, within seven days after the same process on the supposed agent is served, discharge the body of the debtor, (in case he is taken in execution upon the same judgment,) by a note or memorandum, in writing, directed and delivered to the officer who has him in custody, stating the reason and ocSuch discharge Casion of the discharge of the person of the debtor; and such to injure a discharge shall not annul, or in any manner injure the original judgment: but in case the judgment creditor shall not Process to abate, within the seven days discharge the person of the debtor, in ed within seven manner aforesaid, the process commenced as aforesaid, shall abate, and the debtor shall recover treble costs.

not

original judg

ment.

unless discharg

days.

Limitation of writ of right

to 30 years.

[Approved February 28, 1821.]

-:00:

CHAPTER LXII.

An Act for the Limitation of Actions Real and Personal, and of Writs of

Error.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That after the fifteenth day of March, which will be in the year of our Lord one thousand eight hundred and twenty-five, no person shall sue or maintain any writ of right, or make any prescription, title or claim, to any lands, tenements or hereditaments, or to any rents, annuities, or portions issuing therefrom, upon the possession or seizin of his or their ancestor or predecessor, beyond the term of thirty years, next before the test of the same writ. SEC. 2. Be it further enacted, That after the fifteenth day of our Lord one thousand year tions limited to of March, which will be in the eight hundred and twenty-five, no person shall sue, have or maintain any writ of entry, upon disseizin done to any of his ancestors or predecessors, on any action possessory, upon the possession of any of his ancestors or predecessors, for any lands, tenements or hereditaments, unless the ancestor or predecessor, under whom the demandants shall claim, shall have been seized or possessed of the lands, tenements or hereditaments demanded, within twenty-five years next before the test of the same writ or bringing such action.

Ancestral or possessory ac

25 years.

Of action on derpandant's en izin, 20 years.

Formedons and

SEC. 3. Be it further enacted, That after the fifteenth day year of our Lord one thousand of March, which will be in the eight hundred and twenty-five, no person or body corporate or politic, shall sue for, have or maintain any action for any lands, tenements or hereditaments, upon his or their own seizin or possession above twenty years next before the test of the same writ.

SEC. 4. Be it further enacted, That all writs of formedon in right of entry. descender, formedon in remainder, or formedon in reverter, of any lands, tenements or hereditaments whatsoever, hereafter to be sued or brought, shall be commenced within twenty years.

next after the title or cause of action first descended, and at no time after the said twenty years. And no person, unless by judgment of law, shall at any time hereafter, make any entry into any lands, tenements or hereditaments, but within twenty years next after his right or title, first descended or accrued to the same, and in default thereof, such person so not entering, and his heirs, shall be utterly excluded and disabled from making such entry thereunto: Provided always, Proviso in faThat when any person that is or shall be entitled to any of the vor of femes writs of formedon aforesaid, or to make any entry into lands, &c. tenements or hereditaments, shall at the time the said right or title first descended, accrued or fell, be within the age of twenty-one years, feme covert, non compos, imprisoned or beyond seas, or without the limits of the United States, that then such person shall and may bring such suit or make such entry at any time within ten years after the expiration of the said twenty years aforesaid, and not afterwards.

covert, infants,

lands. the ten

possession more

may recover of

value

SEC. 5. Be it further enacted, That if any person shall in certain cases make such entry into any lands, tenements or hereditaments, of entry into which the tenant or those under whom he claims, have had in ant, having had actual possession for the term of six years or more before than 6 years. such entry, and withhold from such tenant the possession the person enthereof, such tenant shall have right to recover of him so en-ring the v tering, in an action for money laid out and expended, the ments, &c. increased value of the premises, by virtue of the buildings and improvements made by such tenant or those under whom he claims; such right and value to be ascertained by the same principles as regulate such right and value under the Act for the settlement of certain equitable claims arising in real actions: Provided, Such entry so made by the proprietor or owner, shall have been made while the tenant was in actual possession of the premises and against his consent.

which will bar

demandant.

SEC. 6. Be it further enacted, That in any writ or action Nature of the which has been or may be hereafter brought for the recovery Decupancy of of any lands, tenements or hereditaments, it shall not be ne- the tenant cessary for limiting the demandant and barring his right of re- the action of covery, that the premises defended shall have been surrounded by fences or rendered inaccessible by other obstructions, but it shall be sufficient if the possession, occupancy and improvement thereof by the defendant or those under whom he claims, shall have been open, notorious and exclusive, comporting with the ordinary management of similar estates in the possession and occupancy of those who have title thereunto, or satisfactorily indicative of such exercise of ownership as is usual in the improvement of a farm by its owner; and no part of the premises demanded and defended shall be excluded from the operation of the aforesaid limitation, because such part may be woodland or without cultivation.

SEC. 7. Be it further enacted, That all actions of trespass Limitation of quare clausum fregit, all actions of trespass, detinue, trover or ins.

personal ac

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