160

Equity, as to Depreciation.

Bills of Credit, at the several Times therein expreffed, which is agreeable to the Scale adopted by Congress.

Contracts

made on or

before March 18th, 1780, how difcharged.

Preamble.

3. And be it further enacted, That all Contracts made on or be fore the 18th Day of March, 1780, may be difcharged by paying the juft Value of the Currency contracted for, as afcertained by this Act, in Silver or Gold, or in Bills of Credit of the United States at the current Exchange at the Time of Payment. And that the aforefaid Scale be the Rule in all Courts of Law, and in the Committee of Pay-Table, for fettling the Rate of Depreciation, in all Contracts as aforefaid.

4. And whereas the Bills of Credit of thefe United States, emitted by Order of Congrefs, have greatly depreciated in their Value, occafioned by fome unforefeen Events taking Place. And whereas fundry Debtors have endeavored to difcharge their juft Debts by tendering & Sum in the Bills aforefaid in their depreciated State, of lefs Value than the Value of the Sum in which they became indebted, which has been refufed by the Creditor; by Reafon whereof great Difputes have arifen, and the one Party or the other liable to fuffer Injuftice by a frict Conftruction of the Laws of this State relative thereto : Therefore, pursuant to a Refolve of thefe United States, paffed in Congress on the twentieth of March, 1780;

Be it further enacted, That in all Actions brought before any of the Superior or County Courts in this State (either by original Writ, Appeal, or Writ of Error) for the Recovery of any Debt due by Bond, Note, or Book Account, contracted before or on the

debts contract

---to be deter

feventh Day of January, 1780, and where the Defendant in fuch Actions bro't Action has, between the firft Day of September, 1777, and the for recovery of 18th Day of March, 1786, made a Tendry of a Sum in Continen- ed on or betal Bills of Credit, to the Creditor or Creditors in Satisfaction of fore January the Debt demanded, and the Creditor refufed the fame; then, 7th, 1780, and in every fuch Cafe, the Court before whom fuch Action may where tendry be brought, are hereby authorized to direct fuch Caufe to be heard has been made and determined by Reference thereof to indifferent Perfons, to be mined by the mutually chofen by the contending Parties; and in Cafe they or rules of equity their Attornies fhall neglect or refuse to agree upon fuch Referces, the faid Court are authorized to determine fuch Caufe according to the Rules of Equity, taking all Circumftances into Confideration Which faid Referees fo chofen as aforefaid, fhall hear and determine fuch Cause, as to them shall appear juft and equitable, taking into Confideration all the Circumftances thereof, and make Return to the fame Court where faid Caufe fhall be depending; who, unless fufficient Objections be offered against such Return, fhall accept the fame, and render Judgment thereon accordingly.

:

An Act for regulating Trials on Writs of Error, and for Limiting the Time for bringing the fame.

PAR. 1. BE it enacted by the Governor and Councily and 4, 1ft of Superior court

Reprefentatives, in General Court affembled, That to take cognithe Superior Court fhall have Jurifdiction of all Writs of Error, zance of errors brought for reverfal of any Judgment of the County Court, or any now Inferior Court, or of an Affistant or Juftice of the Peace, in Civil

or Criminal Caufes.

2. And when on any Writ of Error that fhall be brought be

fore the Superior Court, the Defendant in fuch Writ of Error

in lower

fhall recover Judgment, that the Judgment complained of is not How to render erroneous, he fhall recover Coft against the Plaintiff; but if up- judgment. on fuch Trial it fhall be determined, that the Judgment complained of is erroneous, Judgment fhall be given for the reverfal of fuch erroneous Judgment, and the Plaintiff fhall recover all that he hath been damnnified thereby, but no Cost in that Cafe fhall be taxed for either Party.

action

3. That when any Judgment in a Civil A&tion fhall be reverfed as aforefaid, the Plaintiff in the original Action on which fuch In cafe of reerroneous Judgment was given, may enter his Action in the faid verfal, plainSuperior Court, paying the fame Fees as if he had brought it by tiff in original Appeal; and the faid Court fhall proceed to try faid Action as if may en it had or could have been brought there by Appeal. And the ter, &c. whole Cost in said Action (excepting the Coft on the Writ of Error) fhall be allowed and taxed in favor of him who fhall recover final Judgment.

4. That no Writ of Error fhall be brought for the reverfal of

Y.

Time limited. any Judgment after the expiration of three Years from the Time of giving fuch Judgment.

Error lies in

5. That where manifeft and material Error fhall appear of Record in any Judgment or Decree given in a Suit for relief in equity as well Equity, the Party aggrieved may be relieved by Writ of Error, in the fame Manner as in proceedings at Law.

as at law.

6. And be it further enalled, That the feveral Courts having Cognizance of Writs of Error, upon their affirmance of any JudgUpon affirmance of judgment or Decree, or upon any Non-fuit, or withdraw made by the ment, intereft Plaintiff in Error, may, according to their difcretion, adjudge may be allow- and decree to the Defendant in Error, befides his Coft, the Inteed.. reft of the Money delayed by fuch Writ of Error, and grant Execution therefor accordingly.

7. And be it further enalted, That the Authority figning any The authority Writ of Error, fhall take good and fufficient Bond, with Surety, figning writs that the Plaintiff in Error fhall profecute his Writ to Effect, and anfwer all Damages, if he fail to make his Plea good.

of error, to

take furety,

Where no

An Act relating to Efcheats and other Eftates, belonging to, and recovered for the Ufe of the public Treafury of this State.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of

Reprefentatives, in General Court affembled, That where no Heir or Owner of Houfes, Lands, Tenements, Goods owner or heir or Chattels can be found, fuch Houfes, Lands, Tenements, Goods apperrs eftate and Chattels fhall belong to this State, and be fecured to the pubbelongs to this ftate. lic Treafury thereof.

bate to take

care, &c.

2. And the Judges of the refpective Courts of Probate in this State, fhall make due Enquiry after, and take proper Care of all Judge of pro- Eftates within their respective Diftricts that have happened or fhall hereafter happen to efcheat as aforefaid, and fecure the fame in the Hands of fome Administrator, by them for that Purpose to be appointed; Notice of which Efcheats and Proceedings thereon, the Judge fhall give to the Treasurer of this State for the Time being: And the faid Treasurer fhall be, and he is hereby empowered and required to demand and receive of fuch Adminiftrator, all fuch Efcheats, and him thereof fully to discharge.

to notify the treasurer.

Treasurer to make fale.

3. And the faid Treasurer is further empowered and required, to make Sale, either by public Vendue, or by Appraisement made by three judicious Freeholders under Oath, or private Sale, as he fhall judge may conduce moft to the Benefit of this State, of all Efcheats, as alfo of all Lands that are or fhall be recovered of any Perfon or Perfons whatsoever, by Judgment, Execution, Diftraint, or any other Way, for Fines, Forfeitures or Rates, to the public Treafury, where other Provifion is not, or fhall not be particularly made in fuch Cafes. And the faid Sale to make, and confirm by Deed or Deeds in the Name and Behalf, and for the Ufe and beft Advantage of this State: Which Sales fo made, fhall be good and valid in the Law.

Estates.

&c.

163

4. And the faid Treasurer for the Time being, fhall from Year to Year, render his Account to the General Affembly, at their Sef- and account, fions in October, of his Proceedings by Virtue of this Act; and fhall be allowed a reasonable Recompence out of the Gains fo' made, for his Charge and Trouble therein..

5. Provided nevertheless, That if any Heir or Owner of fuch Heir appearHoufes, Lands, Tenements, Goods or Chattels, fhall appear and ing to have re make out a juft Title thereunto; the fame, or reafonable Satis- ftoration. faction therefor, fhall upon just and reasonable Terms be restored,

or given to fuch Heir or Owner.

An Act for the Settlement of teftate and inteftate

Eftates.

E it enacted by the Governor and Council, and Houfe of

B Reprefentatives, in General Court affembled, "That

522. 548. 630

taken.

PAR. 1. the Executor or Executors named by the Teftator of any laft Will and Teftament, or fuch other Perfon or Persons to whom the Ad- Inventories by ministration of the Estate of Perfons deceased, shall be committed, whom to be calling or taking to him or them two or more judicious, difinterefted Freeholders, Neighbours and Friends to the Deceafed; and in their Prefence, and by their Difcretion, (being under Oath) fhall make or caufe to be made, a true and perfect Inventory of all the Eftate of the Perfon deceased, as well moveable as not moveable, whatever; and the fame fhall cause to be indented: Whereof the one Part, by the faid Executor or Executors, Adminiftrator or Administrators, upon his or their Oath or Oaths, to be taken before the Court which hath Power to take Probate of Wills and Teftaments, granting Adminiftration and the like, fhall be by him or them delivered to the faid Court of Probates; and the other Part to be and remain with the faid Executor or Executors, Administrator or Adminiftrators.

2. That if any Executor or Executors of the laft Will of any Penalty of 17 Perfon deceased, knowing of his or their being so named and ap- dls. per month pointed, fhall not within thirty Days next after the Deceafe of on executors who neglect the Teftator, caufe fuch Will to be proved and recorded in the Re- exhibiting of gifter's Office of that Diftrict where the deceafed Perfon laft the wills, &c. dwelt, or prefent the said Will, and declare his or their Refufal of to be proved the Executorship; every Executor fo neglecting his or her Truft after 30 days and Duty in that Behalf (without juft Excufe made and accept- are expired. ed by the Judge of Probate for such Delay) fhall forfeit the Sum of Seventeen Dollars per Month, from and after the Expiration of the faid thirty Days, until he or they fhall caufe Probate of fuch Will to be made, or prefent the fame as aforefaid..

Perfons refuf

3. And upon fuch Refufal of the Executor or Executors, or on ing to ftand his or their Refufal to give Bond with fufficient Surety for a executors, the faithful Difcharge of his or their Truft, the Court of Probate Court of Profhall commit Administration of the Eftate of the Deceased, with the Will annexed, unto the Widow or next of Kin to the De- ftrators.

bate to ap

point admini

164

Penalty of 17 dols. pr month for not caufing an inventory

to be taken, &c.

Forfeitures

how recovered

Eftates.

ceased; and upon their Refusal or Incapacity, to one or more of the principal Creditors, as the Court fhall think fit.

4. And if the Executor or Executors of any laft Will and Teftament, brought for Probate in any of the Courts of Probate in this State, fhall not within the Space of two Months next after the Probate of fuch laft Will and Teftament, caufe fuch Inventory to be made, as aforefaid, and the fame to be exhibited in the Regifter's Office of the fame Court of Probate where the faid Will was accepted and recorded, every Executor fo neglecting his or her Truft in that Behalf (without juft Excufe made to the Judge of faid Court and accepted for fuch Delay) fhall forfeit the Sum of Seventeen Dollars per Month, from and after the faid two Months are expired, until he or they fhall inventory faid Eftate, and exhibit faid Inventory as aforefaid.

5. Every luch Forfeiture, as well for not caufing the Will to be proved, &c. as for not exhibiting an Inventory, as aforefaid, fhall be and belong, one Moiety thereof to the Town Treasury and improved. of that Town where the Deceafed laft dwelt, for the Ufe of faid Town, and the other Moiety to him or them who fhall inform, or fue for the fame, and profecute to full Effect: To be recovered by Action or Information in the County where the Teftator last dwelt.

6. And if any Perfon or Perfons fhall alienate or embezzle any Executors em- of the Goods or Chattels of any Perfon deceased, before he or they bezzeling any have taken out Administration, and exhibited a true Inventory of of faid goods all the known Eftate of the Deceafed; all and every fuch Perfon to be fued, &c. fo acting, fhall ftand chargeable and be liable to the Actions of the Creditors, and other Perfons grieved, as being Executors in their

own wrong.

7. And the Court of Probate fhall caufe a Citation to be made Court of Pro- out to the Widow or next of Kin, capable to execute faid Truft, bate to cite and upon their neglect of Appearance, or Refufal, may commit the widow, or Adminiftration of fuch Eftate to fome one or more of the chief next of kin, Creditors, if accepted by him or them; or others, as the faid Court fhall think fit, upon their Refufal.

&c.

Such as con

ceal the eftate

be examined

8. And for preventing Fraud in concealing any Part of the Eftate of any Perfon deceafed:

Be it enacted, That if any Perfon or Perfons in this State, fhall have in his or their Cuftody or Poffeffion, any Goods or Chattels belonging to the Eftate of any deceafed Perfon, or any Bills, Bonds, Accounts, or fuch other Things as may tend to difclose of any deceaf- fuch Eftate, and upon Demand of the fame, made by the Executor ed perfon, to or Adminiftrator of fuch Eftate, fhall refufe to make Delivery, or to give a fatisfying Account thereof to the faid Executor or Adminiftrator, it fhail be in the Power of the next Affiftant or Juftice of the Peace, upon Complaint thereof made to him by the faid Executor or Adminiftrator, to iffue a Warrant to fome fit Perfon, to apprehend fuch Offender, and to bring him or her before fuch Affiftant or Justice of the Peace; who may bind fuch Perfon, with fufficient Sureties, to appear before the next Court of Probates: And the faid Court fhall be, and is hereby empowered to

upon oath.

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