Limitation of Personal Actions.

Certificate of discharge.—If, on the examination above mentioned, it be the opinion of said commissioners that said insolvent has made a full and fair disclosure and assignment of his or her estate, they will deliver to him a certificate under their hands, the he or she has made such assignment in conformity with this act, which certificate will protect the person of said insolvent from arrest or imprisonment on any debt or demand due or owing to any creditor named in his or her petition, at the date thereof, or to any other creditor claiming or receiving any share or dividend from his or her estate, under this act.

Powers of superior court over commissioners.-The superior court which shall have appointed, will have power, for cause shown, to remove any commissioner, and fill any vacancy; and may on motion of one-fourth of the creditors in value, and reasonable notice to said commissioners, hear and decree concerning any proceedings by them had, or any neglect charged against them, after granting the said certificate; and may by any proper process in chancery, as occasion may require, compel said commissioners to execute their trust in such manner as the court shall adjudge that the provisions of this act require.

7. Limitation of Personal Actions.

Actions on specialties.-Actions on bonds or writings obligatory, contracts under seal, or promissory notes not negotiable, must be brought within seventeen years after the cause of action accrues; provided, however, that persons legally incapable to bring such actions when the cause of action accrues, may bring the same at any time within four years after such incapacity ceases. (a)

Actions of account, book debt, and assumpsit.-Actions of account, debt on book or on simple contract, or of assumpsit, founded on implied contract or on any contract in writing not under seal, except promissory notes not negotiable, are limited to six years after the cause of action accrues; provided, however, that persons legally incapable of bringing such actions when the

(a) R. S. title 60.

Effect of Marriage upon Rights of Property.

cause of action accrues may bring them at any time within three years after such incapacity ceases.

Actions of trespass on the case.-Actions of trespass on the case are limited to six years after the right of action accrues.

Actions on express contracts not reduced to writing, trespass, and case for words.-Actions upon express contract, other actions of book debt, on proper subjects thereof, not reduced to writing, or some note or memorandum thereof made in writing and signed by the party to be charged therewith, or some other person lawfully authorized; actions of trespass and actions upon the case for words, are limited to three years after the right of action

accrues.

Actions on penal statutes.—Actions for forfeitures on penal statutes are limited to one year after the offence committed.

Actions against officers for neglect of duty.-Actions against sheriffs, deputy sheriffs, and constables, for neglect of duty, are limited to two years after the right of action accrues.

Time of commencing new suit after reversal or arrest of judgment. If in any of said suits or actions, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his writ, declaration, or bill, the party plaintiff, his heirs, executors, or adminstrators, may commence a new suit within a year after such judgment reversed or given against the plaintiff. In the several cases aforesaid, the time of the defendant's absence from the state is to be excluded from the computation.

Writs of error and petitions for new trial.—Writs of error brought for the reversal of any judgment, and petitions for new trial in cases where final judgment has been rendered in chancery or at law, are limited to three years after the rendering of such judgment.

8. Effect of Marriage upon Rights of Property.

The interest of any married man in the real estate of his wife, whether possessed by her at the time of marriage, or acquired

Effect of Death on Rights of Creditors.

during coverture, cannot be taken on an execution against him during the life of the wife, or the life or lives of children the issue of such marriage. This act does not affect the remedy upon any contracts made prior to the 1st of July, 1845. (a)

9. Effect of Death on Rights of Creditors.

When executor should prove a will, and proceedings in case he refuse the trust.-The executor of the will of any person deceased must prove it within thirty days after the testator's decease, or present the will and declare his refusal of the executorship. In the latter case, the court of probate will commit the administration of the estate, with the will annexed, to the widow or next of kin, or one or more of the principal creditors. (b)

What court will grant administration, and the nature of the bond given by administrators and executors.—Substantially the same as in Massachusetts.

Liability of persons embezzling or concealing the effects of a deceased person.-Persons selling or embezzling any effects of the deceased, before taking out administration and exhibiting a true inventory of all the known estate, will be liable to the actions of any persons aggrieved as executors in their own wrong.

Persons refusing to deliver or give a satisfactory account to the executor or administrator of any effects in their hands belonging to the estate of the deceased, may be bound over by any justice of the peace to appear before the next probate court. If he refuse to be examined on oath before said court, or to answer the interrogatories put to him by said court, he may be committed to prison, there to remain till he conforms to the law.

Removal of executor or administrator.-If any executor or administrator, by reason of absence, sickness, or insanity, become incapable of executing his trust, or neglect or refuse to do the duties thereof, or waste the estate, and be unable personally to respond in damages, he may be removed from office by the court of probate, on due complaint by any heir, devisee, legatee, creditor, or surety in an administration bond, who has been injured or may be exposed to injury, and proof of the facts stated in such complaint.

(a) Acts of 1845, p. 36.

(b) R. S. title 31.

Effect of Death on Rights of Creditors.

On such removal, a new executor or administrator will be appointed by the court of probate, who will receive all the property of the deceased, and perform all the duties of the first executor or administrator.

Distribution of real and personal estate of a person dying intestate. The court of probate will distribute the estate, both real and personal, of any person dying intestate, (unless the persons interested in the estate agree upon a division,) in manner following:

One-third part of the personal estate to the wife of the intestate,. if there be any, and one-third of the lands and houses during life, where she has not been otherwise endowed before marriage, and all the residue of the real and personal estate, by equal proportions, according to its value at the time of distribution, to and among the children, and their legal representatives, if any of them are dead, excepting children who receive estate, by settlement of the intestate, in his life time, equal to the share of the others; and children advanced by settlement or portion, not equal to the shares of the rest, will have enough to make all the shares equal.

Certain specified changes may be made in this method of distribution, for the better accommodation of the heirs of any estate.

If any child die before he or she become of age, and before marriage, or before any legal disposition thereof, and before marriage, the portion of such child will be equally divided among the surviving children and their legal representatives.

If there be no children or legal representatives of them, one moiety of the personal estate will go to the wife, for ever, and one-third of the real estate for the term of life; and the residue of the estate, both real and personal, except as hereinafter provided, will be distributed and set off equally to the brothers and sisters of the intestate, of the whole blood, and those who legally represent them if there be no such kindred, then to the parent or parents if there be no parent, then equally to every of the brothers and sisters of the half blood, and those who legally represent them if there be no parent, or brother, or sister, or legal representatives of them, then equally to the next of kin in equal degree kindred of the whole blood to take the preference to kindred of the half blood in equal degree: no representatives to be

Mode of Collecting Debts.

admitted among collaterals, after the representatives of brothers and sisters. Provided, that all the real estate of the intestate received from his or her parent, ancestor, or other kindred, will belong equally to the brothers and sisters of the intestate and their legal representatives of the blood of the person or ancestor from whom such estate came or descended: if there be no such brothers and sisters or legal representatives, then equally to the brothers of such person or ancestor and their legal representatives: if there be none such, it will be set off and divided like other real estate. If there be no wife, all the estate will be divided among the children and heirs in manner aforesaid.

Time for granting administration and proving will, limited. -Administration will not be granted on the estate of any deceased person after the expiration of seven years from his death.

No will will be allowed to be proved by any court of probate after the expiration of ten years from the death of the testator: provided, that when any minor is interested in the estate, three years will be allowed, after he obtains his majority, to take out administration thereon, or to prove and allow the will.

Insolvent estates.-In case of insolvent estates, commissioners will be appointed, claims received, and a report made by them, substantially as provided by the laws of Massachusetts. If, upon such report, the estate appears to be insolvent, sale of all the property, real and personal, will be made, except certain necessary household goods for the widow, and the proceeds applied to the funeral expenses and incident charges of settling and selling the estate debts due for the last sickness of the deceased, taxes and debts due to the state, and the debts of the several creditors, as allowed by the commissioners, in proportion to the sum found to be due.

What is attachable by trustee process.-The effects of absent or absconding debtors, concealed in the hands of their attorneys, agents, factors, or trustees, so that they cannot be found or come at to be attached, and debts due from any person to such debtors, are attachable by trustee process. (a)

(a) R. S. title 37.