50 Preamble. Actions brought for recovery of debts con Error. 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 PayTable, for fettling the Rate of Depreciation, in all Contracts as aforefaid. And whereas the Bills of Credit of thefe United States, emitted by Order of Congress, have greatly depreciated in their Value, occafioned by fome unforeseen Events taking Place. And whereas fundry Debtors have endeavoured to dif charge their juft Debts by tendering a 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 suffer Injustice by a firiat conftruction of the Laws of this State relative thereto : Therefore, pursuant to a Refolve of these United States, paffed in Congress on the twentieth of March, 1780: Be it further enacted by the Authority aforefaid, 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 feventh Day of January, 1780, and where the Defendant in fuch Action has, between the first Day of September, 1777, and the 18th Day of March, 1780, made a tendry of a Sum in Continental Bills of Credit, to the Creditor or Creditors in fatisfaction of the Debt demanded, and the Creditor refused the fame; then and in every fuch Cafe, the Court before whom fuch Action may be brought, are hereby authorized to direct fuch Caufe to be heard and determined by reference thereof to indifferent Perfons, to be mutually chofen by the contending Parties; and in cafe they or their Attornies fhall neglect ry has been or refufe to agree upon fuch Referees, the faid Court are authorized to determine fuch Caufe according to the Rules of Equity, taking all Circumstances into Confideration: Which faid Referees fo chofen as aforefaid, fhall hear and determine fuch Caufe, as to them fhall appear juft and equitable, taking into Confideration all the Circumstances thereof, and make Return to the fame Court where faid Caufe fhall be depending; who, unlefs fufficient Objections be offered against fuch Return, fhall accept the fame, and render Judgment thereon accordingly. tracted on or before Jan. 7th, 1780, where tend made,- to be determined by the rules of equity. Sup.court to take cognizance of er An Act for regulating Trials on Writs of Error, and for limiting the Time for bringing the same. B E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That the Superior Court fhall have Jurifdiction of all Writs of Error, brought for reverfal of any 1ors, in the Judgment of the County Court, or any Inferior Court, or of an Affiftant or Juffice of the Peace, in civil or criminal Caufes. lower courts The defend ant in error, to recover coft, in cafe And when on any Writ of Error that fhall be brought before the Superior Court, the Defendant in fuch Writ of Error fhall recover Judgment, that the Judgment complained of is not erroneous, he fhall recover Cost against the Plaintiff, but if upon 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 coft on either he hath been damnified thereby, but no Coft in that Cafe shall be taxed for judgment is affirm'd, otherwise no fide. Plaintiff in the original action to en either Party. That when any Judgment in a civil Action fhall be reversed as aforefaid, the Plaintiff in the original Action on which fuch erroneous Judgment ter,&c. on was given, may enter his Action in the faid Superior Court, paying the reverfal,&c. fame Fees as if he had brought it by Appeal: And the faid Court hall proceed proceed to try faid Action as if it had or could have been brought there by Appeal. And the whole Coft in faid Action (excepting the Coft on the Writ of Error) fhall be allowed and taxed in favour of him who shall recover final Judgment. That no Writ of Error fhall be brought for the reverfal of any Judg. ment, after the Expiration of three Years from the Time of giving fuch Judgment. That where manifest and material Error shall appear of Record in any Judgment or Decree given in a Suit for Relief in Equity, the Party aggrieved may be relieved by Writ of Error in the fame Manner as in Proceedings at Law. An Act relating to Escheats and other Estates, belonging to, and recovered for the Ufe of the Public Treafury of this State. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That where no Heir or Owner of Houses, Lands, Tenements, Goods or Chattles can be found, fuch Houses, Lands, Tenements, Goods and Chattles fhall belong to this State, and be fecured to the public Treafury thereof. And the Judges of the refpective Courts of Probate in this State, fhall make due enquiry after, and take proper Care of all Eftates within their refpective Districts 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 Eicheats 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 impowered and required to demand and receive of fuch Adminiftrator, all fuch Efcheats, and him thereof fully to discharge. 5% No writ of error lies af ter 3 years. Error lies in equity as at law, &c. Where no their appears et te belongs to this ftate, owner or Judge of probate to take care, &c. to notify the iteafurer. Treafurer to And the faid I reafurer is further impowered 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 most 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 whatfoever, by Judg- make fale. ment, 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. And the said Treasurer for the Time being, fhall from Year to Year, render his Account to the General Affembly, at their Seffions in October, of his Proceedings by virtue of this A&t, and fhall be allowed a reasonable Recompence out of the Gains fo made, for his Charge and Trouble therein. Provided nevertheless, That if any Heir or Owner of fuch Houfes, Lands, Tenements, Goods or Chattels, fhall appear and make out a juft Title thereunto; the fame, or reafonable Satisfaction therefor, fhall upon juft and reasonable Terms be reftored, or given to fuch Heir or Owner. An Act for the fettlement of teftate and inteftate Eftates. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Executor or G 2 Executors. and account &c. Provifo 52 Inventories by whom to be taken. Penalty of 51. per month, on executors who neglect exhibiting of the wills, &c. to be proved after 30 days are expired. Perfons refufing to ftand executors, the court of pro bate to appoint adminiftrators. Penalty of sl. per month, for not caufing Eftates. Executors named by the Teftator of any last Will and Teftament, or fuch other Perfon or Perfons to whom the adminiftration of the Eftate of Perfons deceased, fhall be committed, calling or taking to him or them two or inore judicious difinterested Freeholders, Neighbours and Friends to the deceased; and in their Prefence, and by their Difcretion, (being under Oath) fhall make or cause to be made, a true and perfect Inventory of all the Estate of the Person deceased, as well moveable as not moveable, whatever; and the fame shall caufe to be indented: Whereof the one Part, by the said Executor or Executors, Adminiftrator or Adminiftrators, 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, Adminiftrator or Adminiftrators. That if any Executor or Executors of the laft Will of any Perfon deceased, knowing of his or their being fo named and appointed, fhall not within thirty Days next after the decease of the Teftator, cause fuch Will to be proved and recorded in the Regifter's Office of that District where the deceased Perfon laft dwelt, or prefent the faid Will, and declare his or their refufal of the Executorship; every Executor fo neglecting his or her Truft and Duty in that behalf (without juft Excuse made and accepted by the Judge of Probate for fuch delay) fhall forfeit the Sum of five Pounds 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 present the same as aforefaid. And upon fuch Refufal of the Executor or Executors, or on his or their Refufal to give Bond with fufficient Surety for a faithful Difcharge of his or their Truft, the Court of Probate fhall commit Adminiftration of the Eftate of the deceased, with the Will annexed, unto the Widow or next of Kin to the deceased; and upon their Refufal or Incapacity, to one or more of the principal Creditors, as the Court fhall think fit. 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 an inventory so neglecting his or her Truft in that Behalf (without juft Excufe made to the Judge of said Court and accepted for fuch Delay) fhall forfeit the Sum of five Pounds per Month, from and after the faid two Months are expired, until he or they fhall inventory faid Eftate, and exhibit faid Intory as aforefaid. to be taken, &c. Forfeitures how reco vered & im proved. Executors embezzle ing any of faid goods to be fued, &C. Every fuch 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 of that Town where the Deceased laft dwelt, for the use of said 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 laft dwelt. And if any Perfon or Perfons shall alienate or embezel any of the Goods or Chattels of any Perfon deceased, before he or they have taken out dministration, and exhibited a true Inventory of all the known Estate of the Deceased; all and every fuch Perfon 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. And the Court of Probate fhall caufe a Citation to be made out to the Eftates. Widow or rext of Kin, capable to execute faid Truft, and upon their neglect of Appearance, or Refufal, may commit Adminiftration of fuch Eftate to fome one or more of the chief Creditors, if accepted by him or them, or others, as the faid Court fhall think fit, upon their Refufal. And for preventing Fraud in concealing any Part of the Estate of any Perfon deceased. Be it enacted by the Authority aforesaid, 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 deceased Perfon, or any Bills, Bonds, Accounts, or fuch other Things as may tend to difclofe fuch Eftate, and upon Demand of the fame, made by the Executor or Adminiftrator of fuch Eftate, fhall refufe to make Delivery, or to give a fatisfying Account thereof to the faid Executor or Adminiftrator, it shall be in the Power of the next Affiftant or Justice of the Peace, upon Complaint thereof made to him by the faid Executor or Administrator, to iffue a Warrant to fome fit Perfon, to apprehend fuch Offender, and to bring him or her before fuch Af fiftant or Juftice 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 impowered to examine fuch Offender or Offenders, under his or their Oaths, upon fuch Interrogatories touching fuch Goods, Chattels, Bills, Bonds, Accounts, and other Things tending to difclofe the Estate aforefaid, as the said Court shall think meet. And that if therein the Offender or Offenders fhall refufe to be examined upon Oath, or to answer fully to every Interrogatory to fuch Perfon or Perfons to be administered, or put by faid Court of Probates, it fhall be lawful for the faid Court to commit every fuch Offender to the common Gaol, there to remain until fuch Perfon fhall better conform. Be it further enacted by the Authority aforefaid, That if any of the Creditors or Legatees of the Deceafed are grieved by the Appraisement of the Eftate made by the Administrator, or Perfons by him appointed, they may have Relief by Application to the Court of Probates that granted Adminiftration; which Court is hereby impowered and required, to appoint three good and lawful Men of the Neighbourhood, and to fwear them to make a new Appraisement of fuch Eftate, at the true Value and Worth thereof, in common Eftimation, according to the beft of their Skill. And the Adminiftrator fhall be accountable for fuch Eftate, according to the faid Appraisement thereof. And if he make Payment of Debts or Legacies therewith, or with any Part thereof, the Creditors or Legatees fhall have fuch Eftate at the Value ftated by fuch Appraisers. Provided, faid Application be made to fuch Court within fix Months after the Inventory of fuch Eftate be exhibited into the Registry of the faid Court; and not after. Be it further enalted by the Authority aforefaid, That when any Perfon dies Intestate, Administration of fuch Inteftate's Eftate fhall be granted to the Widow, or next of Kin to the Inteftate, or both, or on their Refusal or Incapacity, to fome other Perfon, as the Court of Probate fhall judge fit: And on granting Administration upon the Eftates of Inteftates, or others whomloever, the Court of Probate granting fuch Adminiftration, fhall take fufficient Bond with Sureties, of fuch Perfon or Perfons, to whom Adminiftration is granted as aforefaid, for a faithful Difcharge of the Work; which Bond fhall be conditioned according to the Form hereafter in this Act dire@ed: And fuch Bond fhall in like Manner be required and taken of the Executor or Executors of any laft Will and Tettament, before they enter on the Bufinefs, and of any Executors where the Efate remains unfertled. And 53 Court of probate to cite the widow, or next of kin, &c. Such as conceal the eftate of any perfon, to be deceased upon oath. To be committed upon refufal to fwear. Creditors, or leatees aggrieved by the ap praifment of the eftate, to have a new appraisment Provifo. Adminiftra tion of the eftates of inteftates, to whom to be granted. 54 Court of probates to call execu tors, &c. to account. Diftribution to be made One third to the widow, refidue equally among the Eftates. And the Court of Probates may, and shall proceed to call fuch Adminiftrator or Adminiftrators, Executor or Executors to account for, and touching the Eftate of fuch deceased Perfon, whether Inteftate or other. And be it further enaded by the Authority aforefaid, That the Courts of Probate fhall, and are hereby fully impowered to order, and make a just Divifion or Diftribution of all the Eftate, both real and perfonal, of any fuch Inteftate, that fhall remain after deducting all Debts and Charges whatsoever, payable out of the fame, in Manner following, That is to fay; One third Part of the perfonal Estate to the Wife of the Inteftate (if any be) for ever; befides her Dower, or Thirds in the Houfes and Lands during Life, where fuch Wife shall not be otherwife endowed before Marriage And all the Refidue and Remainder of the real and perfonal Estate children, ex- by equal Portions, to and among the Children, and fuch as fhall legally reprefent them, (if any of them be dead) other than fuch Children who fhall have any Eftate by Settlement of the Inteltate in his Life Time, equal to the others Shares: Children advanced by Settlement or Portions not equal to others Shares, to have fo much of the Surplufage as fhall make the Estates of all to be equal; except the eldest Son then surviving, where there is no Iffue of the first Born, or of any other eider Son; who shall have two Shares or a double Portion of the Whole; and the same shall be fo divided as that the male Heirs fhall have their Parts in the real Estate, fo far as the Estate will allow : And where there are no Sons, the Daughters fhall inherit as Co-parceners. cept to the Divifion to be by freeholders un der oath, &c. unless, &c. Provifo. If child die, &c. his portion to be to the furviving children. And the Divifion of the Estate shall be made by three fufficient Freeholders, upon Oath, or any Two of them, to be appointed by the faid Court of Probates: Unless all the Parties interested in any Eftate, being legally capable to act, fhall mutually agree upon a Divifion among themfelves, and present the fame in Writing under their Hands and Seals; in which Cafe fuch Agreement fhall be accepted, and allowed for a Settlement of fuch Eftate; and be accounted good and valid in Law, being acknowleged by the Parties fubfcribing, before fuch Court of Probates, or before an Affiftant or Juftice of the Peace, and put upon Record, in the Records of faid Court. Provided nevertheless, That where any Estate in Houses and Lands, which cannot be divided among the Children without great Prejudice to, or spoiling of the whole; being fo represented, and made to appear unto the Court of Probates; the said Court may order the whole to the eldest Son, if he accept of it; or to any other of the Sons fucceffively (upon his Refusal) he to whom it shall be ordered, paying unto the other Children of the Deceased their equal and proportionable Parts or Shares of the true Value of fuch Houfes and Lands, upon a juft Appraisement thereof, to be made by three fufficient Freeholders upon Oath; to be appointed and fworn, as aforefaid; or giving good Security to pay the fame in fome convenient Time, as the faid Court of Probate fhall limit; making reasonable Allowances in the Interim, not exceeding fix per Centum per Annum. And if any of the Children die before he or the come of Age, and before Marriage, or before any legal Difpofition thereof and before Marriage, the Portion of fuch Child deceafed, fhall be equally divided among the furviving Children, and their legal Reprefentatives. And in cafe there be no Children, nor any legal Reprefentatives of them, If no chil- then one Moiety of the perfonal Eftate fhall be allotted to the Wife of the dren, how Inteftate forever; and one third of the real Estate for Term of Life: The Refidue of the real Eftate received by Difcent, Gift or Devise from his or her Parent, Anceftor or other Kindred, fhall belong equally to the Brethren and Sifters of the Inteftate, and those who legally reprefent them, of the Blood the real ef tate fhall defcend, &c. of |