CHAP. 113. For not return or other neglect or mismanage1821, 51, $72. ing inventory, ment. 4 Greenl. 154. 1 Fairf. 53. 2 Fairf. 157. 4 Mass. 318. 5 Pick. 61. SECT. 17. Where any administrator shall have received personal property of an intestate, and shall not have exhibited, upon oath, a particular inventory thereof, and in all other cases of neglect or mismanagement, execution shall be awarded against him, for such part of the penalty of his bond, as may be adjudged on a trial in due course of law. SECT. 18. All monies recovered on any judgment, or execution Of suits by the issued as aforesaid, excepting as provided in section, fourteen, of judge, for all this chapter, shall be recovered by the judge of probate, in trust concerned, and the incidents for all parties interested in the penalty of the bond; and he shall thereof. require any administrator or executor, against whom the judgment shall have been recovered, to account for the same; provided, such administrator or executor shall still retain the administration of the estate, on account of which the bond was given: and, in other cases, the judge shall assign such judgment and execution to the rightful executor or administrator, to be collected, and the avails thereof shall be accounted for and distributed, or otherwise disposed of, as assets. Provisions of SECT. 19. When not otherwise expressly provided by law, like this chapter ap- proceedings, judgment and execution, so far as applicable, shall be plied to all proBate bonds. had upon the bonds given to any judge of probate by executors, 1821, 51, special administrators, guardians, testamentary trustees, surviving partners, or others, as is provided in this chapter, in reference to bonds of administrators in common cases. 74. 72, Sureties discharged from quest of their ing that their testimony is required in a case, wherein his official capacity. SECT. 20. The judges of probate, within their respective jurisfuture liabilities dictions, upon a written application to them by any executor, adminon bonds, on re- istrator, guardian or testamentary trustee, setting forth, that a principal, stat- surety on his bond is needed as a witness in a case, wherein he, in his official capacity, is a party, are authorized, upon satisfactory proof of the statement in such application, to make a decree, that such he is a party in surety shall not be liable on the said bond, after the date of such decree, on account of any default of the principal, or any cause of action on such bond against the principal, which may accrue subsequently to the date of said decree; and that such executor, administrator, guardian, or trustee file a new bond for the liabilities of the principal in his official capacity: such decree shall be duly recorded, and shall operate, as a discharge of such surety from all liabilities on said bond, which may accrue, subsequently to the date of said decree; and a certified copy of such decree shall be conclusive evidence, that the liability of such surety has ceased. TITLE TENTH. Of civil actions, their various forms, limitations and proceed. ings, and evidence therein. CHAPTER 114. Of the commencement of civil actions, indorsement and service of writs, attachment of property, arrest and taking bail. 115. Of proceedings in civil actions in court. 116. Of justices of the peace, and their power in civil cases, and proceedings therein. 117. Of the levy of executions on personal property. 118. Of bail in civil actions. 119. Of trustee process, or foreign attachment. 120. Of actions by, and against executors and administrators. 121. Of partition of real estate by supreme judicial court, and district court. 123. Of granting reviews. 124. Of actions of review. 125. Of mortgages, their redemption and foreclosure, and other liens on real and personal estate. 126. Of the rights of erecting mills and mill dams, and of flowing lands, and 127. Of inquests of office, and informations for intrusions. 128. Of forcible entry and detainer. 129. Of waste, and trespass on real estate. 130. Of replevin of beasts and chattels. 131. Of bastard children and their maintenance. 132. Of personal property seized, and lost goods, and proceedings thereon. 133. Of depositions, and mode of taking them, and of witnesses. 134. Of commissioners to take acknowledgment of deeds and other contracts, and depositions, in other states. 135. Of the selection and service of jurors. 136. Of the prevention of frauds and perjuries in contracts, and in actions 137. of recognizances for debts. 138. of reference of disputes, by consent, before a justice of the peace. 139. Of timber and cord wood, and how it may be disposed of, in certain specified cases. 140. Of habeas corpus. 141. Of the writ of audita querela. 142. Of the writ for replevying a person. 143. Of writs of error and certiorari. 144. Of the action of dower. 145. of real actions. 146. Of limitation of personal actions. 147. Of limitations of real actions, and rights of entry. 148. Of the relief of poor debtors. CHAPTER 114. OF THE COMMENCEMENT OF CIVIL ACTIONS; INDORSEMENT AND ARTICLE I. OF writs, and WHERE AC-SECT. 2. Where actions shall be commenc TIONS MUST BE COMMENCED. SECT. 1. Form of writs. CHAP. 114. CHAP. 114. SECT. 3. Locality of actions on sheriffs' or SECT. 37. Certain attachments valid, though coroners' bonds. 4. Actions on judgments rendered in this state. 5. Jurisdiction sustained, if property be attached. 6. Where actions shall be commenc ed against a county. 7. Actions by a county. 8. Actions between a corporation and a county. 9. Actions by an inhabitant, against a county. 10. Actions between two counties. 11. Actions between towns and other quasi corporations. 12. Actions between quasi corporations and individuals. 13. Actions between corporations and natural persons. 14. Actions for recovery of forfeitures. 15. Actions within the jurisdiction of justices. ARTICLE II. OF INDORSEMENT OF WRITS, 16. What writs must be indorsed. 21. Writs, how authenticated. 23. Form may be, for attachment or summons. 24. Separate summons to be left, if attachment be made. 25. Writ and summons to be combined in actions against corporations. ARTICLE III. OF THE SERVICE OF WRITS, 26. Service of original summons. 29. Personal estate liable to attach ment. 30. Attachment of real estate on mesne precess. 31. Attachment of equities of redemption. 32. Registry of attachment of real estate, within five days. 33. In such case, plaintiff's demand shall be set forth in the declaration. 34. Effect of registry after five days. 35. Duration of attachments. 36. Attachment dissolved, by final judgment for defendant. the property be left in defendant's possession. 38. Property exempt from attachment. 39. Preservation of attachment on property, which cannot be removed. 40. Clerk to record the officer's return. 41. Service of a writ upon a county. 42. Service upon a town or other qua si corporation. 43. Service upon other corporations. 44. Time of service upon corporations. 45. Attachment of shares in a corporation. 46. Attachment of the franchise of certain corporations. 47. Mode of service on one of several defendants, not an inhabitant of this state. 48. Proceedings, where service of a writ is defective. 49. Mode of suing a person, whose name is unknown. 50. Attachments on the same writ, in different counties. 51. Writs of scire facias. 52. Personal property attached, may be sold by consent. 53, Living animals, and perishable goods attached, may be sold with out consent. 54, 55. Appointment of appraisers of such property. 56. Mode of appraisal. 57. Defendant may have the property, on giving bond. 58. Bond to be returned with the writ Suit thereon. 59. Proceedings in such suit. 61. Priority of executions. 64. Surplus proceeds of sale, liable to attachment in the officer's hands. 65. Defendant's share of property at tached, may be appraised, on re quest of another part owner. 66. Property to be delivered to such part owner on his giving bond. 67. Lien thereon, if he discharge the attachment. 68. Defendant's rights, if attachment be dissolved. 69. Officer to return the bond with the writ. 70. Attachment of the right of redeeming personal property. SECT. 71. Holder bound to state the amount | SECT. 88. Set off not allowed, in an action CHAP. 114. due. 72. Sale of property attached, when 73. Attachment of certain other inter- 74. Cross actions and set offs, where 75. Same, in case of several defend- 76. Service of writ, in such cross ac- 77. Disposal of goods attached by an 78. How far goods, taken from an officer by replevin, are to be considered in his possession. 79. Liability of the plaintiff in replevin on the bond, in case of judgment for a return. 80. In case an officer dies, having goods under attachment, they are liable to be further attached. 81. Notice how given, of such subsequent attachment. 82. Limitation of the right to attach goods replevied. 83. Attachment not dissolved by de fendant's death, unless his estate 84. Officer to permit the appraisal of 85. If commission of insolvency issue, officer to return the property. 86. If he have sold the property, he shall account for the proceeds. 87. If paid to the creditor, he shall re fund. for recovery of such proceeds. 90. Money, recovered in such suit, not 91. Proceedings, if judgment be for 92. Attachment dissolved, by refer- 93. Also by an amendment, increas- ARTICLE IV. OF ARRESTS, AND BAIL IN 95. How bail shall be taken. 96. What bail an officer must take. court. 100. Surrender of principal by bail in a 101. Freedom from arrest, on fourth of 102. Freedom of officers and soldiers 103. Freedom of electors from arrest ARTICLE V. LORD'S DAYS. 104. Civil process not to be served on ARTICLE I. OF writs, and where ACTIONS MUST BE COMMENCED. SECTION 1. The forms of writs in civil actions shall remain, as Form of writs. established in the year, eighteen hundred and twenty one, composing the sixty third chapter of the statutes of that year; which chapter remains unrepealed; but alterations may be made by the supreme judicial court or the district court, when necessary, to adapt them to changes in the law, or for other causes; but all such changes shall be subject to the final control of the supreme judicial court, which may, by general rules, regulate such changes for said courts or for justices of the peace. menced, if the 1821, 59, § 9. SECT. 2. When the plaintiff and defendant both reside within Where actions the state, all personal and transitory actions shall be brought in the shall be comcounty, where one of the parties lives; and, where there are two parties live in or more plaintiffs, or two or more defendants, the action may be this state. brought in the county, where either of the plaintiffs, or either of the 1839, 368, 1. defendants lives; and, when not so brought, on motion, or inspection 5 Mass. 94, 237. by the court, the writ shall abate, and the defendant shall be allowed 3 Fairf. 17. double costs; except as provided in the following sections. 6 Mass. 331. CHAP. 114. tions on sher- 1821, 91, § 6. Actions on judgments ren dered in this state. 1821, 59, § 31. Jurisdiction sustained, if property be attached. SECT. 3. All actions brought on bonds, given by sheriffs and coroners to the treasurer of the state, shall be brought in the county, where such sheriff or coroner shall have been commissioned to act. SECT. 4. All actions of debt, founded on judgment for damages and costs, or for costs only, rendered by any court of record in this state, may be brought in the county, where the same was rendered, or in the county in which either of the parties to such judgment, or his executor or administrator may reside, at the time of bringing such action. SECT. 5. In all actions commenced in any court proper to try the same, jurisdiction shall be sustained, if goods, estate, effects or credits of any defendant, named in said action, are found within 4 Greenl. 124. this state, and attached on the original writ; and service shall be made, as provided in the twenty eighth section of this chapter. 9 Mass. 462. Where actions shall be com menced against SECT. 6. Any local or transitory action against the inhabitants of a county, in their corporate capacity, may be commenced and tried, either in the county where the plaintiff lives, or in the county 1821, 59, 610. against which the action shall be brought. a county. 7 Mass. 461. 11 Mass. 221. Actions by a county. SECT. 7. Any such action, commenced by a county, may be brought in the county where the defendant lives, unless he is an 1821, 59, § 10. inhabitant of that county; in which case, the action may be commenced in any adjoining county. Actions be SECT. 8. When any corporation shall be a party in any action, tween a corpor- commenced by or against any county, it shall be commenced or tried ation and a county. 1821, 59, § 11. Actions by an inhabitant, a gainst a county. 1821, 59, § 12. Actions between two counties. 1821, 59, § 13. Actions between towns, and other quasi corporations. Actions be tween quasi corporations in any adjoining county. SECT. 9. Any such action against the inhabitants of a county, by a plaintiff belonging to such county, may be commenced and tried in such county, or in any adjoining county, at the plaintiff's election. SECT. 10. Any local or transitory action, by one county against another county, may be commenced and tried in any adjoining county. SECT. 11. When both parties are towns, parishes or school districts, the action shall be brought in the county, in which either of the parties shall be situated. SECT. 12. When the action is between a town, parish or school district, and any other corporation or a natural person, it shall be and individuals. brought either in the county, in which the plaintiff corporation is situated, or natural person lives, or in which the defendant corporation shall be situate, or natural person lives. Actions be tions and natur SECT. 13. When one of the parties is a corporation of any tween corpora- other description, than those mentioned in the two preceding sections, al persons. the action may be brought in any county, in which such corporation shall have an established place of business; or if either party is a natural person, the action may be brought in the county, in which he lives. 21 Pick. 257. Actions for re feitures. 1821, 59, § 45. SECT. 14. Whenever any forfeiture is recoverable in a civil covery of for action, the same shall be brought in the county, in which the offence was committed, unless a different provision was made in the statute imposing the same; and, if on trial it shall not appear, that it was committed in the county where the action is brought, the verdict shall be in favor of the defendant. |