80

CONSTRUCTION OF STATUTES.-REGISTER OF PROBATE, SAGADAHOC CO.

CHAP. 109. proper returns and otherwise complied with the laws pertaining

Amount to be

deducted from

allowance to the

and Penobscot.

to such societies.

SECT. 2. And the sum so paid shall be deducted from the sums allowed to the counties of Waldo and Penobscot, in proportion 'to

counties of Waldo the number of inhabitants of each respective county within the limits of said Waldo and Penobscot Agricultural Society. SECT. 3. This act shall take effect when approved.

Approved March 3, 1870.

Rules for the construction of the statutes.

Repeal not to revive former acts or resolves.

Repeal not to affect prior penalties or proceeding.

Actions pending not to be affected.

Chapter 109.

An act to establish certain rules for the construction of statutes.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

In the construction of all statutes hereafter enacted the following rules shall be observed, unless such construction would be repugnant to the express terms of the same statute, that is to say,

First. The repeal of an act or resolve shall not revive any statute in force before the act or resolve repealed took effect.

Second. The repeal of an act shall not effect any punishment, penalty or forfeiture incurred before the repeal takes effect, or any suit, or prosecution or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred under the act repealed.

Third. Actions pending at the time of the passage or repeal of an act, shall not be affected thereby.

Approved March 4, 1870.

Salary of register

dahoc county.

Chapter 110.

An act to establish the salary of the register of probate of Sagadahoc county.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. The salary of the register of probate for the county of of probate, Saga Sagadahoc, from and after the first day of January, in the year of our Lord one thousand eight hundred and seventy, shall be five hundred dollars, instead of the sum now allowed by law.

SECT. 2. This act shall take effect when approved.

Approved March 5, 1870.

CIVIL ACTIONS.-S. J. COURT, OXFORD COUNTY.-PROBATE COURTS.

Chapter 111.

An act to amend chapter eighty-one of the revised statutes, concerning the commencement of civil actions.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. So much of section twenty-eight of chapter eighty-one of the revised statutes, as authorizes attachments of estates for a term of years, to be preserved by recording the same in the office of the town clerk, is repealed; and such attachments shall be recorded in the office of the registry of deeds, like attachments of other interests in real estate.

SECT. 2. This act shall take effect when approved.

Approved March 5, 1870.

Chapter 112.

An act additional to and amendatory of "an act establishing the times of holding the several terms of the supreme judicial court," approved February twenty-eight, one thousand eight hundred and sixty-seven.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. In addition to the terms now provided by law, the supreme judicial court shall be held annually, by one of the justices thereof, in the county of Oxford, at Paris, on the first Tuesday of December.

SECT. 2. This act shall take effect when approved.

Approved March 7, 1870.

Terms of the court for Oxford

supreme judicial

county.

Chapter 113.

An act additional further regulating probate courts and proceedings. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. In case of the death of any judge of probate, the judge of another county may, at the request of the register of the vacant county, hold all necessary terms of the probate court in that county until the vacancy is filled.

SECT. 2. The third section of chapter sixty-three of the revised statutes is amended so that the last clause shall read as follows: 'And in case of the absence of the judge or vacancy in the office at the time of holding any court, the register may adjourn the same

During a vacancy bate may preside the register.

any judge of pro

at the request of

R. S., chap. 63,

to the holding of sect. 3, relating amended.

probate court,

CHAP. 113. by posting notice thereof at the probate office until the judge can attend, or some other judge can be notified and attend.'

R. S., chap. 63,

to vacancy in

office of the register, amended.

SECT. 3. The same chapter is amended by adding at the end of sect. 16, relating section sixteen: 'when, by reason of death or other cause there is a vacancy in the office of register, and the records are incomplete, they may be completed and certified by his successor or by the person appointed to act as register.'

R. S., chap. 64,

sect. 1, relating

to the custody

SECT. 4. Chapter sixty-four of the revised statutes is amended,

so that the last three lines of the first section shall read as follows:

of wills, amended. until he delivers the will, or is released by the judge, or other

R. S., chap. 64, sect. 3, relating to the probate of wills, amended.

R. S., chap. 64,

to what may be omitted in the

wise by order of law; and he shall also be liable to the action of any party for the damage sustained by such neglect.'

SECT. 5. The same chapter is amended by adding, at the end of the third section, 'or in the cases described in the preceding section, upon the depositions of one or more of them, substantiating the facts.'

SECT. 6. The same chapter is amended in the second specificasect. 41, relating tion of section forty-one, so as to read as follows: 'The wearing apparel of the deceased, not exceeding one hundred dollars in value if he left a widow and minor children or either, in which case they shall be entitled to such apparel.'

inventory,

amended.

R. S., chap. 65,

sect. 13, relating

SECT. 7. Chapter sixty-five of the revised statutes is amended to distribution of by adding at the end of section thirteen, 'and when additional personal property belonging to said estate comes to the knowledge of the judge after an allowance has been made, he may make a further allowance from such additional property.'

personal estates, amended.

R. S., chap. 65, sect. 16, relating to an allowance to husbands, amended.

R. S., chap. 65, sect. 23, relating

to sale of lands

SECT. 8. The same chapter is amended so that section sixteen shall read as follows: Upon the decease of a wife whose estate is solvent, the judge may make an allowance to her husband from her personal estate, in the same manner as to a widow from the estate of her husband.'

SECT. 9. The same chapter is amended in the twenty-third section by striking out all after the words "probate court," and in

held in mortgage, serting 'in the same manner as personal estate of the deceased;

amended.

R. S., chap. 66, sect. 11, relating to appeals, amended.

and the judge may, if he deems it necessary, require due notice to be given before granting such license, and also an additional bond from the executor or administrator.'

SECT. 10. Chapter sixty-six, section eleven, is amended, so as to read as follows: 'The claimant, the administrator, an heir at law or any creditor may appeal from the decision of the commissioners, by giving written notice thereof at the probate office within twenty days after their report is made. If the appellant is an heir at law or creditor other than the claimant, he shall file in the probate office with his notice of appeal a bond to the claimant with sureties, to the satistaction of the judge, for the payment of all costs awarded against him. When the appeal is made by

any party other than the claimant, he is to give notice to the CHAP. 113. claimant within thirty days, by service of a copy, attested by the register, on him, his agent or attorney, personally or by leaving it at his last and usual place of abøde, if any within the state; otherwise, notice is to be given as the judge directs.'

SECT. 11. The same chapter is amended, so that section eighteen shall read as follows: 'Claims not presented, and claims disallowed, without appeals taken, are forever barred from recovery by suit. Claims disallowed cannot be filed and proved in set off, except to the amount of counter claims on behalf of the estate. But when after distribution, further assets come into the hands of the administrator, claims not presented to the commissioners, on petition to the judge of probate, and after due notice, if proved or not disputed, may be allowed and paid as provided for contingent claims.'

SECT. 12. Chapter sixty-seven of the revised statues, section two, is amended, so that a minor having a guardian can nominate another only when the present guardian was appointed before the minor was fourteen years of age.

SECT. 13. The same chapter is amended in section fifteen, so that a judge of probate may grant license to guardians to sell stocks and other property of their wards named in said section, and invest the proceeds in other stocks or property, with or without notice, as the judge may deem necessary.

SECT. 14. Chapter fifty-nine of the revised statutes, is amended, by adding at the end of section twenty-seven: 'When the parents have abandoned the child and ceased to provide for its support, the consent of the guardian, next of kin, or some person so appointed, shall be sufficient to authorize the adoption.'

SECT. 15. The same chapter is amended, by adding at the end

of the twenty-ninth section, as follows: 'And the judge of pro

R. S., chap. 66,

sect. 18, relating

to the barring of certain claims, amended.

R. S., chap. 67, sect. 2, relating guardians of

to nomination of

minors, amended.

R. S., chap. 67,

Rect. 15, relating estate, amended.

to sale of

R. S., chap. 59,

sect. 27, relating

to adoption of

children,

amended.

R. S., chap. 59, sect. 29, relating

to legal effect of adoption,

amended.

bate, on the death of either of his adoptors, may make a reasonable allowance to said child from the personal estate of the deceased, if the circumstances of the case demand it.' SECT. 16. Chapter sixty-nine of the revised statutes, is amend R. S., chap. 69, ed, by adding the following section:

'Sect. 6. The person filing such bond may apply for commissioners on disputed claims, with like proceedings and effect as in case of administrators or executors; or, if the partnership estate appears to be insufficient to pay the partnership debts, he may represent it to be insolvent, commissioners may be appointed, claims proved and allowed, and the partnership assets distributed to pay such as are allowed, and like proceedings shall be had as are prescribed in chapter sixty-six, so far as applicable, and with like effect. Nothing herein shall invalidate the right of claimants to recover from the surviving partner or the estate of the deceased

relating to estates of deceased part ners, amended.

CHAP. 113. partner any balances due them after the partnership property is exhausted. When, in cases heretofore arising, such proceedings have been had, they shall be held valid.

R. S., chap. 71,

sect. 1, relating

to cases where

SECT. 17. Chapter seventy-one of the revised statutes, is amended in the first section by striking out the second, third and

judges of probate fifth specifications, and inserting as follows: Second, Of the

may license sales

and exchanges

of real estate, amended.

Guardian as well as husband of an insane wife, may be licensed to sell.

R. S., chap. 71,

by adding addi

tional specifica

tion.

friends or guardians of minors and other incapacitated persons, that the guardians, or some other suitable persons may be authorized to sell real estate of their wards, or any trees or timber standing thereon, for the payment of debts, expenses of sale and of guardianship, and for the support of their wards, and to provide a reasonable sum in anticipation of accruing expenses, when there is not sufficient personal property therefor, exclusive of such as the judge may deem proper to reserve for the use of said wards; or to sell the same and place the proceeds at interest; or to sell it for two or more of these purposes; or to lease such real estate for any term of years, or exchange it for other real estate, when it clearly appears that such sale, lease or exchange would be for the benefit of the wards. But when licensed to be sold in order to place the proceeds at interest, any part thereof may be used for the support of the wards if it becomes necessary.'

SECT. 18. The same section is amended in the sixth specification, so that the guardian as well as the husband of an insane wife may be licensed to sell her rights of dower and other property.

SECT. 19. The same section is amended by inserting at the end sect. 1, amended, of the section the following additional specification: Ninth, Of a part or all of the heirs living in different states, of a person deceased, who left real estate in this state undevised, the owners of which cannot dispose of their separate interests without loss, that the executor, administrator or other suitable person be authorized to sell such estate, and distribute the proceeds, after paying expenses, amongst such heirs, according to their respective rights therein; unless any owner objects to such sale, after public notice, the first publication to be thirty days prior to the hearing, or longer if the judge deems it necessary; the share of any absent owner to be placed on interest until called for by him or his legal representatives.'

R. S., chap. 71,

SECT. 20. The fifth section of the same chapter is amended by sect. 5, relating inserting after the words "real estate," in the second line, the words of the value of more than fifty dollars,' so that no license

to giving of notice previous to granting license, amended.

R. S., chap. 103,

shall be granted for the sale of any such real estate of the value of more than fifty dollars, without consent or notice as provided in said fifth section.

SECT. 21. Chapter one hundred and three of the revised statutes sect. 17, relating is amended by striking out the last clause of section seventeen,

to dower,

amended.

and inserting as follows: The husband of a deceased wife whose