48 Charge of removal by whom paid. Penalty of 40s. for fe Equity. Fence or Encroachment to be removed within the Time fo limited, it shall be lawful for the said Select-men, Committee, or the said three Proprietors, to remove the fame. And the Perfon who made fuch Encroachment, fhall pay to fuch Selectmen, Committee or Proprietors, the Charge of fuch Warning, and throwing down and removing fuch Eneroachment; to be recovered by Action before any Court proper to try the fame. And if the Perfon offending as aforefaid, fhall commit the like Offence, by taking in the fame, or a greater or leffer Quantity of any High-way, Common or undivided Land, where his Fence has been removed as aforecond offence. faid, he fhall incur the Penalty of Forty Shillings for every fuch Offence, as often as he fhall commit the fame; to be recovered by Bill, Plaint, Action or Information by the Perfon who gave the Warning, and caufed the faid Fence or Encroachment to be removed; one Half of the Penalty to be to the Profecutors, with Coft of Profecution, and the other Half to the County Treasury of the County in which the Offence is committed. In which Trials no Appeal fhall be allowed. Burden of proof on the delinquent. This act may be given in evidence, in the general iffue. And that every Perfon profecuted for faid Offence, fhall be deemed guilty thereof, unlefs he can fatisfy the Court that hath Cognizance thereof, that he did it not himself; nor by his Order or Confent, caufe, or procure faid Offence to be committed. And it fhall be lawful for fuch Select-men, Committee, or Proprietors, without further Notice, to remove fuch Encroachment as often as it fhall be fet up, after it hath been once removed as aforefaid. And be it further enalted by the Authority aforefaid, That if thofe, or any of thofe Perions that fhall pull down and remove fuch Fence or Encroachment as aforefaid, fhall be fued in Trefpafs for fo doing, by any Person or Persons whofe Fence fhall be fo pulled down or removed, fuch Select-men, Committee or Proprietors, who fhall pull down and remove the faid Fence, or cause the same to be done, may plead not guilty, and give this Act in Evidence on the Trial; and if the Plaintiff or Plaintiffs in fuch Action shall not prove that the Fence removed, when standing was well on the Bounds of his or their Lands, or their Lands for whom the Plaintiff or Plaintiffs hold the fame, and fo was not any Encroachment, as aforefaid, Verdict shall be given in Favour of the Defendants. In which Cafe, as in Cafe Double cofts. alfo of a Nonfuit, Judgment fhall be rendered for double Cofts in Favour of the Defendants. Courts of e B An Act for regulating Proceedings in Equity. E it enacted by the Governor, Council, and Representatives, in General Court uffembled, and by the Authority of the fame, That the feveral Courts quity how to in this State having Jurifdiction of Suits brought for Relief in Equity, proceed. fhall proceed therein according to the Rules of Equity, and the Ufage of the General Affembly in fuch Cafes, and fhall take Cognizance, as Courts of Equity, of fuch Matters only, wherein adequate Remedy cannot be had in the ordinary Course of Law; and fhall keep Records of their Proceedings, and have Power to enforce their Decrees by granting Execution thereon against the Estate or Perfon, or in any other Manner proper for a Court of Equity and no Appeal fhall be allowed from any Sentence or Decree of any Court given in any Suit for Relief in Equity, except where special Provifion is made by Law for that Purpose. No appeal except, &c. When a minor is inte refted, &c. And be it further enacted by the Authority aforefaid, That when any Minos under the Age of twenty-one Years, fhall be interested in any mortgaged, or other real Estate, which in Equity ought to be conveyed to any other Perfon Equity, as to Depreciation. 49 Person or Persons, and fuch Conveyance is decreed and ordered by the Court having Cognizance of the fame, the Guardian of fuch Minor is Guardian auhereby authorized and impowered to make and execute fuch Conveyance thorized, &c. in Behalf of fuch Minor; which Conveyance, fo made, fhall be good and effectual in Law. And the faid Court fhall have Power to enjoin fuch Guardian to make the fame, under a fuitable Penalty. And if fuch Minor have no Guardian, at the Time of bringing fuch Suit, the faid Court is hereby authorized to appoint one; and the Guar dian fo appointed, fhall have Power to do every Thing in Behalf of fuch Minor, proper for his Defence in fuch Suit, and for carrying the Decree of the Court therein, into Effect. An Act ascertaining the Value of Continental Bills of Credit, and of Contracts made therefor, and directing the Courts to determine according to Equity, all Suits brought thereon. BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Contracts made on or before the first Day of September, 1777, for lawful Money, or for Bills of Credit of this State, or Continental Bills of Credit, fhall be deemed equal to the fame nominal Sum in Gold or Silver. That all Contracts made between the first Day of September, 1777, and the 18th Day of March, 1780, understood or expreffed to be for the common Currency of the United States, or of this State, fhall be rated in Spanish milled Dollars, or other Coins equivalent, agreeable to the following Table, which fhews the Value of one hundred Spanish milled Dollars in Continental Bills of Credit, at the feveral Times therein expressed, which is agreeable to the Scale adopted by Congress. Penalty. Court autho rized to appoint a guardian. Contracts made before ift September fulmoney &c. 1777, for law And between ift September 1777, & 18th March 1780, how rated. And be it further enacted by the Authority aforefaid, That all Contracts made on or before the 18th Day of March, 1780, may be discharged 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 G the Contracts made on or before March 18th, 1780, how dif charged. 50 Preamble. Actions bro't for recovery of debts contracted on or before Janua ry 7th, 1780, where tendry has been made, to be determined by the rules of equity. Sup. court to take cognizance of errors in the 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 some unforeseen Events taking Place. And whereas fundry Debtors have endeavoured to difcharge their just 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 refused by the Creditor; by Reafon whereof great Difputes bave arifen, and the one Party or the other liable to fuffer Injustice by a ftria 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 Rocovery 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 firit 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 Satisfaction of the Debt demanded, and the Creditor refused the same; 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 shall neglec or refuse 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 Referrees fo chofen as aforefaid, fhall hear and determine fuch Caufe, as to them fhall 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, unlets fufficient Objections be offered against fuch 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. E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the jame, That the Superior Court fhall have Jurifdiction of all Writs of Error, brought for reverfal of any lower courts. Judgment of the County Court, or any Inferior Court, or of an Affiftant or Juftice of the Peace, in civil or criminal Caufes. The defendant in error, to recover coft, in cafe judgment is affirm'd, otherwife no coft on either fide. Plaintiff in the original action to enter, &c. on 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 Coft 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 he hath been damnified thereby, but no Coft in that Cafe fhall be taxed for either Party. That when any Judgment in a civil Action fhall be reverfed as aforefaid, the Plaintiff in the original Action on which fuch erroneous Judgment was given, may enter his Action in the faid Superior Court, paying the reverial, &c. fame Fees as if he had brought it by Appeal: And the faid Court fhall. proceed Efcheats. Eftates. 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 manifeft and material Error fhall 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 Efcheats and other Eftates, belong- B And the Judges of the refpective Courts of Probate in this State, fhall make due Enquiry after, and take proper Care of all Estates within their respective Districts that have happened or fhall hereafter happen to efcheat as aforefaid, and fecure the fame in the Hands of fome Adminiftrator, 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 impowered and required to demand and receive of fuch Administrator, all fuch Efcheats, and him thereof fully to discharge. And the faid Treasurer 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 moft to the Benefit of this State, of all Efcheats, as alfo of all Lands that are or shall be recovered of any Perfon or Perfons whatsoever, by Judg- Treafurer to ment, Execution, Diftraint, or any other Way, for Fines, Forfeitures or make fale. Rates, to the public Treasury, 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 best Advantage of this State: Which Sales fo made, fhall be good and valid in the Law. And the faid Treasurer for the Time being, fhall from Year to Year, render his Account to the General Affembly, at their Seffions in Otober, and account, of his Proceedings by Virtue of this Act; and fhall be allowed a reasonable &c. Recompence out of the Gains fo made, for his Charge and Trouble therein. Provided nevertheless, That if any Heir or Owner of fuch Houses, Lands, Tenements, Goods or Chattels, fhall appear and make out a juft Title thereunto; the fame, or reasonable Satisfaction therefor, fhall upon juft Provife. and reasonable Terms be restored, or given to such Heir or Owner. An act for the Settlement of testate and inteftate Estates. BE E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That the Executor or Executors G 2 52 Inventories by whom to be taken. per month on executors who neglect exhibiting of the wills, &c. to be proved after 30 days are expired. Estates. Executors named by the Teftator of any laft Will and Teftament, or such other Person or Perfons to whom the Adminiftration of the Eftate of Perfons deceased, shall be committed, 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 same shall cause to be indented: Whereof the one Part, by the said 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 Administration 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 Administrators. That if any Executor or Executors of the laft Will of any Person Penalty of 51. deceased, knowing of his or their being fo named and appointed, fhall not within thirty Days next after the Decease of the Teftator, cause such Will to be proved and recorded in the Register's Office of that District where the deceased Perfon laft dwelt, or present the faid Will, and declare his or their Refusal of the Executorship; every Executor fo neglecting his or her Truft and Duty in that Behalf (without juft Excufe 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 such Will to be made, or present the fame as aforefaid. Perfons refufing to stand executors, the Court of Pro bate to ap point adminiftrators. per month for 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 Testament, caufe fuch Inventory to be made, as aforefaid, and Penalty of 51. 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 Five Pounds per Month, from and after the faid two Months are expired, until he or they fhall inventory said Estate, and exhibit said Inventory as aforefaid. not caufing an inventory to be taken, &c. Forfeitures 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 Treafury of that Town where the Deceased laft dwelt, for the Use of said Town, and the other Moiety to him or them ed & improv- 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. how recover ed. Executors embezzeling any of faid goods to be fued, &c. And if any Perfon or Perions shall alienate or embezzel any of the Goods or Chattels of any Perfon deceased, before he or they have taken out Administration, and exhibited a true Inventory of all the known Estate of the Deceased; all and every fuch Perfon fo acting, fhall stand 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 Gitation to be made out to the |