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electors admitted and sworn as aforesaid, shall be enrol-
TITLE 30. Equity.
resentatives, in General Assembly convened, That the several courts having jurisdiction of suits brought for relief in equity, shall have power to proceed according to the rules, usage, and practice in courts of equity; and shall take cognizance of matters only in which adequate relief cannot be had in the ordinary
Their names to be enrolled.
Form of oath.
Form of oath for examiners of qualifications of electors.
Electors admitted in other towns, to produce certificates of admission.
Residence before voting,
Courts of equity, how to proceed.
Suits in equity, how to be served.
Order of notice.
course of law. They shall keep records of their proceed-
proved to such courts, the same shall be sufficient ser
Finding of facts.
Power to pass title to land.
Guardian authorized to execute conveyance in behalf of minor.
Court authorized to appoint a guardian.
vice; and the court may proceed to a hearing thereof,
have power to do every thing in behalf of such minor, proper for his defence in such suit; and for carrying the decree of the court therein, into effect. sect. 5. The superior court of this state shall be, and they are hereby authorized, as a court of equity, on petition brought before them, to authorize and direct the taking of depositions, to perpetuate the evidence of facts, where no suit is depending, agreeably to the rules and usages in chancery proceedings; which depositions, so taken, shall be available in any court of law or equity in this state, in the same manner as depositions taken during the pendency of a suit. sect. 6. Either of the judges of the superior court, shall have power, on motion, to grant and enforce writs of injunction, according to the course of proceedings in courts of equity, in all cases within the jurisdiction of the superior court, arising in any county where such court shall not be in session. And all writs of injunction shall be made returnable to the next superior court in such county, which court may proceed therein according to the course of proceedings in equity. And no writs of injunction shall be issued, unless the facts stated in the application shall be supported by the oath of the applicant, or some indifferent witness. sect. 7. The chief judges of the several county courts, in all cases within the jurisdiction of such courts, arising in the counties of which they are judges, when such courts are not in session, shall have power to grant and enforce writs of injunction, returnable to the next county court in such county, and to be proceeded with, in the same manner, and on the same principles, as in cases of writs of injunction, issued by judges of the superior Court. sect. 8. The party aggrieved, may bring a writ of error, from the determination of the county court, to the superior court, and from the determination of the superior court, to the supreme court of errors, in all cases, where material and manifest error shall appear of record, in any decree passed by the superior or county court. And courts of equity shall have power to grant new trials for new-discovered evidence, or any other reasonable cause, according to the course of proceedings in equity. sect. 9. Courts of equity may, at any time, permit the parties to amend any defect, mistake, or informality in bills, petitions or pleadings, in any suit pending before them, on the payment of lawful costs to the other party, at the discretion of the court: Provided. that the plaintiff may amend his bill within the three first days of the superior court to which it is returned, without costs: and
Superior court may direct the taking of depositions
to perpetuate testimony.
A judge of the superior court authorized to grant writs of injunction.
Facts to be supported by oath.
Chief judge of county court authorized to grant writs of injunction.
Writs of error
in all cases of the amendment of a bill or petition, the
(1) According to the former practice, the 1 Day, 156. This defeated the plaintiff of disclosure of the defendant on oath, when any benefit, in calling on the defendant for called upon by the plaintiff, was held to be a disclosure. To remedy this inconvenconclusive, and could not be questioned, ience, the present provision was introduced.
When no owner or heir appears, estate to escheat.
Judge of probate to enquire.
Treasurer to appoint agents to take care of and sell property escheated;
to give deeds;
and render account.
TITLE 31. Escheats.
An Act relating to the disposition of Escheats, and other property belonging to the state.
-- B'. it enacted by the Senate and House of RepSECT. 1. resentatives, in General Assembly convened, That when no owner or heir of any estate, real or personal, can be found, the same shall escheat, and belong to the state ; and it shall be the duty of judges of probate to make due enquiry, in their respective districts, after such estate, and to secure the same in the hands of an administrator, appointed for that purpose, and to give notice to the treasurer of the state, who is hereby impowered to receive it from such administrator, and to discharge him therefrom.
sect. 2. And the treasurer shall have power to appoint agents to manage and take care of all property that shall escheat to the state ; as well as of all lands or other property, to which the state has or may become legally entitled, by judgment or execution, for any debt, fine or forfeiture, or in any other way whatever, except lands belonging to the school fund: and such agents shall have power to sell and dispose of such property, at public or private sale, or on credit, on such terms as shall be approved of by the treasurer: who is hereby authorized to execute any deeds or conveyances, proper to transfer the same ; which shall be good and effectual: and the treasurer shall annually render an account to the general assembly of his proceedings, and credit the avails of the sales to the state: Provided, that if any heir or owner of such estate shall appear, he shall be entitled to the same, or if sold, to the avails thereof, after deducting the necessary expenses.
TITLE 32. Estates.
An Act for the settlement of Estates, testate, intestate, and insolvent.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That all persons of the age of twenty-one years, and of sound and disposing mind and memory, shall have power to dispose of their real estate, by will or testament: all persons of the age of seventeen years, and of sound and disposing mind and memory, shall have power to dispose of their personal estate, by will or testament : and married women shall have power to dispose of their estate, both real and personal, by will, in the same manner as other persons. sect. 2. That all wills shall be in writing, and subscribed by the testator; and no devise or devises of real estate, contained in any will or codicil, shall be held good and valid, unless such will or codicil shall be subscribed by the testator, and attested by three witnesses, all of them subscribing in the presence of the testator. sect. 3. If any beneficial devise, legacy or interest hath been, or shail be, made or given, in any will or codicil, executed after the first day of January, one thousand eight hundred and eight, to any person subscribing such will or codicil, as a witness to the execution thereof, such devise, legacy, or interest, shall, as to such subscribing witness, and all persons claiming under him, be nulland void; unless such willorcodicil be otherwise duly witnessed, according to this act: and such person shall be admitted as a witness to such will or codicil. in the same manner, as if such devise, legacy or interest had not been given. Provided such devise, legacy, or interest be not made to an heir at law of the testator: nor shall this section operate as to wills made prior to the first day of January, one thousand eight hundred and eight. sect. 4. Whenever a devisee or legatee in any last will and testament, being a child or grand-child of the testator, shall die before the testator, and no provision shall be made for such contingency, the issue, if any there be, of such devisee or legatee, shall take the estate devised or bequeathed, as the devisee or legatee would have done, had he or she survived the testator; and if there be no such issue, at the time of the testator's death, the estate
Who may make a will ;
of real estate;
of personal estate.
Wills must be in writing.
Devise or legacy to a subscribing witness, void.
If devisee or legatee die before testator, , estate shall go to his heirs.