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lace as the court shall appoint, by posting up the same in the town where the deceased last dwelt, and by advertising the same in a newspaper printed in the county where the deceased person dwelt, (if any there be,) if not, then in an adjoining county ; and also, in any other newspaper, which the court may designate for that purpose; to be heard relative to the appointment of commissioners, to receive and examine the claims of the creditors of such estate; and after such hearing, said Appointment court shall appoint two or more disinterested and judiof commis- cious persons, with power to receive, examine, and alsioners to ex- low the claims of the several creditors, which shall be ** proved, by legal evidence, to be justly due : which commissioners shall be sworn according to law, and shall cause the times and places of their meetings, for attending Notice to be the creditors to receive and examine their claims, to be given to credi- made known and published, by setting up notifications tors. thereof in some public places in the town, where the deceased person dwelt, and also by advertising the same in a newspaper, printed in the county where the deceased person dwelt, if any there be, and if none, then in an adjoining county ; and such further notice as the court of probate may order. And the said court of proTimes within bate shall allow six, ten, or eighteen months, as the cirwhich credi- cumstances of the estate may require, for the creditors to . "...” bring in their claims, and prove their debts; and after ibit their - - - - - - - claims. the expiration of such limited time, the commissionReport of ers shall make their report, containing a list of all the commission claims by them allowed ; and such court shall allow ets. them a reasonable compensation for their services, out of the estate of the deceased. Appeal from sect. 41. Whenever any person shall be aggrieved. .." by the doings of the commissioners, in allowing or reject- ing a claim or demand, upon an insolvent estate, and the matter in demand shall exceed the value of seventy dollars, such aggrieved person may, within fifteen days after the report of commissioners is returned into court, file his or her motion, praying a review of such claim or demand ; and thereupon the judge of probate, with one judge of the county court, and one justice of the peace in the county, shall, as speedily as may be, hear the parties, and, according to the justice of the case, render judgment to establish, reject, or correct such report, so far as regards such claim ; and the judge of probate shall conform himself to such judgment in proceeding upon ... such estate : from which judgment, and the acceptance of the report of commissioners, there shall be no appeal. And no executor or administrator on an insolvent estate shall, in any other manner, contest the proof or validity of

any claim or demand, allowed or established as aforesaid.
Provided, however, that such aggrieved person, shall, at
the time of filing his or her motion as aforesaid, give suffi-
cient security, to the acceptance of the judge of probate,
that he or she will pay to such judges and justice of the
peace, each, at the rate of two dollars per day, and the
fees of travel, as established by law, for their services as
aforesaid, in case he or she, on a hearing of such claim,
shall fail to obtain a judgment for the alteration of such
report: otherwise, such expence shall be paid from the
insolvent estate.
sect. 42. No suit (except for debts due to the state, or
for last sickness and funeral charges) shall be brought
against the executor or administrator, of an insolvent
estate, so long as the same shall be depending for settle-
ment: and in case judgment shall be rendered in a suit,
before the estate was represented insolvent, execution
shall be stayed till the estate can be settled, according to
this act: and the judgment creditor shall receive his aver-
age, or proportion of the estate, with the other creditors:
and in case that be not paid, on the settlement of the
estate, such creditor, shewing the same, and producing a
certificate of his average, the court shall order execution
to issue on such judgment for the same.
sect. 43. If on the report of the commissioners, such
estate shall appear to be insolvent, the court of probate,
to whom such report is made, shall order and set out to
the widow of the deceased, if any be, such necessary
household goods, to be her own property, as are exempt-
ed from execution by law; and the court shall order the
widow’s dower to be set out according to law : and the
residue and remainder of said estate, both real and per-
sonal, including the widow’s dower, subject to the incum-
brance of her estate for life, said court shall order and
direct the executor or executors, administrator or admin-
istrators, appointed to administer on such estate, to sell, ,
in such manner as shall appear to said court to be best
for the creditors ; and notice of such sale shall be pub-
lished in a newspaper printed in the county where the
estate lies, if there be any, if not, in an adjoining county:
and such executors and administrators shall have power
to make sale thereof, and to execute proper conveyances
to the purchasers, which shall be valid in law : Provided,
that at any time, during the settlement of the estate, the
court of probate shall have power to order the sale of
the whole, or any part, of the insolvent's personal estate.
sect. 44. And such sales being made, the executors or
administrators shall render an account to the court of
probate, of the amount thereof, and the monies arising

Suits not to be brought pending the settlement of an estate.

Necessaries for widow.

Order of sale.


Provision for creditors failing to present their claims within limited time.

Assignees to pay debts due to the state, in full.

Sureties having paid the state, entitled

therefrom ; and said court shall direct the payment of
the debts and demands against the estate to be made in
the following manner: the funeral expenses, and incident
charges of settling and selling the estate; debts due for
the last sickness of the deceased ; taxes and debts due
to the state ; and the debts of the several creditors,
as allowed by the commissioners, in proportion to the sum
found to be due.
sect. 45. Every creditor, who shall not exhibit and
make out his claim to the commissioners, before the ex-
piration of the time limited for that purpose, shall be
forever debarred of his or her debt; unless he or she
can shew some other or further estate, not before discov-
ered, and put in the inventory; who, on discovery there-
of shall give notice to the executor or administrator: and
in such case, it shall be the duty of the executor or ad-
ministrator, to make an additional inventory, compre-
shending such new discovered estate, and present the
same to the court of probate: and such estate shall be
sold and disposed of as the other estate of the deceased.
The judge of probate shall examine the claim of such
creditor, and allow such part thereof, as shall appear
to be justly due ; and after deducting the additional
charges, shall order so much of the avails of the new
discovered estate to be paid to him, as will make him
equal to the other creditors, if sufficient; if not, then the
whole shall be paid to him ; but if there should be more
than sufficient, then the surplus shall be equally divided
and averaged among all the creditors of such insolvent


An Act securing to the State a priority of claim against the estates of Insolvent Debtors.

SECT. 1 B'. it enacted by the Senate and House of Rep-
- - - resentatives, in General Assembly convened,
That whenever the estate of an insolvent debtor shall be
in the hands of assignees, either in pursuance of an insol-
vent act, or by voluntary assignment, it shall be the duty
of such assignees, to pay all debts due to this state from
such debtor, out of the avails of such estate, in full, before
any average or distribution is made among the other cred-
sect. 2. If the principal, in any bond or contract giv-
en to the state, or the treasurer, for the use of the state,
shall be insolvent, or being deceased, shall not have left

sufficientestate to pay all his debts, and any surety or sureties, on such bond or contract, shall pay the money due to the state, he or they shall have the same priority as to payment of the debt out of the estate of the principal, as is secured to the state.

TITLE 33. Fences.
An Act concerning Fences and Common F ields.

E it enacted by the Senate and House of Rep3ECT. 1. B resentatives, o, General Assembly ...; That the proprietors of lands shall make and maintain sufficient fence or fences to secure their particular fields and enclosures : and a rail fence, four feet and a half high, a stone wall four feet high, well and substantially erected, and any other fence, either of rails, boards, hedge, ditch, brooks, rivers or creeks, which, (in the judgment of fence-viewers,) shall be equal to a rail fence four feet and a half high, shall be deemed a sufficient and lawful fence. sect. 2. When adjoining proprietors inclose their land in severalty, each shall make and maintain one half of the divisional fence: and when adjoining proprietors make a divisional fence, of posts and rails, boards, or a hedge fence, each shall be allowed twelve inches from the dividing line to break the ground, to set in the posts and stakes ; but the posts shall stand in the dividing line: and in making a stone wall, or other fence, each proprietor shall be allowed to set one half of the width on each side of the dividing line, provided it does not exceed one foot and a half from the dividing line, upon the land of the adjoining proprietor; and, except in the case of house or home lots, four feet shall be allowed for a ditch from the dividing line; provided, the party making the ditch, shall lay the bank upon his own land. sect. 3. If one proprietor shall first occupy his land, and make the whole fence, and afterwards the adjoining proprietor shall occupy the adjoining land, by particular enclosure, he shall purchase one half of the divisional fence, and maintain the same ; and if the parties do not agree in dividing and appraising said fence, the party aggrieved may call on the select-men of the town, or a major part of them, who may divide and set out to each party, his equal proportion of said fence, and determine how much the party, last occupying, shall pay for the fence to the party erecting the same ; an account of which, under the hands of the select-men, shall

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When fence shall be divided.

How to proceed, when divisionalfence is not in repair;

and when one lays open his inclosure.

How to make divisional

fence, when it cannot be placed in the line.

be sufficient evidence for the party, who erected said
fence, to recover the same from the party last occu-
pying, as aforesaid.
sect. 4. Whenever there has been a fence between
adjoining proprietors, which has never been divided,
and either party refuses to divide the same, the other
party may call on the select-men to make a division, and
the select-men shall set out the better part, (if any there
be,) to him who erected it, or holds under him who erect-
edit; and the cost shall be paid by him who wilfully re-

fused to make such division, to be recovered, in a proper

action, by the other party; and a certificate of the
amount of such cost, under the hands of the select-men,
shall be sufficient evidence. And the division of fences,
made as aforesaid, and recorded in the records of the
town where the lands lie, shall be valid and binding on
the parties.
sect. 5. If any person, who ought to maintain any di-
visional fence, shall refuse or neglect to keep it in suffi-
cient repair, the party aggrieved shall have power to call
on the ... to view the same, and if they find
such fence to be insufficient, they shall, without delay,
give notice, in writing, of such insufficiency, to the per-
son or persons who are bound to repair it; and if he or
they do not, within six days, put the same in sufficient
repair, then it shall be lawful for the party aggrieved to
do it; and when the same shall be ... and judg-
ed sufficient, by said fence-viewers, they shall estimate
the value of such repairs, and make a certificate thereof,
under their hands, with an account of their fees; and the
party aggrieved shall have right to recover the same of
the party who ought to have made such repairs, and on
his neglect or refusal to make payment, for thirty days,
after demand made, the party aggrieved may sue for and
recover it, by an action on the case, before any court
proper to try the same.
sect. 6. No person shall lay open his inclosures to the
common, and remove the divisional fence, without giving
three months' notice to the adjoining proprietor; who
shall have a right to purchase the same, on paying the
value thereof; and if the parties cannot agree, it shall be
determined by either two of the select men of the town.
sect. 7. When the dividing line between adjoining
proprietors, shall be a river, brook, pond, or creek, which
is not a sufficient fence, and it is impracticable to make
the fence in the line, if either party shall refuse to make
a divisional fence, on one side, or the other, then either
two of the select-men of the town, shall, on application of
either party, desirous of making such fence, determine on

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