R. L. 111, § 237, amended. for carrying mails, how determined. scribed with the words "County Police" and the name of the county for which they are appointed. Such officers may preserve order in any court house or in any room or building used for county business and upon the adjoining premises. They may, without a warrant, arrest idle, intoxicated or disorderly persons who by their presence or conduct obstruct or annoy persons using county buildings or premises, or who violate the provisions of section eightyone of chapter two hundred and eight, and may take persons so arrested to the nearest police station or other place of lawful detention. SECTION 13. Section two hundred and thirty-seven of chapter one hundred and eleven of the Revised Laws is hereby amended by striking out the word "by", in the twelfth line, and inserting in place thereof the word:Compensation to, so as to read as follows: Section 237. A corporation which is unable to agree with the postmaster general or other proper officer of the United States as to the compensation to be paid for such transportation may notify the postmaster general of its unwillingness to carry the mails upon the terms proposed; and after the expiration of three months from the depositing of such notice in a post office in this Commonwealth, addressed to the postmaster general, such corporation shall be absolved from the duty imposed in the preceding section, unless he or some officer or agent of the post office department within that time has filed a petition in the supreme judicial court in any county, praying for the appointment of three commissioners to fix the price to be paid to the corporation for such service; and the court, after due notice to the corporation, shall appoint three commissioners to hear the parties and determine such compensation, the award of a major part of whom, being made to and confirmed by said court, shall be final as to all past service and for the period of two years after such confirmation. R. L. 144, § 1, amended. SECTION 14. Section one of chapter one hundred and forty-four of the Revised Laws is hereby amended by inserting after the word "Commonwealth", in the seventh line, the words: - or if abandoned property of a person who is not a resident of the Commonwealth is found therein and no agent therein is authorized to take care thereof, by striking out the word "his", in the eighth line, and inserting in place thereof the word: - the, by inserting after the word "estate", in the same line, the - 66 words: of such resident,- by inserting after the word "child", in the ninth line, the words: - or if abandoned property belongs to such non-resident any suitable person, - by striking out the comma after the word "absentee", in the twelfth line, and inserting the words: - or of such non-resident, by striking out the word "his", in the thirteenth line, and inserting in place thereof the word: - the, by striking out the comma after the word disappearance", in the thirteenth line, — by inserting a comma after the word "made", in the fifteenth line, and by striking out the word "his", in the same line, and inserting in place thereof the word: the,—so as to read as follows:- Section 1. If a resident of the Petition for Commonwealth having property therein has disappeared, receiver. appointment of absconded or is absent therefrom and has left no agent therein and his whereabouts are unknown; or if such resident, who has a wife or minor child dependent upon him wholly or partly for support, has disappeared without making sufficient provision for such support and his whereabouts are unknown, or if it is known that they are without the Commonwealth; or if abandoned property of a person who is not a resident of the Commonwealth is found therein and no agent therein is authorized to take care thereof, a person who would be entitled to administer upon the estate of such resident if he were dead, or such wife, or a person in behalf of such wife or minor child, or if abandoned property belongs to such non-resident any suitable person, may file a petition, under oath, in the probate court for the county in which any such property is located or found, stating the name, age, occupation and last known residence or address of such absentee or of such non-resident, the date and circumstances of the disappearance and the names and residence of the family of such absentee and of other persons of whom inquiry may be made, and containing a schedule of the property, real and personal, so far as known, and its location within the Commonwealth, and praying that such property may be taken possession of and a receiver thereof appointed under the provisions of this chapter. SECTION 15. Section three of chapter one hundred R. L. 144, § 3, and forty-four of the Revised Laws is hereby amended by inserting after the word "absentee", in the third line, the words: or non-resident, so as to read as folSection 3. Section 3. Upon the return of such warrant, lows: amended. Notice may be issued on return of warrant. R. L. 144, § 4, amended. Notice to be published, etc. R. L. 144, § 5, amended. Petition may be dismissed or receiver appointed, etc. Receiver to give bond. the court may issue a notice which shall recite the substance of the petition, warrant and officer's return and shall be addressed to such absentee or non-resident and to all persons who claim an interest in said property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the officer's schedule should not be appointed and said property held and disposed of under the provisions of this chapter. The court shall SECTION 16. Section four of chapter one hundred and forty-four of the Revised Laws is hereby amended by striking out the word "cause ", in the third line, and inserting in place thereof the word: - order, by inserting after the word "absentee ", in the ninth line, the words or non-resident, and by striking out all of said section after the word "Commonwealth ", in the tenth line, so as to read as follows: Section 4. The return day of said notice shall be not less than thirty nor more than sixty days after its date. order said notice to be published in one or more newspapers within the Commonwealth, once in each of three successive weeks and to be posted in two or more conspicuous places in the city or town in which the absentee last resided or was known to have been either temporarily or permanently and upon each parcel of land named in the officer's schedule, and a copy to be mailed to the last known address of such absentee or non-resident. The court may order other and further notice to be given within or without the Commonwealth. SECTION 17. Section five of chapter one hundred and forty-four of the Revised Laws is hereby amended by inserting after the word "absentee ", in the first line, the words: or non-resident, so as to read as follows: Section 5. The absentee or non-resident and any person who claims an interest in any of the property may appear and show cause why the prayer of the petition should not be granted. The court may after hearing dismiss the petition and order the property in possession of the officer to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the officer and named in his schedule. If a receiver is appointed the court shall find and record the date of the disappearance or absconding of the absentee; and such receiver shall give bond to the judge of probate and his successors in office in such sum and with such condition as the court orders, with a company named in section. sixty-one of chapter one hundred and eighteen and approved by the court as surety thereon. amended. additional prop SECTION 18. Section seven of chapter one hundred and R. L. 144, § 7, forty-four of the Revised Laws is hereby amended by inserting after the word "absentee", in the third line, the words or of any additional abandoned property which belongs to such non-resident, so as to read as follows: -Section 7. Such receiver upon petition filed by him Possession of may be authorized and directed to take possession of any erty, etc. additional property within the Commonwealth which belongs to such absentee, or of any additional abandoned property which belongs to such non-resident, and to demand and collect all debts due such absentee from any person within the Commonwealth, and hold the same as if it had been transferred and delivered to him by the officer. amended. and sale of SECTION 19. Section eight of chapter one hundred R. L. 144, § 8, and forty-four of the Revised Laws is hereby amended by inserting after the word "absentee ", in the eighth line, the words: or of the non-resident, so as to read as follows:- Section 8. The court may make orders for Management the care, custody, leasing and investing of said property property. and its proceeds. If any of said property consists of live animals or is perishable or cannot be kept without great or disproportionate expense, the court may, at any time after the return of the warrant, order such property to be sold at public or private sale. After the appointment of a receiver, upon his petition and after notice, the court may order all or part of said property, including the rights of the absentee or of the non-resident in land, to be sold at public or private sale to supply money for payments authorized by this chapter or for reinvestment approved by the court. - amended. SECTION 20. Section twelve of chapter one hundred R. L. 144, § 12, and forty-four of the Revised Laws is hereby amended by inserting after the word "receiver", in the first line, the words of the property of an absentee, and by adding at the end of said section, the words: - If within fourteen years after the date of the appointment of such receiver of the property of a non-resident, said non-resident or an administrator, executor, assignee in insolvency, or trustee in bankruptcy, of said non-resident does not Limitation if receiver is not appointed within thirteen years. appear and claim said property or its proceeds, all the right, title and interest of said non-resident in and to said property, real or personal, or the proceeds thereof shall be barred, and no action, suit or petition in any form shall be begun by said non-resident after the expiration of said fourteen years for or on account of said property or its proceeds; and the remainder thereof shall be distributed as provided in section eleven, as if said nonresident had died intestate on the day fourteen years after the date of the appointment of the receiver, so as to read as follows: Section 12. If such receiver of the property of an absentee is not appointed within thirteen years after the date found by the court under the provisions of section five, the time limited for accounting for, or fixed for distributing, said property or its proceeds, or for barring actions relative thereto, shall be one year after the date of the appointment of the receiver instead of the fourteen years provided in the two preceding secRight to prop- tions. If within fourteen years after the date of the barred if claim appointment of such receiver of the property of a nonwithin fourteen resident, said non-resident or an administrator, executor, assignee in insolvency, or trustee in bankruptcy, of said non-resident does not appear and claim said property or its proceeds, all the right, title and interest of said nonresident in and to said property, real or personal, or the proceeds thereof shall be barred, and no action, suit or petition in any form shall be begun by said non-resident after the expiration of said fourteen years for or on account of said property or its proceeds; and the remainder thereof shall be distributed as provided in section eleven, as if said non-resident had died intestate on the day fourteen years after the date of the appointment of the receiver. erty, etc., is not made years. R. L. 152, § 13, amended. Guardian for insane libellee. R. L. 154, § 2, amended. SECTION 21. Section thirteen of chapter one hundred and fifty-two of the Revised Laws is hereby amended by striking out the word "becomes ", in the first and second lines, and inserting in place thereof the word: - is, so as to read as follows:- Section 13. If during the pendency of a libel the libellee is insane, the court shall appoint a suitable guardian to appear and answer in like manner as a guardian for an infant defendant in an action at law may be appointed. SECTION 22. Section two of chapter one hundred and fifty-four of the Revised Laws is hereby amended by |
