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a certificate thereof by order and under the seal of said court.
Sec. 23. The clerks of the supreme court for the respective counties shall respectively make and keep a correct record of all proceedings under this act; and shall receive the sum of one dollar from each petitioner, at the time the petition shall be filed, and such other compensation for his services as is allowed by law to clerks of said court; and shall also receive at the same time for and pay to the court, one dollar on each petition filed.
Sec. 24. Nothing in this act contained shall be considered or construed in any manner to invalidate or impair any proceedings heretofore had under the act passed June, A. D. one thousand seven hundred and fifty-six, entitled “ an act for the relief of insolvent debtors," and the several acts heretofore passed in relation to such debtors, nor any discharge heretofore obtained in relation to such debtors, nor any discharge heretofore obtained in conformity to said act; but all such proceedings and discharges shall remain good and valid, and continue to have full force and effect in the same manner as if this act had not been passed.
An Act for quieting Possessions and avoiding Suits at Law.
the same, to make a title-rights of
infants, &c., saved—also those in reversion or remainder.
Whereas at the first settling of this state, and for sundry years afterwards, lands were of little or no value, and skilful men in the law were much wanted, whereby many deeds, grants and conveyances were weakly made, which may occasion great contests in law if not timely prevented; therefore, It is enacted by the General Assembly, as follows :
Section 1. All grants, charters and conveyances heretofore made by the general assembly unto any town, corporation, community or propriety, or to any other person or persons whosoever, shall be, and they hereby are ratified and confirmed as good and effectual to all intents and purposes in law, for the conveying all such lands, tenements, rights, privileges and profits as are therein mentioned, to the said towns, corporations, communities, proprieties, person or persons, and to their respective successors, heirs and assigns for
Sec. 2. Where any person or persons or others from whom he or they derive their title, either by themselves, tenants or lessees, shall have been for the space of twenty years in the uninterrupted, quiet, peaceable and actual seizin and possession of any lands, tenements or hereditaments, for and during the said time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, such actual seizin and possession shall be allowed to give and make a good and rightful title to such person or persons, their heirs and assigns for ever; and any plaintiff suing for the recovery of any such lands may rely upon such possession as conclusive title thereto; and this act being pleaded in bar to any action that shall hereafter be brought for such lands, tenements or hereditaments, and such actual seizin and possession being duly proved, shall be allowed to be good, valid and effectual in law for barring the same: provided, that nothing in this act shall be construed, deemed or taken to extend to prejudice the rights and claims of persons under age, non compos mentis, feme covert, or those imprisoned, or those beyond the limits of the United States; they bringing their suit therefor within the space of ten years next after such impediment is removed: provided further, that nothing above contained shall extend, or be construed or deemed to extend, to bar any person or persons having any estate in reversion or remainder, expectant or depending, in any lands, tenements or hereditaments, after the end or determination of the estate for years, life or lives; such person or persons pursuing his or their title by due course of law, within ten years after his or their right of action shall accrue; any thing in this act contained to the contrary notwithstanding.
An Act for the limitation of certain Personal Actions.
six years—others within four-others
twenty. 2. lf defendant be without the state, &c.,
when suit may be commenced. 3. If plaintiff be under age, &c. 4. Case of the death of either party. 5. Case of abatement, or arrest of judg
It is enacted by the General Assembly, as follows :
Section 1. All actions of trespass, trespass and ejectment, detinue or replevin ; all actions of account and upon the case, except on such accounts as concern trade or merchandize between merchant and merchant, their factors or
servants ; all actions of debt founded upon any contract without specialty; all actions of debt for arrearages of rents ; actions of debt for other causes, and all actions of covenant which shall be sued or brought at any time, after this act shall go into operation, shall be commenced and sued within the time herein after directed, and not after ; that is to say, the said actions upon the case, excepting actions for slander, and the said actions of account, and the said actions for debt, founded upon any contract without specialty, or brought for arrearages of rents, and all actions of detinue and replevin, shall be brought and commenced within six years after the cause of the said actions, and not after; the said actions of trespass, and trespass and ejectment, shall be brought within four years next after the cause of such action, and not after ; and actions upon the case for words within two years next after the words spoken, and not after; all actions of debt, other than those before specified, and all actions of covenant, within twenty years next after the cause of said actions, and not after.
Sec. 2. If any person against whom there is or shall be cause for any action herein before enumerated, shall, at the time such cause accrue, be without the limits of this state, or being within said state at the time such cause accrue, shall
go out of said state before said action shall be barred by this act, and shall not have or leave property or estate therein that can, by the common and ordinary process of law, be attached, then and in such case, the person entitled to such action may commence the same, within the time before limited after such persons return into this state.
Sec. 3. If any person at the time any such action shall accrue to him shall be within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the limits of the United States, such person may bring the same, within such time as is herein before limited, after such impediment is removed.
SEC. 4. If any person, for or against whom any of said actions shall accrue, shall die before the time limited for bringing the same, or within thirty days after the expiration of said time, and the cause of said action shall survive, such action may be commenced by or against the executor or administrator of the deceased person, as the case may be, at any time within one year after the granting of letters testamentary or of administration, and not afterwards, if barred by the provisions of this act.
Sec. 5. If any action duly commenced, within the time
limited and allowed therefor, in and by this act, shall be abated or otherwise avoided or defeated by the death of any party thereto, or for any matter, or if after verdict for the plaintiff the judgment shall be arrested, the plaintiff may commence à new action for the same cause, at any time within one year after the abatement or other determination of the original suit as aforesaid; and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence said new action, within the said one year.
An Act to prevent Frauds and Perjuries.
cases unless upon promises in writing.
It is enacted by the General Assembly, as follows:
SECTION 1. No action shall be brought whereby to charge any executor or administrator upon his special promise to answer any debt or damage out of his own estate, or whereby to charge the defendant upon his special promise to answer for the debt, default or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements or hereditaments, or the making of any lease thereof for a longer time than one year ; or upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.
SEC. 2. Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, interest or profit out of the same, by writing or otherwise, and every note, bill, bond, contract, suit, judgment or execution, had or made and contrived, of fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions, suits, debts, accounts, damages or just demands of what nature soever ; or to deceive or to defraud those who shall purchase bona fide the same lands, tenements, hereditaments, goods or chattels, or any rent, interest or profit out of them, shall be henceforth deemed and taken as against the person or persons, his, her or their heirs, successors, executors, administrators or assigns, and every of
them, whose debts, suits, demands, estạtes, rights or interests, by such guileful and covinous devices and practices as aforesaid, shall or might be in any wise injured, disturbed, hindered, delayed or defrauded, to be clearly and utterly void ; any pretence, color, feigned consideration, expressing of use, or any other matter or thing, to the contrary notwithstanding.
An Act establishing Courts of Probate.
SECTION 1. Town councils constituted courts of 11. Executor, administrator and guardian probate.
may resign trust—court of probate 2. Jurisdiction of courts of probate.
may appoint successor and require 3. Courts of probate may remove unfaith new bonds.
ful and incompetent executors, admin- 12. Town clerk to be clerk of probate. istrators and guardians.
13. Clerk being absent, court of probate 4. Before any removal, complaint to be may appoint clerk pro tem.
made by some person liable to be in- 14. Suits on bonds given to probate court jured thereby, and person complained to be in name of court and not in name of to have notice.
of persons composing court. 5. If executor, &c., removed, be sole ex- 15. Notice to be given by court of probate
ecutor, &c., new executor, &c., to be before passing certain decrees-kind appointed.
and mode of notice specified. 6. When executors, &c., bond insuffi- 16. Appeal granted to supreme court.
cient, new bond to be required, and he 17. Appeal when to be claimed and ap
neglecting to give it, to be removed. peal bond when to be given. 7. Administrator, &c., appointed in place 18. Reasons of appeal when to be filed,
of one removed, entitled to recover and adverse party when and how nopossession of goods, &c., in hands of tified.
the administrator, &c., removed. 19. Appeals when to be tried-facts may 8. No suit to abate by removal of an ex be determined by a jury. ecutor, &c.
20. If party appealing neglect to enter his 9. Courts of probate may grant license to appeal, decree appealed from may be
sell real estate of deceased persons and affirmed on complaint, by supreme wards to pay debts,&c.- terms of such court. licenses and sales.
21. Decree appealed from to be suspend10. On settlement of administrator's, &c., ed except in certain cases.
account embracing proceeds of sales 22. Municipal court of city of Providence of real estate, court of probate to ad a court of probate. judge whether terms of sale have been complied with.
It is enacted by the General Assembly, as follows :
SECTION 1. The town councils of the several towns in this state are hereby constituted and ordained courts of probate, within their respective towns. The major part of the members elected shall be a quorum for doing business, and the major part of those present at any legal meeting may decide upon any matter before them.
Sec. 2. Every court of probate shall have full power and authority to take the probate of wills, and to grant administration on the estates of persons deceased, being at the time of their decease inhabitants of or residents in the town to which such court of probate may belong; and also on the es