CHAP 101. Sec. 5, ch. 77, R. Equity powers of S. J. court in certain cases. Chapter 101. An act to amend section five of chapter seventy-seven of the Revised Statutes, relating to Equity Powers. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section five of chapter seventy-seven of the revised statutes, is hereby amended by adding thereto the following specification: 'Tenth. In suits for the re-delivery of goods or chattels, taken or detained from the owner and secreted or withheld, so that the same cannot be replevied, and in bills in equity by a creditor or creditors, to reach and apply in payment of a debt, any property, right, title or interest, legal or equitable, of a debtor or debtors residing or found within this state, which cannot be come at to be attached on writ, or taken on execution in a suit at law against such debtor or debtors, and which is not exempt by law from such attachment and seizure.' Approved February 18, 1876. Assignees of judgments may sue out writ of scire facias if estate does not pass by levy. Levy may be set aside. Another execution may issue. Assignee may bring action of debt. Chapter 102. An act authorizing Assignees of Judgments to bring scire facias. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. When a judgment has been assigned for a valuable consideration, and bona fide, in writing, and a levy of an execution, issued on such judgment has been made, and the estate does not pass by the levy, and the creditor dies after the levy, the assignee may sue out of the office of the clerk issuing such execution, a writ of scire facias, setting forth the facts aforesaid therein, and requiring the debtor to show cause why another execution should not be issued on the same judgment, in the name and for the benefit of the plaintiff in the scire facias; and if the debtor, after being duly summoned, does not show sufficient cause why it should not be done, the levy may be set aside; and the court from which said execution issued, shall have power to order and issue another execution on the same judgment, for the amount of the original debt and interest and costs, in the name and for the benefit of such plaintiff, and against such debtor and his property, in the usual form now established by law, with necessary charges. SECT. 2. And in all cases where a judgment has been thus assigned and is not discharged, the assignee may bring an action of debt on such judgment in his own name; and upon averment ISSUES IN EQUITY CASES.-SALES OF REAL ESTATE. 75 and proof of the facts aforesaid, the court may render judgment CHAP. 103. and execution thereon in his favor; subject, however, to any legal defence which the debtor might have if the action were instituted by the original creditor. Approved February 18, 1876. Chapter 103. An act relating to the framing of Issues in Equity cases. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Court may frame issues of fact to be tried in equity cases. SECT. 1. After the pleadings are filed, and before the testimony is taken in any suit in equity, the court sitting in the county where the same is pending may, at the request of either party, frame issues of fact to be tried by a jury; provided, that the party Proviso. desiring such trial give notice thereof to the other party, by inserting such notice, if plaintiff in his replication, and if defend ant, in his answer. SECT. 2. All acts and parts of acts inconsistent with the pro- Inconsistent acts visions of this act are hereby repealed. SECT. 3. This act shall not apply to any bill in equity now pending. Approved February 18, 1876. repealed. Act not to apply to cases pending. Chapter 104. An act to amend section sixteen of chapter seventy-one of the Revised Statutes, relating to sales of real estate by license of court. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section sixteen of chapter seventy-one is hereby so amended Sec. 16, ch. 71, that it shall read as follows, to wit: R. S., amended. may authorize executor or administrator to convey estate on contract made by persons before decease. 'SECT. 16. When it appears to the judge of probate having Judge of probate jurisdiction, that any deceased person in his lifetime made a legal contract to convey real estate and was prevented by death from so doing, or that such deceased person, in his lifetime made such a contract to convey an estate upon condition, which in its nature could not be fully performed before the decease of such person, and that in either case the person contracted with or petitioner has performed or is ready to perform the conditions required of him by the terms thereof, he may on the petition of such person, CHAP. 105. his heirs, assigns or legal representatives, authorize the executor or administrator, or special administrator of the deceased, or when there is no executor or administrator, the guardian of the heirs of the deceased, to execute deeds to carry said contract into effect; and when such conveyance is made to an executor or administrator, he shall stand seized of such estate to the same uses as in case of real estate set off to him on execution.' Conveyance, when made, to executor or administrator. Approved February 18, 1876. Sec. 47, ch. 51, Trustees of rail how filled. Chapter 105. An act to protect the rights of Railroad Stockholders and Bondholders. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Amend section forty-seven of chapter fifty-one of revised statutes, by striking out the words "or take the place of others holding the trust; but no trustee shall be thus removed until he is paid for all that is due him, and secured against all liabilities assumed by him as such trustee," between the words "vacancies," at the end of the fifth line, and the word "any," in the eighth line, and by inserting in the place of the words so struck out the words, when no other method for filling vacancies is specifically provided in the appointment, special law, or mortgage,' so that the said section, as amended, shall read: 'SECT. 47. When a railroad corporation mortgages its franroads, vacancies, chise for the payment of its bonds or coupons, and trustees are appointed by it, or by special law, or by the mortgage, the bondholders, at a regular meeting called for the purpose and notified as hereinafter provided, may, from time to time, elect by ballot new trustees to fill vacancies, when no other method for filling vacancies is specifically provided in the appointment, special law or mortgage. Any party interested may present the S. J. court shall proceedings of such meeting to the supreme judicial court, or to a justice thereof in vacation, who shall appoint a time of hearing, and order such notice to parties interested as he deems proper, and may affirm such elections, and make and enforce any decrees necessary for the transfer of the trust property to the new trustees. All such decrees shall be filed with the clerk of the court where the hearing is had, and recorded by him.' appoint time of hearing, may order notice, affirm elections and enforce decrees. Decrees to be filed with clerk of courts. Approved February 18, 1876. Chapter 106. An act to amend chapter thirty, section nine, of Revised Statutes, relating to Deer. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section nine of chapter thirty of the revised statutes, is hereby amended by adding the following proviso: Provided, that no person shall kill, or expose for sale, or have in possession, except alive, at any time, any deer, with the intention of sending or transporting, or of having the same sent or transported, beyond the limits of this state.' Approved February 18, 1876. CHAP. 106. Sec. 9, ch. 30, R. S., amended. Proviso. Chapter 107. An act additional to chapter four of the Revised Statutes, relating to Elections. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. In cities containing three thousand and more qualified voters, the aldermen shall be in open session on each of not less than five secular days next preceding any day of election, when a list of voters is required, at some convenient place, to receive evidence of the qualifications of voters whose names are not on the list; and on satisfactory evidence produced at such session they shall enter the names of the persons qualified on the list for the proper ward; and for said purposes said aldermen shall be in session from nine to twelve o'clock in the forenoon, and from two to five o'clock in the afternoon on each of said days. SECT. 2. This act shall take effect when approved. Approved February 19, 1876. Aldermen of cities to be in session five days to receive qualification of voters. shall enter qualified on lists. shall be in seshours. names of persons sion certain Chapter 108. An act to amend section thirty, chapter sixty-three of the Revised Statutes, relating to Fees. Be it enacted by the Senate and House of Representatives in Legis ature assembled, as follows: R. S., amended. Section thirty of chapter sixty-three of the revised statutes is Sec. 30, ch. 63, hereby amended by striking out in the fourth line the words "not exceeding two dollars a day," and inserting the words 'a reasonable compensation therefor', so that said section as amended shall read as follows: 78 CHAP. 109. Compensation for appraisers of estates, &c. -witnesses before probate court. -how paid. ESTATES OF DECEASED PERSONS.-SOLEMNIZATION OF MARRIAGES. 'SECT. 30. Appraisers of estates, commissioners for examining claims against insolvent estates or determining disputed claims, and commissioners appointed to make division of estates and for assigning widows' dower, may be allowed a reasonable compensation therefor, for the time actually employed, including travel and expenses. Witnesses to the execution of wills, or in any issue before the Probate court, one dollar a day, and six cents a mile, going and returning; the fees of witnesses to wills, appraisers, and commissioners on insolvent estates, or disputed claims, shall be paid by the executors, administrators, trustees or guardians, and allowed in the settlement of their accounts.' Approved February 21, 1876. Ch. 65, R. S., amended. Proceeds of sale of land under a disposed of. Chapter 109. An act to amend chapter sixty-five of the Revised Statutes, relating to the distribution of the estates of persons deceased out of the state. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Chapter sixty-five of the revised statutes is hereby amended by adding thereto the following section: 'SECT. 39. Where lands in this state held in trust under a foreign will, how foreign will, for persons non-resident here have been sold, the probate court for the county in which the will has been allowed may, in its discretion, order the money to be transmitted to the trustee, if there is any, in the state or country where the testator had his domicil.' Approved February 21, 1876. Sec. 15, ch. 59, amended. Chapter 110. An act to amend sections eleven and fifteen of chapter fifty-nine of the Revised Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section fifteen of chapter fifty-nine of the revised statutes, is hereby amended, by striking out the words "annually by the fifteenth of April," and substituting therefor the words, 'by the fifteenth day of each month,' and by striking out the words, "the year ending the last day of March," and substituting therefor the words, 'for the preceding month,' so that said section, as amended, shall read as follows: |