Ibid. s. 3. Stat. 1793, c. 41, 3.2. Ibid. appeal is made until after the return of the freeholders, and the judgment of the court thereon, the judgment, that partition shall be made, shall not, by such appeal, be again called in question. And the supreme judicial court shall, upon the complaint of the appellee, (in case the appellant shall fail to enter or prosecute his appeal) affirm the former judgment, and cause such other proceedings to be had thereon as to have partition completed in the same way and manner as if the proceedings had been originally commenced in that court. In all actions of partition, the same rule and regulations shall take place, with respect to an appeal from an interlocutory judgment of the court of common pleas, that partition shall be made, as is prescribed, upon the like judgment upon a petition for partition. VIII. Proceedings, in such case, when any messuage, &c. shall be of greater value than either party's share in the estate divided. When any messuage, tract of land, or other real estate shall be of greater value than either party's purparty or share in the estate to be divided, and cannot at the same time be subdivided, and part thereof assigned to one, and part to another without great inconvenience, the same may be settled or assigned to one of the parties, such party to whom the same shall be so assigned, paying such sum or sums of money to such party or parties as by means thereof have less than their share of the real estate, as the committee appointed to make partition shall award. IX. Proceedings in such case, when an interested party refuses to pay his proportion of the charges of partition. When partition shall be made, if any one or more of the interested parties applying, shall neglect or refuse to pay their just proportion of the charges which may attend such division, it shall and may be lawful for the said court who ordered the partition, to issue an execution against the delinquent or delinquents interested, and applying as aforesaid; provided an account of such charge be first laid before the said court who ordered the partition, and the just proportions of the persons interested, settled and allowed, they having been duly notified to be present at such settlement and allowance. X. In what cases there may be a renewal of partition. If any partner shall have a larger share set off than is such partner's true and real interest, or if any share set off should be more than equal in value to the proportion it was set off for; then and in every such case, upon complaint (to the court which caused such partition to be When one partner had set off to him more than his share, and the aggrieved partner was out of the state, or had not made) within three years of the making thereof, by an seasonable notice. aggrieved partner or partners, who, at the time of making such partition were out of the state, and not notified thereof seasonably to be present at the same, the said court shall cause partition thereof to be made anew. What shall be taken from each share, in new partition. And in such new partition so much and no more shall Ibid. be taken off from any share, as such share shall be adjudged, more than the proportion of the whole it was designed for, estimating such lands or real estate as in the state they were in when first divided. Ibid. Improvements to be And in case any improvements shall be made on the part that may by such new partition be taken off as aforesaid, the partner who made such improvements shall have considered. reasonable satisfaction made him by the partner or partners to whose share the same shall be added, by the estimation of the freeholders employed in making such new partition, or the major part of them. And the justices of the same court who ordered parti- 1bid. tion, are also empowered to issue execution for such sa- Court empowered to tisfaction, and for costs in such new partition, the same being first taxed and allowed in the said court. issue executions. TITLE CXIII. PAUPERS. 1. DUTY of towns to support paupers. 2. Of overseers of the poor. 3. Mode of compelling individuals to support their poor kindred. 4. Duty of overseers to provide for distressed persons, not having a legal settlement within their town. 5. Of the relief, removal and burial of paupers, having no legal settlement within the commonwealth. 6. Of the removal of paupers, by complaint to a justice of the peace. 7. Proceedings upon such complaint. 8. Right of appeal from the judgment of the justice, and proceedings in the appellate court. 9. Of the removal of paupers, by complaint to the court of common pleas. 10. Of the writ of error for reversal of the judgment of the common pleas, and proceedings thereupon. 11. In what county pauper causes, brought by certain towns, must be prosecuted. 12. Of notice by the overseers of the complainant town, to the overseers of the town where the pauperis supposed to have his legal settlement; and in what cases such notice shall preclude the respondent town from contesting the question of settlement. 13. Penalty for bringing and leaving a pauper in any town, wherein he has not a legal settlement; and liability of a pauper who, after lawful removal, returns to the place from whence he was removed. 14. Of the evidence which must accompany accounts exhibited for the support of the poor of the commonwealth. I. Duty of towns to support paupers. Every town and district within this commonwealth shall be holden to relieve and support all poor and indigent persons, lawiully settled therein, whenever they shall stand in need thereof; and may vote and raise moneys therefor, and for their employment, in the same way that moneys, for other town or district charges are voted and raised. Every town and district shall be holden to pay any expense which shall be necessarily incurred for the relief of any pauper, by any inhabitant, not liable by law, for his or her support, after notice and request made to the overseers of the said town or district, and until provision shall be made by them. A town, in which a prison is situated, is held to support a pauper confined in prison for debt, whether he has a legal settlement in any other place or not, after due application to the overseers. II. Of overseers of the poor. Every town and district may, at their annual meeting, choose any number, not exceeding twelve, of suitable persons, dwelling therein, to be overseers of their poor; and where such are not specially chosen, the selectmen shall be overseers of the poor, ex officio. Stat. 1793, c. 59, s. 1. Ibid, s. 13. 2 Cargill v. Wiscasset; Stat. 1793, c. 59, s. 1. When chosen. Ibid. s. 2. Their power and So, the overseers shall have the care and oversight of all such poor and indigent persons, so settled in their respective towns and districts; and shall see that they are duty. suitably relieved, supported and employed, either in the work-house or other tenements belonging to such towns or districts, or in such other way and manner, as they, at any legal meeting, shall direct, or otherwise, at the Ibid. s. 15. secute or defend ac tions brought by or against any town. discretion of said overseers, at the cost of such town or district. So in all actions and prosecutions by complaint, founded on the statute, for or against any town or district, or Their power to pro- against any individual, the overseers of the poor thereof, or any person, by writing, under their hands, appointed, shall and may appear, and prosecute or defend the same to final judgment and execution, in behalf of such town or district, and every act or thing required or authorized by them to be done by the statute, may be done by them or the major part of them. Ibid. s. 3. In what degree the kindred must be related. Ibid. Complaint to the court of common pleas. Summons to the party. III. Mode of compelling individuals to support their poor kindred. The kindred of any poor person, if any he shall have, in the line or degree of father or grand-father, mother or grand-mother, children or grand-children, by consanguinity, living within this commonwealth, of sufficient ability, shall be holden to support such pauper, in proportion to such ability. And the court of common pleas in the county where any such kindred, to be charged, shall reside, upon complaint made by any town, district or kindred who shall have been at any expense for the relief and support of any such pauper, (which complaint being filed in the clerk's office of any such court, and summons thereon issued, directed to, and served by any proper officer to serve original summons, and in the manner they are by law to be served, fourteen days before the sitting of such court, shall be sufficient to hold the persons summoned to answer thereto) may, on due hearing, either upon the appearance or default of the kindred so summoned, assess Power of the court to and apportion such sum as they shall judge reasonable therefor, upon such of said kindred as they shall judge of sufficient ability, and according thereto, to the time of such assessment, with costs; and may enforce payment thereof by warrant of distress. Provided, such assess Service of such summons. assess the party summoned. Costs. Warrant of distress. |