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THOMAS SIM LEE, Esq; Governor.
II. And be it
enacted, That in all cases where the commissioners hall hereafter
take into possession real or personal property supposed to belong to the
state,
every person claiming any right or interest in the same, shall deliver
to the commissioners
in writing his claim to the said property, within one year after the
commissioners shall take the said property into their possession, and shall
commence
and prosecute his action within six months thereafter; all which actions
shall be brought against the state as defendant, by issuing a summons in
personal
actions, directed to the commissioners, or any one of them, or to the attorney-general,
and sending with such summons a short note expressing the cause of action,
and in ejectments, by sending a copy, to be delivered to either of the
commissioners,
or to the attorney-general. |
1782.
CHAP.
LX.
Hereafter, in
one year, &c. |
III. And be
it enacted, That every person who shall neglect to deliver in his
claim as aforesaid, or who shall neglect to prosecute his action as above
provided,
shall for ever be barred of all his right and interest in such property
so taken into
possession by the commissioners, saving to infants, feme coverts, persons
out of the
state, in prison, or of unsound mind, their right for one year after disability
removed, |
Persons neglecting,
barred
of right,
&c. |
IV. And be it
enacted, That in all cases where the commissioners, upon examination,
have reason to believe that the state is entitled to real or personal property
in the possession of any persons claiming the same, they shall, for the
recovery
of personal property, prosecute in the general court (or in the county
court
if of small value) actions of trover or replevin, in the name of the state,
in which
it shall be sufficient to lay the property in the state, and to give in
evidence, that
the things for which the suit is prosecuted were the property of some person
whose
estate is forfeited or confiscated, and that the state is entitled
to the same by forfeiture
or confiscation; and for the recovery of real property, they shall in like
manner prosecute an ejectment in the general court in the name of the state,
alleging
the demise to have been made by the state, in which it shall be sufficient
to prove the lands or tenements for which the ejectment is brought were
the property
of some person whose estate is forfeited or confiscated, and that the state
became entitled thereto by forfeiture or confiscation; in all which actions,
the
cause of action shall be endorsed on, or a declaration sent with, the writ;
and a
trial in personal actions shall be had at the imparlance court, and in
actions of
ejectment or trespass, at the third court, unless the judges shall be satisfied
that
there is a necessity for the continuance of the cause, for the sake of
justice being
done to the parties. |
Actions of
trover may be
prosecuted,
&c. |
V. And be it
enacted, That in case of replevin by the state, no bond shall be
necessary for obtaining such writ; and the sheriff may suffer the goods
and chattels
to remain in the possession of such party, if he will give bond, with good
and sufficient security, to deliver the goods and chattels, in such replevin
mentioned,
to the said commissioners, if a delivery thereof shall be adjudged, on
the
return of such replevin, or upon the trial thereof, and shall pay all damages
and
costs, for which judgment shall be given in such replevin; and every sheriff,
taking such bond, shall be liable for the value of the goods and chattels,
damages
and costs, aforesaid, in case of insufficiency of the principal and securities
to
comply with the terms of the bond aforesaid; and the court before whom
such
replevin shall be returned may, at the return court, inquire whether the
defendant,
against whom such replevin shall issue, came to the possession of the goods
and chattels in such replevin mentioned, fairly, by gift, purchase, or
otherwise,
or by fraud, deceit, collusion or force; and if the court shall be of opinion
that
such defendant came by the possession of such goods and chattels fairly,
then the
court shall order that the said goods and chattels remain in the hands
of the defendant,
in case where bond has by him been given as aforesaid, until the property
of such goods and chattels shall be determined; and in case no bond has
been given, and the commissioners have taken possession of the goods and
chattels,
and the court, on the return of such replevin, shall, upon inquiry, be
of
opinion, that the person against whom such replevin shall issue came fairly
by the
possession of the goods and chattels aforesaid, a return of such goods
and chattels |
Bond not necessary,
&c. |
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