The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-07-11
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with. to recover which the demandant mad a
Tho time of the commencement OF his action, a
high and as good title as he had 10 recover
the demanded premises. such tenant may request
that the Jury may by their verdict ascertain the
same, and ifthe Jury shall find. that the demand
ant had as high and as good title to recover
such lands or tenements not demanded or any
part thereof as he had to recover the demanded
premises, they shall not proceed To ascertain any
other point by their verdict, and the Court shall
thereupon render judgment that the demanaant
lake nothing by his writ, and that the Defendant
Recover his costs Pfouiied, That ifsuch req'est
be made in any such action now pending OF
which may hereafter be pending the Court may
permit the observation-disclosures costs so t. amend
his declaration as TO include all the lands or Ten.
ements possessed and defended by the tenant a
manner aforesaid, Of which the de'nandant ! q
as high aud as good title AS he had Of the prem
ises orig iusliy demanded IN the action.
SEC /. dad be a fite1htr enc ed, That IN
any such action, the tenant or his attorney may
in any Stage Of the process. and as etien a me
writ .hall be amended aforesaid. offet and give
notice ia open Conft at what sum he consen'ss
that the increased value of the premises, ny 'if-
tue of the buildings and Improvement shaii be
assessed. and also at what sum he consents mat
the value of the demanded premises, or such
part thereof as Is bt hin defended, shat re
estimated without the buildings aud improve
ment.. which notice shall be entered ON the rec
ord of the Court and If the demandant consent
to the same, judgment shall be rendered 90 san
consent OF the parties IN the same manner AS II
the like sums had been found by the 'niy IN a
verdict for Che demandant bet II the demand.
ant shall not consent 10 the said ohsr and snaii
proceed in the suit and the Jury by their We a'et
shall not reduce the value OF the buildings ana
improve ments below the said otfer, nor ,nerf ase
the value of the demanded premises as azores
above it. he shall not recover costs rom ana al CT
the fret entering of such notice upon the record,
but the tenant shall from that time recover ms
costs, and have hs sparate judgment ara execu-
ton for the same, although the verdict on the as
sue should be.agains' him unless the defsnndaas
shall prevail on plea of disclaimer IN the same
suit
SEC. 8. And be ii further eia6tsd, That 10 con.
stitutc The possession aud Improvement 'ntenhe"
by this Act, il shall not be deemed necessary mar
the pre- misses defended shall have been surroun-
ded by fences or rendered inaccessible by o'hef
distractions but it shall be Sufficient II the pos
session, occupancy and Improvement thcfeoi oy
the tenant or those under whom he claims, snail
have bssn open. notdrious and exclusive. compor-
ting With the ordinary management Of simiiat es-
tates in the possession and occupancy OF those wio
nave title thereto, and satisfactorily indicative OF
such exercise ofownership as is usual III IN IN,
pfoyement sf farm by lis owner, and no par' -
the premises de manded and defended ID mann
herein provided because the same inay De Wool
land without actual cultivation
I sue. s. .4ad b.u fur her eaactsd, That no per
son shall be allowed TO st upon bury iof Toe III
al of any such action. where the value 81
buildings and Improvements are to be ascertaineo
the value of the premises to be est.hls'ea ny
the verdict, where such persons shall be interest,".
ed in a similar question, either As propnetei Of
occupant but the same shall De good cause 81
challenge 10 such Juror.
SEC. ?. .2sd be II further enacted, That tie
third, fourth and fifth sections OF An Act of the
Legislature Of Massachusetts, passed on-the Sec
ond day OF March thousand eight hundred
aud eight, entitled " An Act for the limitation Of
certain real actions, and tor the equitable settle
ment OF certain CLAIMS arising in real actlons,n
and the Acts in addition to the said Act, DE aud
the same are hereby repealed, and OF no further
effect in this State.
June q, l82o-Approyed,
WILLIAM KING.