The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-04-03

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rsscpablrd That all persons having o. holding,
or that here sfteT shan have or hold, shy lands,
Irnements or hcTcdtamEnt., IS tenants ~ com
non, Joint tenants or Col arc eners, may he com
relied by viii cf parti. roo al the common law,
10 divide the same: aud whereas Tire partition
If pnds and other re 4 es,s,e n0ng the persons
Interested though much desired and Of s. ea'
sdysnt.ge, is often Murdered and delayed -
reason that inf4ns sire in crested, Or that ihe
parties concernSG are numerous snd live remote
from each o'he-, and sometimes IN paris beyond
seas. and Are SUM OF them unknown:
SEOr. 2. tie IL therefore enacted, That any per-
sun of pers u, int rls,ed with others ~ any
1T, tract Of Ind. or other real estate, mskjng
sppIcstion( cither By Themselves or their sg =.
Altornies or gusrdsns) 20 the Supreme judicial
Court, eF Circuit Court ef Common Pless OF the
County in which such land or otber real es.aie
hes the said Courts are scYeTal.y authorised
and empowered TO cause partition to be made Of
such lands or other real estate, and the shsre
or shares Of the parts or parties applying for he
same, to be set Of and divided from he rest ];
the partition 70 be made by five or three free
holders under oaths, TO be sppoin ed b, the sand
Court. who shall order the partition, md re-
turn Of such PARTITION 10 be de into The Clerks
office OF tue said Court and the partition or
division so made being accepted by the said
Court which ,dered the division TO be made,
sad there recorded, and also recorded IN the
Registry Of deeds, in the county where such
estate lies, shall be valid and eicctu.l 70 all in
tents and purposes
SECT. 5 BE Il further enacted, That neither
Of the said Courts shall proceed to order such
partition, un.n Ii shall appear TO them respect
lively, that he several persons in eres ed IN such
estate aud living Wi.hin the Sta G, or the s'toi-
MES of such as are absent, and have sttOrnies
IN he hesn IuiV he'd al
such petition (by beng personally served With
copy thereof, or q copy left at their dwelling
h,use, or last place Of abode, or that the SUB
s'snce OF the petition shall have been inserted
three weeks successfully in one or more of the
Lubhc ne wspspers) and have hsd opportunity to
make their exception TO the granting The same
SIC 4, he u further enacted, TkaI when the
facts alledged IN any petition for partition bcreaf-
Ter 10 be preferred sre contFoverted 10y any of the
tenants ~ common, the answ er or objection 10 the
petition, shall be made IN writing, ia the foru of
plea, 10 which the petitioner NAV reply or demur
20 the end the matter in dispute may be reduced
70 an ISSUE az law or fact, and receive determin-
alton by the Court or Jury. 10 the manner 9th
er issues determined. And ia case the issue
Dc determined 10 favour of the petitioner, indg
meni shall De entered up by the Court that paril-
Ho0 be made by dsinierested freeholrers and pro-
ceed 10 appoint them accordingly. A nd also that
me costs attending the trial, aud NAV issue execu
ton Tor said costs in the form prescribed BY law as
IA other cases. But il on such pleading il be de-
tefn'ned that the petitioner holds less share or
proportion IN common and undivided than he has
70 his peuton alleged, the adverse party shall re-
cove against the petitioner bis reasonable cost ::
BotNi hstanding Judgment may be rendered IN IA
Noli OF the petitioner 10 have assignment Of such
part OF the real estate IN severalty as be in fact
hOlds ~ common and undivided
SIC. ). BE Il further enacted, That either rsrty
may appeal from the judgment of the Circuit Court
Of Common Pleas that partition shall be made TO
the Sup enc Judicial Court, before the appoint
meat OF treehoiders 10 make PARTITION. But If no
appeal 4 made until after the return Of the free.
toider', and tue Judgment OF the Court thereon
Tue Judgment that partition shall be made, shall
not by such sppeal be again called in question.
And The supreme Judicial Court shall upon The
complaint OF The appellee. (n case the appellant
snail iaiI 70 enter or prosecute his appeal affirm
"s'oiihcF judgment. and cause such other proceed
iHgst 6e had thereon, as 70 have partition COM
lICted "a the same way and manner a. If the pro-
ceedings had been originally commenced in that
Couit.
SIcT. 8. Be /E'tbsr esGe7l5, That 10 al action.
OF Partition hat fhall be hereafter commenced
the lame rue aud regulations fha take place with
FelPect to an appeal from an interlocutory iu5g-
ment of he Circut Court of Common Plea thst
partition fhali re made, As l. herein before or,
t-rihsd upon the like judgment upon petition for
parttios.
SECT. 2. Belt J.rftsr szaG713, That before par
ntiou De msds shsre s.y infants, per(on, non
eomPos nent's, or otherways incapzcitated 20 take
care of their eta e. interefled guardian. ihan
be aPpointed for all fuch psr(onl by the Court. if
they live within this State, ADD If any per.on or
perions tntersited IN any fuch e(late haoDen ar
the time when iueh application illsll be rad.) 10
have been beyond lea, or of this State for the
iPsee ct one year, and not returned. and having
no tuttcient attorney within the fame in fuch
cafe the iaId Conrt, TO whom application fhall be
made TOR partition, fhali appoint fome difcreet
and dilln'erefld perfon o. perfon., as agent or
agents, for fueh abfent party or parties to be ad-
N'Ang on his or their beha 10 making fuch narti.
ton and due notice fhsl he given by the Com
iaitise 20 all concerned, that are known and
~'thio the state before fuch partition be made
tnat they may be pretent Of they Zee meet az the
time of making the fame.
sker. .. Dc HJs'fbsr suassd Thar If any partner
thaI' have anger flare fet off than !. fuch o.rt
49, true and real Interei or If any fhsre Re, off
ihoad De re than equal value 10 the PROPORTION
o Gas set of for then and IN every f,cb cafe u,on
complaint to the C9urt uhich caufed inch n,,,;,;oD
20 DC made, WI h'a three years of the max pp there
OF, ~ any agsrIssed partner or partners. who at
the tune Of making fueh partition were out of The
Stae, aud not notified thereof as aforefaid fea(on,
by 20 DC preien, at the fame the said Court ihal
GAaie Isiuao1 thereof 10 be made anew. And 10