The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-03-07

concerning Dispositions.
SEC. 1. Be ii enacted by the Senate and
House of Representatives. in General COttrt as
Sembled, and by the authority Of The sdnue,
That when the plaintiff or plaintiffs IN ai.y
suit, which now lie, or hereafter may ne, COM
menced in any Court OF this Commonwealth:
shall discontinue said suit, or become nou-rult
therein, and another suit shall Afterwards be
commenced in any of the said Courts, on The
same cause of action, between the same par
ties or their legal representatives. all dePosi-
tons duly taken according to law TO be used
liz the suit, so non-suited or discontinued, an d
which could have been legally used IN The
trial theraof, may be used in such new suit o.
action, as it they had been taken specially
therefor. Provided, that, at the time OF the
non-suit or discontinuance of such hrst men
TONED suit, the said dispositions had been du-
ly filed in Court, and there remained in the
custody of the Clerk of the Court, where su b
suit was originally commenced, until the
commencement of the new suit aforesaid |;
and provided further, that the cause OF taking
said depositions shall continue TO exist at the
time they are TO be used in the trial OF such
new suit, or there shall be at that time good
cause for taking such dispositions.
/ SEC. g. Be ii further enGcted, That any
deposition in perpetual remembrance OF
thing taken during the pending Of any action,
may be used as evidence in such action 10 the
same manner as if the said deposition had
| been taken before the commencement OF the
| saiG action.
SIC. 3. Be ii further enacted, That if any
deponent having been summoned in the man
ner provided in the fourth section OF the act
entitled :" An Act prescribing the mode OF TAX
ing dispositions, and administering oaths and
affirmations'' passed Feb. 3, 1898, to give ev-
idence in any cause pending IN any Court oil
any other State or Government, or in perpet-
ual remembrance OF thing, and having had
rendered to hum the fees therein mentioned,
shall neglect to appear at the time and place
/ appointed in the summons, such deponent
shall be subject to like actions and forieitures
and capias as are provided by law, where
witnesses are summoned to Court and do not
appear
SEC. a. Be IL further enacted, That when
any person, who shall have been duly sum-
moned TO appear before any Justice or lustic-
es of the Peace within this Commonwealth,
to give any deposition which such Justice
or Justices may be authorizedsy law to take,
the legal fees OF such person having been du-
ly rendered, shall refuse or neglect to obey
such summons, it shall be lawi ul for such Jus
tice or Justices to issue capias against such
person, compelling him her TO attend for
the purpose aforesaid, in the same manner as
Justices Of the Peace are by law authorized
10 do in cases pending before them; ana il
such person shall unreasonably refuse to en-
swer intenogatories. the Justice or Justices
before whom he may have been so summoned
TO appear, may commit him to the Gaol oil
the County in which said Justice or Justices
may reside, there to remain until be shall an
| h1d iorh hxy
due order OF law.
SEC S. Be it further enacted, That all
Justices of the Peace within this Common
wealth be, and they hereby are, authorize
and powered to issue subpenas to persons
to appear and testify In any case pending, or
which may hereafter be pending in any Court
OF Probate within this Commonwealth, in the
same manner as they are now authorized by
law to issue subpoenas to persons to attend
and testify in any OF the cases for which pro.
vision is made by the laws now in force.
Approved by the Governor-Feb. %, 1927
AN ACT to prevent unnecessary delay
and expense in the Prosecution of Real Ac
tions.
SEC. 1. Be ii enacted by the Senate anc
House of Representatives. IN General Court as
senlbled, aud by The authority Of the same
That III all suits and actions for the recover,
of lands, tenements and heredtaments. now
pending, or which may hereafter be commenc
ed, the writ or suit shall not be abated BY the
death, or by the marriage, or other disability
OF the demandant, but Ii sole demandan
die, or be disabled to prosecute the suit. hi
or her heir, or such other person as would, il
case the action we're abated, be entitled Il
commence the like action either alone OF
jointly with the former demandant, NAV. OF
motion, be permitted to prosecute the sui
accordingly and if one or more of seyera
demandants die, or be disabled as aforesaid
the heir or other person interested as afore
said may, on motion, be permitted to prose
cute the suit jointly with the other demand
ants, and il, in the latter case, there shall b,
no motion to be admitted as aforesaid, at tn,
term next after the happening Of such dealt
or disability, or within such further time a
the Court shall order, then the demandant o
demandants shall be allowed to prosecute tn,
suits for so much or such parts Of the premise
as may then belong to them, and the heir o
other person SO admitted to prosecute, shall
be entitled and subject to the costs, as If the,
had been original parties TO such suits.
SEC. 2. find be IL further enacted, Tha
when there are two or more tenants in an,
action brought, or which may be brought fo
the purpose above mentioned, and one o.
more of them shall die after the commence
ment OF the suit, the same may be prosecuted
against the surviving tenant or tenants.
there be any, for so much or such part of tn,
premises as they then hold or claim and il
all the cases aforesaid, the Court shall allow
such amendments of the declarations and 9th
err pleadings, and such suggestions on the rec
| ord as the case may require
SEC. 8 find be IL further enacted, Tha
the like proceedings shall be had in all petit
lions Tor partitions of lands, tenements, hered
ltaments, In case of the death Of the petitioner
or any one OF the petitioners, or of the deatf
OF one or more of the respondents.
approved by the Govemor-Fcb. 10, 1897
1