The Northern star, and constitutionalist. [volume] (Warren, R.I.) 1834-1837, 1837-07-15
oopy y~Wiubesss
HENRY BOWEN, Sec'ry,

AN ACT in addition to an act entitled " an acl
concerning partition and estates holden in CO.
parcenary. common and join, tenancy"
BE IT enacted by the General Assembly as fol-
lows
Section l. In all actions Of partition now or
hereafter commenced by several plaintiffs, setting
forth each Of their several rights and interests in
the estate for the partition Of which the action Is
! commenced, judgment may be rendered that each
plaintiff shall have his part Of said estate set of to
him in several,y or that any two more Of the
Ispanlifis may have their parts set off TO them in
common.
See. 2. In all actions Of partition now or here
after commenced against several defendants, each
Of the defendants may answer severaly or any
two or more may answer jointly and in their an
swers setfor,h The git interest which they al
each ofthem have in the estate for the partition Of
which The action is commenced ndjudgment
may be rendered that each defendant may have
his part set off TO him in severaity or that any
two or more OF the defendants may have their
parts set off,to them inconl,non.
Sec. 3. The equity jurisdiction ofthe supreme
Judicial court is hereby extended to all cases re-
lalive to the partition Of real personal estate.
Sec. L. No action of partition hereafter com
Hseneed. .shaL be abaled by the decease Of either
Of the parties, plaintiffs or defendants in such act
ion. And in cuse Of ,he,decease of either Of the
plaintiffs or defendants in any action, the courts
shall the heirs at law ordevisees Of such de-
ceased party to be notified Of the pendency Of such
sut, in the same manBer as if they had been nam
ed defendants in the original writ in said action
and may after such notice shall be given, render
judgment, in said suit, in the same manner as
might have been done, had such heirs or devisees
been original pa1tles in said action Provided,
that If such heirs or devsees voluntarily appear in
court without such notice, the court may proceed
without further delay in the-,rial of and rendering
judgment in said action.
Sec 5. lfany action Of partition be hereafter
cnmmenced, in which it may be alleged by the
plaintiff or plaintiffs, that some of the owners Of
ssaid estate are unknown to the plaintiff or plain
tifis, the court in which such action may be pend
ing may order notice 20 be given TO such unknown
owner, by advertisement in some Of the newspa-
pers in this oI other states, or in such other man
ner as TO said court may seem proper /; and said
court may proceed in said action and render iudg-
ment therein, in the same manner as if said un-
known owners had been parties in said action.
Sec. 6. In all cases in AlIich it may be alleged
that one or more OF the owners Of said estate are
unknown to the plaintiff or plaintiffs, partition Of
the estate shall he made only among the parties
who are named in the suit, according to their re-
spective rights and interests as asceriained and de-
Eiermined by the judgment of the court and the
share orosharesii more than one, Of such unknown
owner or owners shall remain undivided and in
common And in all such cases it shall be the du-
ty of the court before rendering judgment Cor par
t,ion therein to require Of the parties named il
the suit and among whom such partition is 10 b,
made, sufficient proof Of the extent, nature ant
validity Of their several titles to said estate.
True copy-witness
HENRY BOWEN, Sec'ry.