Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-04-01


from the South west corner the wall on ebe
South side Of the State Prison lot, IN an
Eas,ery and Soobessterly direction, along
the out. shore side Of the wall on the north
erly side of the Cove. 10 Canal Street then
by the westerly side Of said street To the
nor,herly side OF the north Bridge then ~
a straight line to the northwesterly corner OF
the wooden sidewalk on the easterly side
oi the river between the two bridges ana
then as described IN the second section oi
the act To which this is ~ amendment, to the
end Of said section and so much Of said act.
and Of the act in amendment thereof passed
at October session. 1876, as is inconsistent
rewith, 10 hereby repealed.
Sec. 2 The houses or fences on or near
the essterly line Of that part OF Benefit street
me entioned in the second section OF said sct,
shall be deemed and taken within the mean
ing of said section, TO be the easterly line OF
said Street
True copy-wi,ness,
HENRY BOWEN, Sec'ry.
AN ACT in addition TO an act entitled "AD
act establishing Courts Of Probate"
II is enacted BY The Grnral assembly as fol
Section l. Courts OF Probate shall have
cognIzsncc and jurisdiction over petitions OF
guardians appointed by them, tor authority
and license to sell The real estate OF their
Il wnrds, 10 all cases not provided for by the
act to which this act ID 10 addition to hear,
| examine into and grant The same 10 their
| discretion, under such conditions and regnla
tons as are or shall be imposed by law or by
the court granting the same. But before
granting any such petllitlon, notice .haii be
gwen by the court or clerks OF the pendency
and prayer thereofby advertisement publish
ed for at least three weeks oUcccssiveiy m
some newspaper printed IN the county where
he real estate to be- sold is situated or u
there be no newspaper printedin 10 such county.
by putting up notices thereof as IN case o! an
application for an appointment of an admin
istrator: aud any guardian empowered as
aforesaid, shall and may by virtue OF such
authority. make. sign and execute IN due
form of law. deeds and conveyances OF such
real estate as he shall sell ; aud such deeds
and conveyances, shall make as good title
10 the purchaser, his heirs and assigns, as the
ward being of lull age end OF sane mind and
memory might or could make.
Sec. 2 The courts aforesaid shall have
full power to authorize the sale OF any such
real estate either OF private sale or by pub
lIc auction. as the interest OF the ward may
10 their judgment require. But before any
sale made at auction by virtue OF this aoi the
guardian shall give thirty days notice there
of. by posting up at least, three notihca'ions
uf such sale, IN three public places IN the
town where The real estate to be sold lies,
md at least one, in each OF the adjoining
Townsend in the town where the ward dweils,
in like public places or shall publish The
same in some public newspaper, Tor four sue
cessive weeks, or in such other manner rs
the court may direct !: and whoever shall
give most shall have preference In such sale.
Sec. 3 The guardian may adjourn any
sale To be made by virtue OF this act 10 a fu
ture day, whenever he may deem the same
ADVISABLE giving notice Of such adjourn
ment in the same manner in which notice OF
the sale was given, as soon a. may be after
such adjournment and up TO the day Of the
adjourned sale unless the adjournment shal
be from day to day, only, and then by max
INC public proclamation thereof at the place
and time of sale, and by setting up n notice
thereof at such place.
Sec. 4 Every guardian empowered ito
sell real estate as aforesaid, before he makes
any sale, shall give bond to the court SO
authorizing him, with surety to their satisfac
lion, to invest the proceeds arising from such
sale in other real estate, or IN mortgage OF
real estate, or in productive stocks, or in
such other manner as may be by said court
directed.
Sec. ). All real estate or productive
stocks purchased by the proceeds of any sale
made in pursuance Of this act, and all mort
cages of real estate taken for security OF any
such proceeds, in case Of the death OF such
ward, shall descend and vest 10 the heirs OF
such wards as the real estate OF such ward
so sold would have done, had no sale thereof
been made.
Sec. 6. Courts Of Probate shall have cog
nlzance and jurisdiction over and power to-
grant petitions of Aliens for leave to purchase,
hold and dispose Of real estate within their
respective terms, In the same manner as ma
tive born citizens Provided, that every such
alien at The time of his pettioning shall be
resident in this Slnte, and shall have made
declaration according to law, Of his lnten
ton to become naturalized citizen Of the
United States.
Sec. Z The entry fee Of every petition
under THE act, or under The act 10 which this
IS IN addition. for leave 10 sell or hold real
estate. shall be two dollars which shall BE-
paid at the time Of the filing thereof TO the
clerk, Tor the use. of The State and .the Zee
oi the court for receiving aud acting on every
such petition. shall be one dollar and the
fee of The probate clerk for the services in
relation to every such petition shall be one
dollar.
Sec 8. Clerks Of Probate are hereby re-
ouIred Annually and within thirty DAYS next
preceding the first Tuesday in May, to pay
over to the genera treasurer, all MONIES by
them received under this act for the use OF
The State and any clerk neglecting 80 to do,
shall forfeit and pay the sum of twenty dol
lars for every such neglect TO be recovered
by action Of debt by tho general treasurer,
before any justice Of the peace in The coun
" in which said town clerk shall reside.
True witness.
HENRY BOWEN. Sec'ry.