Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-29

ire Celenditnt snail Dc gwen IN evidence,
either in the proceedings on the petition
or in any action brought Hereunder TO
try title To the premises as provided in
the following section. and the issue shall
v'yancc were made. so that said section,
as amended. shall read follows:
Section A.. \ person in possession of
real property. claiming an estate of free
hold therein or an unexpired term of not
less than ten years. or Il person who has
conveyed such property or interest there
in with covenants of title warranty.
upon which ne may be liable. may. If
those claiming under him, nave been in
uninterrupted possession of such prop
crty for ten years of more. file a petit
ton in the supreme judicial court setting
forth his estate. stating the source of
his title. describing the premises and
averring that an apprehension exists that
persons named in the petition, or persons
unknown claiming heirs, deviSes or
assigns or in any other way, by. through
or under Il person or persons named ir
the petition. claim, or may claim some
right. title interest in the premises
averso to his said estate: and that such
apprehension creates Il cloud upon the
title and depreciates the market value
of the property: and praying that such
persons be summoned 10 show cause why
tE"y should not bring ar action to try
their title ID the described premises. II
any such supposed claimants are I'M
shall so allegr under oath that the truth
Of the legation shah n,t after decree
has been filed b.. denied, for the purpose
of defeating the title established thereby.
A person III the enjoyment of IN east
ment is in possession of real property
within the meaning and for the purposes
of this section. Upon such petition the
court, or any justice thereof in vacation.
shall order notice rcturnable at Il term
of the sdpreme judicial court to be held
in the. county where the real estate lies
Personal service by copy of the petition
and order of notice. shall be made upon
1li
the state fourteen days before the return
day; and upon all such supposed claim
ants residing out of the state. service
may be made by personal service of copy
of the petition and order of notice: by
publication for such length of time. i'll
such newspapers or by posting in such
nr in any or MI of these wavs ny the dis,
erection "f the court. If The petitioner
prefers, the petition may be inserted Ii 'a
declaration in a writ, and served by
Upon the filing of the petition in such
proceedings the clerk of courts in the
county where such proceedings are pend
ing shall file a certificate in the registry
of deeds in the county or district where
said land is situated. setting forth the
names of the parties. the date of the
petition and the filing thereof. and the
description of the real estate as given
in the petition, which said certificate
shall be recorded by the register of deeds.
who shall receive therefor The same fee
ings on the petition shall not be aba tea
by the death of any party thereto. and
the issues may be determined after such
personal or public notice. as the court
orders, has been given TO all persons in
terested in his estate. and they may
become or be made parties: nOI shall tn.
proceedings be abGted by the conveyance
of the premises by the respondent by
deed recorded after said certificate 10
recorded. The grantee OF any defendant
named OF described in the petition. or
any person claiming under such a gram
tee, may voluntarily appear and become
party, and make any defence that would
have been open to the defendant under
whom he claims. If any person who be-
corded after the filing of the certificate
aforesaid. does not voluntarily appear: no
be given in evidence. either in the pro-
ceedings on the petition or in any action
brought Hereunder to try title to the
premises provided in the following
section. and the issue shall he determined
made.
Section , Section forty-eight of said
chapter is hereby amended by inserting
after The, word title" in th,, first line
tarily appears as aforesaid and claims
title and by inserting after the word
named" in the tenth line the following:
and all persons named as grantees in
any decd given by the defendant and
recorded after tho filing of the certif-
cate aforesaid ami all persons claiming
under such grant cs;' and by inserting
after the word .'provieled'' in the nine
tccnth lin" thereof the following: and
all persons named as grantees in any
deed given by the defendant and record
ed after the filing OF sa!i certificate and
all persons claiming rnd-r such gran
tees. 50 that said section rs amended.
shall read as follows:
Section As. If any person so sum-
mOned appears and claims title or vol
unfairly appears as aforesaid and claims
Ii. ~ " Y
he should not be required to bring an ac
ton and try Sucn ,!tle: and the court
shall make such decree respecting the
bringing and prosecuting Of such action
as seems equitable and just; if any per-
son so summoned appears and disclaims
all right and title adverse to the petit
toner. he RECEIVERS his costs. If the court
upon hearing. finds that the allegation
of the petition are true, and that notice
il shall make and enter Il decree that all
persons named in the petition and ali per-
sons alleged to be unknown claiming by.
through. or under persons SO named, and
al persons named as grantees in any
deed given by the defendant and record
ed after the filing of the certificate aforc-
said and all persons claiming under such
grantee who have not 50 appeared. or
who. having appeared, have diSclaimed
an right and title adverse 10 the petit
TONER. who. having appeared, shall
diSObey the order of the court to bring
an action and try their title, shall be for
ever debarred and estopned from having
or claiming any right or title adverse
scribed in the petition; which decree shall
within thirty days after il is finally
granted be recorded in the registry of
the land lies. and shall be effeCtual to
bar all right. title and interest of all
persons. whether adults or minors upon
whom notice has been served. personally
or by publication. as herein provided
and all persons named az grantees in
any deed given by the defendant and re-
corded after the filing of said certificate
and all persons claiming under such
grantees. The court may in its discre-
ton appoint agents guardians ad
litcm, to represent minors or other sup
posed claimants
Section ?. This act shall take effect
when approved.
GApproved March a6. 1917
Chapter ISL.
An Act concerning the appointment of
married women as Guardians.
A married woman who has attained the
age ri twenty zone years may he appoint-
9 Guardian nd all 10 az