CHAPTER 245. Sect. 1. Altered by St. 1868, c. 169. CHAPTER 247. Repealed by St. 1864, c. 201, s. 6. CHAPTER 249. As to the effect and validity of proceedings Sect. 3. See St. 1864, c. 161, s. 2. CHAPTER 252. This chapter is not repealed by U. S. St. For cases of indictments under this section, see Common- CHAPTER 254. Additional and amendatory acts. St. 1864, - Sect. 1. "Provided, however," &c. See Commonwealth STATUTES OF 1864. CHAPTER 15. Superseded by St. 1864, c. 238. CHAPTER 47. Repealed by St. 1865, c. 232, s. 6. CHAPTER 62. - See St. 1869, c. 76. St. 1868, c. 130. CHAPTER 99. Repealed by St. 1866, c. 150. CHAPTER 111. Sect. 1. See Gen. St. c. 112, ss. 11, 33. 1 Sect. 2. See Joannes v. Underwood, 6 Allen 240. See also CHAPTER 120. Sect. 1. Amended by St. 1865, c. 108. - See also Hatch v. Attleborough, 97 Mass. 533. — Rand v. CHAPTER 122. This statute is not unconstitutional for the Additional act. St. 1869, c. 150. (Other additional acts now repealed. St. 1865, c. 194. St. 1868, c. 263.) Sect. 2. "A certificate of such result, sworn to by the ana- Sect. 3. "All acts and parts of acts, which require the seal- No action lies to recover the price of milk sold by the can in Sect. 4. As to the form of indictments under this section, - CHAPTER 137. Sect. 1. "Heretofore or hereafter made." It By an executor, administrator, guardian, trustee, or other per- mere failure of an executor to give the bond required by Gen. St. c. 93, s. 2, might not invalidate all sales made by him. See notes to Gen. St. c. 93, s. 2. "On account of the deed not having been delivered within one year after the license." If the deed be not delivered within the year, the sale will be void, unless the case be brought within the provisions of this section. See Richmond v. Gray, 3 Allen 25, 27. Macy v. Raymond, 9 Pick. 285. "Or on account of any irregularity in the proceedings." As to what defects in the proceedings may properly be called irregularities, quære. It seems that any thing so important as the omission to deliver the deed within the year is not to be deemed a mere "irregularity," else why is that defect specially mentioned in this chapter, and why was St. 1840, c. 97, enacted when Rev. St. c. 71, s. 38, and c. 72, s. 20, were already in force? "First. That the license was granted by a court of competent jurisdiction." It is provided by Gen. St. c. 117, s. 4, that the jurisdiction assumed in any case by a probate court," so far as it depends on the place of residence of a person, shall not be contested in any suit or proceeding, except in an appeal in the original case, or where the want of jurisdiction appears on the same record." The jurisdiction of a probate court may be ousted by the fact that the judge is interested in the case. See Gen. St. c. 119, s. 4, and notes to the same. A license will not be granted by a court of competent jurisdiction, if it be granted by a court other than that by which the executor, administrator, or guardian obtaining the license was originally appointed. See Gen. St. c. 102, ss. 2, 37. "Second. That the person licensed gave a bond," &c. In order to satisfy this requirement, it will be necessary not only that the instrument purporting to be the bond should be approved by the judge, but that it should also bear a seal and be signed by the person licensed. "Third. That the notice of the time and place of sale was given according to the order of court." It would seem that this requirement will not be complied with, unless the notice contains a deseription of the premises to be sold, sufficiently accurate and full to enable parties, who may wish to purchase, to identify the estate. See, as to the fulness of description required, Wyman v. Hooper, 2 Gray 141, 147. The proper evidence that the notice has been duly given is afforded by an affidavit of the executor, &c., making the sale, filed in the probate office pursuant to Gen. St. c. 102, ss. 16, 41. In the absence of all evidence that the notice has been given, no presumption to that effect will be made within thirty years. Thomas v. Le Baron, 8 Met. 355, 364. "Fourth. That the premises were sold accordingly, at public auction, and are held by one who purchased them in good faith." The statutes do not provide any method of perpetuating legal evidence of these facts. It may be well, however, to insert allegations on these points in the affidavit regarding the notice. The deed ought to recite that the premises have been sold at public auction. See Gen. St. c. 101, s. 3, for a provision that "where an executor or administrator is removed, or letters of administration are revoked, all previous sales, whether of real or personal estate, made lawfully by the executor or administrator and with good faith on the part of the purchaser," "shall remain valid and effectual." See also Gen. St. c. 102, s. 46, for a provision limiting the time, within which an action may be brought to set aside a sale by an executor, administrator, or guardian, to five years next after the sale or the termination of the guardianship, except in certain specified cases. CHAPTER 143. Sects. 1, 2. Repealed by St. 1865, c. 232, s. 6. CHAPTER 144. Repealed by St. 1865, c. 68, s. 2. CHAPTER 152. Repealed by St. 1865, c. 239, s. 3. CHAPTER 161. Sect. 1. See St. 1864, c. 308, s. 2. CHAPTER 167. Sect. 3. Where a railroad is leased to a corporation or party in another state, the lessor is to make the returns and payments. St. 1867, c. 127. CHAPTER 168. See St. 1868, c. 287. Sect. 1. "The supreme judicial court may," &c. Concurrent jurisdiction given to probate courts. St. 1869, c. 331. CHAPTER 173. Where a minor or person under guardianship is a necessary party to a compromise under this chapter, he shall be represented by his guardian or by a guardian ad litem. St. 1865, c. 186. CHAPTER 190. Sect. 1. See St. 1865, c. 185. CHAPTER 196. This statute appears to have been enacted by reason of the decision in Barre Boot Co. v. Milford Mutual Fire Insurance Co., 7 Allen 42. Sect. 1. "The conditions of the insurance shall be stated in the body of the policy." It is not necessary, however, that the body of the policy should contain the full and complete terms of such conditions;-to a certain extent it may refer for details to other documents. See Eastern R.R. v. Relief Fire Insurance Co., 98 Mass. 420, 425.- Campbell v. Charter Oak Insurance Co., 7 Allen 45, note. CHAPTER 198. See St. 1864, c. 276. CHAPTER 201. The returns required by this chapter need not be made by a corporation which complies with St. 1865, c. 283. St. 1865, c. 283, s. 19. Sect. 4. For a case of an action to recover a penalty under a similar statute provision, see Wheeler v. Goulding, 13 Gray 539. CHAPTER 208. This chapter superseded by St. 1865, c. 283. Provision for conforming taxes assessed in 1864 to the provisions of this chapter. St. 1864, c. 294. Treasurer of the commonwealth to print abstracts of returns made under this chapter. St. 1864, c. 279. Nothing in this chapter to exempt shareholders from taxation for school district and parish purposes. St. 1866, c. 196. |