CHAP. 82. ing been married, all the estate that came to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation.

Method of dividing property

under last section.

Mode of computing degrees of kindred.

Where no kindred widow shall inherit.

Interest of deceased in lands held in trust chargeable with debts.

Rules for dis

tributing perso

5. If at the death of such child who shall die under age, and not having been married, all the other children of his parent shall also be dead, and any of them shall have left issue, the estate that came to such child by inheritance from his parent shall descend to all the issue of the other children of the same parent; and if all the issue are in the same degree of kindred to such child, they shall have his estate equally, otherwise they shall take according to the right of representation.

6. The degrees of kindred shall be computed according to the rules of the civil law; and the kindred of the half blood shall inherit equally with those of the whole blood in the same degree.

7. If the intestate shall have no kindred, his estate shall go to the widow to her own use.

8. The interest of a party in lands held in trust for him in fee simple shall descend, and shall be chargeable with his debts in the same manner as if he had died seized of such lands.

9. The personal estate of any person who shall die nal estate of in- Without having bequeathed the same shall be distributed as follows:

testates.

The widow shall be allowed all her paraphernalia, articles of apparel or ornament, according to the degree and estate of her husband, the apparel of the minor children, and also such provisions and other articles as shall be necessary for the reasonable sustenance of herself and the family under her care for the period of ninety days after the death of her husband; and, in addition, such provisions and other necessaries for the use of herself and family, as shall be allowed and ordered by the judge of probate, and such allowance shall be made, as well when the widow waives the provision made for her in the will of her husband as when he dies intestate.

The wearing apparel of the deceased, not exceeding forty dollars in value, shall be distributed at the discretion of the executor or administrator among the family of the deceased.

The remaining personal estate, after payment of the debts of the deceased, the charges of his funeral, and the necessary medical and other attendance upon him in his last illness, and the expenses attendant upon the settlement of the estate, shall be distributed, one third to the widow, if any, and the residue among the persons who

would be entitled to the real estate, and if there be no CHAP. 82. widow, then the whole among such persons.

children, how

has made no

10. Any child born after the death of the father, there Posthumons being no provision made in his will for such child, shall provided for have the like interest in the real and personal estate of his where test itor father as if he had died intestate; and all the devisees provision. and legatees in the will shall abate proportionably their respective devises and bequests; the share of the posthumous child to be set out and assigned by the court of probate so as to affect as little as possible the disposition of the property made by the testator.

ried women dy

how distributed.

11. If a married woman shall die intestate, without Estates of marissue her surviving, one half of the real and personal ing intestate, estate owned by her, in her own right, or held by her for her separate use, shall go to her husband, and the other half to her father, or if she have no father, then to her mother, brothers, and sisters, in equal shares, and the children of any deceased brother or sister, by right of representation; and if there be no issue, father, mother, brother, or sister, or child of brother or sister, the whole shall go to her husband.

how treated on

distribution.

12. Any real or personal estate given by the intestate Advancement, as an advancement to any child or grandchild, shall be division and considered as a portion of the estate of the intestate, so far as regards the division and distribution of the estate of the deceased, aud shall be taken by such child or grandchild towards his share of the intestate's estate.

13. If such advancement shall exceed the share of the Same subject. child or grandchild, so advanced, he shall be excluded from any further portion in the division and distribution of the estate, but he shall not be required to refund any of such advancement; and, if the amount so received shall be less than his share, he shall be entitled to as much more as will give him his full share of the estate of the deceased.

real estate, how

and regulated.

14. If the advancement be in real estate, the value Advancement in thereof shall, for the purposes of the preceding section, be to be considered considered as part of the real estate to be divided; and if in either case it shall exceed the share of real or of personal estate respectively that would have come to the child or grandchild, so advanced, he shall not refund any part of it, but shall receive so much less out of the other part of the estate as will make his whole share equal to those of the other heirs who are in the same degree with him. 15. All gifts and grants shall be deemed to have been What gifts or made in advancement, if expressed in the gift or grant to held advancebe so made, or if charged in writing by the intestate as an advancement, or acknowledged in writing, as such by the child or grandchild, or upon the evidence of witnesses, to be examined before the judge of probate, and not otherwise.

grants shall be

ments.

CHAP. 83.
Valuation by

sive.

16. If the value of the estate so advanced shall be expressed in the conveyance, or in the charge or valuation testator conclu- thereof made by the intestate, it shall be considered as of that value in the division and distribution of the estate; otherwise it shall be estimated according to its value when given.

where party dies

Advancement, 17. If any child or grandchild so advanced shall die before intestate. before the intestate, leaving issue, the advancement shall be taken into consideration in the division and distribution of the estate, and the amount thereof shall be allowed accordingly by the representatives of the child or grandchild so advanced as so much received towards their share of the estate, in like manner as if the advancement had been made directly to them.

Tenancy by the curtesy and in

18. Nothing in this Chapter contained shall affect the dower not affect title of a husband as tenant by the curtesy, nor that of a widow as tenant in dower.

ed hereby.

Lands held in

dower, how divided.

Undevised estate distributed as intestate.

19. Lands held as dower by the widow shall, after her decease, be divided as hereinbefore directed. Lands set off as dower prior to the act of fifth Victoria, Chapter twenty-two, shall, after the decease of the widow, be divided as before the passing of that act.

20. All such estate, real or personal, as is not devised in a will, shall be distributed as if the testator had died intestate.

Leases and estates in land,

1. All leases, estates, or other interests in lands or in &c., not in wri- mining areas or other mining rights or privileges not put ting, to be es- in writing and signed by the parties creating or making cept as to leases the same, or their agents thereunto authorized by writing,

tates at will, ex

under three

years.

shall have the force of leases or estates at will only, except leases not exceeding the term of three years from the making thereof whereupon the rent reserved shall amount at least to two-thirds of the annual value of the lands demised.

2. No interest in land or in mining areas or other mining CHAP. 83. rights or privileges, shall be assigned, granted or surrend- Interest in lands, ered, except by act and operation of law, unless it be by &c., assignable deed or note in writing, signed by the party assigning, note in writing. granting or surrendering the same, or by his agent there

unto authorized by writing.

only by deed or

require to be in

able.

3. No action shall be brought whereby to charge any Contracts which executor or administrator upon any special promise to writing signed answer damages out of his own estate, or whereby to by party chargecharge a defendant upon any special promise to answer for the debt, default or miscarriage of another person, or whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands or any interest therein or in any mining areas or other mining rights or privileges, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which the action shall be brought, or some memorandum or note thereof shall be in writing, signed by the party to be charged therewith, or some other person authorized by him.

answerable for

want of state

ration.

4. No special promise hereafter made by any person to Promise to be answer for the default, debt, or miscarriage of another per- debt of another son, being in writing and signed by the party to be charged not invalid for therewith, or some other person by him thereunto lawfully ment of consideauthorized, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.

not valid unless

nest, or note in

5. No contract for the sale of any goods for the price Certain contracts of forty dollars or upwards shall be good, unless the buyer buyer accept accept part of the goods so sold and actually receive the part, give earsame, or give something in earnest to bind the bargain or writing be in part payment, or that some note or memorandum in writing of the bargain be made and signed by the parties to be charged by such contract, or by their agents thereanto authorized.

signed.

and creations of

be in writing;

excepted.

6. No declaration or creation of a trust in lands or in Declarations mining areas or other mining rights or privileges, shall be trust in lands to valid unless it shall be in writing, signed by the party en- implied and retitled to declare or create the trust, or by his last will; sulting trusts but this provision shall not extend to any trusts in lands or mining areas or other mining rights or privileges arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law.

trusts to be in

7. No grant or assignment of any trust shall be valid Assignment of unless it shall be in writing, signed by the party granting writing. or assigning the same, or by his last will.

CHAP. 84.

Bills of sale or sworn copies to be filed with

registrar of deeds where maker resides.

CHAPTER 84.

OF THE PREVENTION OF FRAUDS ON CREDITORS BY SECRET
BILLS OF SALE.

1. Every bill of sale of personal chattels made either absolutely or conditionally, or subject or not subject to any trust, and whereby the assignee shall have power either with or without notice on the execution thereof, or at any subsequent time to take possession of any property and effects comprised in or made subject to such bill of sale, and every schedule annexed thereto or therein referred to, or a true copy of such bill of sale and schedule, shall be filed with the registrar of deeds of the county or district where the maker resides; and in case a copy be filed the same shall be accompanied by an affidavit of the execution of the original bill of sale: otherwise, such bill of sale, as against the assignee of the grantor, under the laws relating to insolvency, or for the general benefit of his creditors, or as against the executiou creditors, or sheriffs and constables, and other persons levying on or seizing the proOnly to take ef- perty comprised therein, under process of law, shall only take effect and have priority from the time of the filing thereof.

fect from date of

filing.

Defeasance to be filed.

Bills of sale

when filed to be numbered and indexed.

Fee for inspection.

Discharge, how entered.

In case such bill of sale is subject to any defeasance the same shall be cousidered as part thereof, and such defeasance, or a copy thereof shall be filed with the bill of sale or copy otherwise such bill of sale shall be null and void as against the same persons and as regards the same property and effects, as if such bill of sale or copy thereof had not been filed according to the provisions of this Chapter.

3. The registrar of deeds shall cause be bills of sale or copies thereof, so deposited with him, to be numbered and indexed, and an alphabetical list thereof to be made in a book to be kept by him for that purpose, contaiuing the names and descriptions of the grantors and grantees, the date of execution and filing, and the sums for which the same have been given; and every bill of sale or copy may be inspected by any person paying a fee of twenty cents therefor.

4. When a bill of sale shall have been discharged, an entry of such discharge may be made in the registry list upon the production of a certificate from the holder of such bill of sale duly attested to by the oath of a subscribing witness made before the registrar of deeds or any justice of the peace, or otherwise as required for the registry of deeds of real estate, and such certificate shall