the foregoing instrument to be their free act and deed, before me, C. C., Justice of the Peace.

4. By husband and wife.

[Name of county], ss., [date]. Then the above-named A. B., and C. D. his wife, personally appeared, and severally acknowledged the foregoing instrument to be their free act and deed, before me, C. C., Justice of the Peace.

In most of the States, the wife must be examined apart from her husband for the purpose of ascertaining whether or not she acts voluntarily in executing a deed. In such case the certificate may be as follows:

STATE OF MAINE.

County of ss., [date]. Then personally appeared before me, a justice of the peace in and for said county, the abovenamed A. B., and C. D. his wife, and severally acknowledged the foregoing instrument to be their free act and deed. And the said C. D. being of full age [or, as in some States, of the age of eighteen years and upwards], and by me duly examined separate and apart from her said husband, and the contents of said deed being fully made known to her, declared that she voluntarily sealed, executed, and delivered the same without any coercion or compulsion of her said husband. C. C., Justice of the Peace.

5. Application to justice when grantor refuses to acknowledge his deed.

To C. C., a justice of the peace in and for the county of -. Respectfully shows the subscriber, that J. M., of, in the county of [addition] on the day of -- A. D., executed and delivered, in the presence of A. R. and R. V., as subscribing witnesses thereto, the deed herewith filed, dated the day of —, A. D., conveying land lying in in said county, to him the subscriber [or to N. H., under whom the subscriber claims], and then and there refused, and he still refuses to acknowledge his said deed. Wherefore your applicant prays that you will summon the said J. M. to appear before you, the said justice, at a time and place to be appointed by you, to hear the testimony of the subscribing witnesses thereunto; and that such other proceedings may be had in the premises as the law directs.

[Date.]

6. Summons to grantor.

[Name of county], ss.

STATE OF MAINE.

To J. M., of in the county of -, [addition].

H. R.

[L. S.] Whereas, H. R., of in the county of, [addition] has made application in writing to me, a justice of the peace, in and for said county of, and residing in [here state the name of

the town in which the grantor resides, or where the land lies], alleging that a deed dated the day of — -, A. D. —, conveying land lying in in said county of was executed and delivered by the said J. M. to the said H. R. [or to N. H.], under whom the said H. R. claims], in the presence of A. R. and R. V., as subscribing witnesses thereto, and that you, the said J. M., then and there refused and still refuse to acknowledge your said deed. Therefore, you are hereby summoned to appear before me, the said justice, at my office in in said county of, on the -day of, A. D. —, at - o'clock in the noon, to hear the testimony of said subscribing witnesses to said deed, and show cause (if any you have) why the due execution of said deed should not be proved.

Given under my hand and seal, at - day of —, A. D. —.

7. Certificate.

in said county of —, this C. C., Justice of the Peace.

[addi

in said day

[Name of county], ss. H. R., of—, in the county of tion having made application in writing to me, a justice of the peace, in and for the county of, and residing in -, county of, therein alleging that the deed, dated the of —, A. D. —, conveying land lying in -, in said county of -, was executed and delivered by J. M., of, in said county of [addition] in the presence of A. R. and R. V., as subscribing witnesses thereto, to the said H. R. [or to N. H., under whom the said H. R. claims], and then and there refused to acknowledge his said deed. Wherefore the said H. R. prayed that the said J. M. might be summoned before me, said justice, to hear the testimony of the said A. R. and R. V., subscribing witnesses as aforesaid, and that such other proceedings be had in the premises as the law directed: Whereupon, on the day of , A. D. —, a summons, in due form of law, was issued on said application, and was duly served upon the said J. M., on the day of, A. D. —, summoning him to appear before me, said justice, at my office in, in the county of on the day of - —, A. D. —, at o'clock in the noon, to hear the testimony of said subscribing witnesses, and to show cause (if any he had) why the due execution of said deed should not be proved. Thereupon, to wit, at the time and place appointed therefor, as above mentioned, I proceeded to hear the testimony of A. R., one of the subscribing witnesses aforesaid [and of other witnesses, if any, naming them), by which testimony I was satisfied that the said witnesses saw said deed duly executed by the said J. M., who was [or was not] present at said hearing. C. C., Justice of the Peace.

-

CHAPTER XXVII.

INQUESTS IN CASES OF SUSPECTED INCENDIARISM.

1. Whenever any building, or vessel in port, or their contents are wholly or partially destroyed by fire originating on the premises, unless the cause thereof shall be clearly accidental, it shall be the duty of the mayor of the city or the municipal authorities of the town or plantation where the fire occurs, to give notice thereof at once to the sheriff of the county or his deputy, and said sheriff or deputy shall thereupon immediately summon three good and lawful men to appear at the place of the fire at a time to be fixed as soon as possible, to inquire when, how, and by what means the fire originated, and in case of the non-appearance of the person so summoned, the officer shall appoint some other person to complete said number, and it shall be the duty of all persons so summoned to appear and act under such summons, unless excused for reasonable cause.

2. When the persons thus summoned appear, or the number be made complete, the sheriff or deputy shall call over their names, and then in view of the land on which said property was destroyed, he shall administer the following oath: You solemnly swear that you will diligently inquire and true presentment make, in behalf of this State, when, how, and by what means the fire which has here occurred was caused; and that you will return a true inquest according to your best knowledge, and such evidence as shall be laid before you.2

3. The sheriff or deputy shall issue subpoenas for witnesses, returnable forthwith, at such time and place as he therein directs. Such witnesses shall be allowed the same fees, and their attendance shall be enforced in the

Public Laws of 1873, c. 142.-2 R. S. c. 26, § 30; Public Laws of 1873, c. 142.

same manner as if they had been served with a subpoena in behalf of the State, to attend any court before such sheriff or deputy. They shall be sworn and their testimony shall be reduced to writing by the presiding sheriff or deputy, or some person by his direction, and by them subscribed.

4. The jury, after hearing the testimony and making all needful inquiries, shall draw up and deliver to such sheriff or deputy their inquisition, under their hands, in which they shall find and certify, when, how, and by what means such fire was caused. Said inquisition and testimony thus subscribed, shall be filed by said sheriff or deputy, with the clerk of the courts for said county, within one week thereafter.*

5. The fees of the officer shall be the same as prescribed for the coroner in cases of inquest upon dead bodies, and the fees of the jurors shall be two dollars each for the inquest, with traveling fees the same as witnesses in court; and the amount thereof shall be added to the county tax of the town where the fire occurred, and be paid and collected as other county taxes.5

(a) FORMS UNDER THIS CHAPTER.

1. Notice.

STATE OF MAINE.

[Name of county], ss.

To A. B., sheriff (or deputy of the sheriff), of the county of-. The undersigned C. D., E. F., and G. H., municipal officers of the town of -, in behalf of the State, give notice that a certain building, situated in -, in said county, to wit, the dwelling-house owned and occupied by R. T., of said, was, on the day of A. D. —, destroyed by fire originating on the premises; and that the cause thereof was not clearly accidental. Wherefore they pray that due inquisition may be made in the premises, in accordance with the statute in such cases made and provided. Dated at - in the county of A. D.-. [Signatures.]

R. S. c. 26, § 31, and Public Laws of 1873, c. 142.-4 R. S. c. 26, § 32, and Public Laws of 1873, c. 142.-5 R. S. c. 26, § 33, and Public Laws of 1873, c. 142.

2. Summons.

STATE OF MAINE.

[Name of county], ss.

To [here insert the names of three good and lawful men.]

GREETING.

[L. S.] Forasmuch as the foregoing notice hath this day been served upon the subscriber, sheriff (or a deputy of the sheriff), of the county of, aforesaid: Therefore, in the name of the State of Maine, you are hereby required to appear before the said sheriff [here insert description of place of said fire], in —, in said county of, on the day of - A. D., at - o'clock in the noon, then and there to inquire when, how, and by what means the fire mentioned in said notice originated. Fail not at your peril.

Given under my hand and seal, at in said county, the day of —, A. D. —. A. B., Sheriff.

3. Return.

[Name of county], ss. [date]. By virtue of authority vested in me by law, I have summoned [here name the persons], all good and lawful men of the county of, to appear at the time and place and for the purpose specified in the within summons.

4. Subpoena for witnesses.

A. B., Sheriff.

GREETING.

[L. s. You are required in the name of the State of Maine to make your appearance before me, A. B., sheriff of said county of -, at, on-, at- o'clock in the noon, to give evidence of what you know relating to the origin of the burning of the dwelling-house of —, situated in —, in the county of -, destroyed by fire the day of, A. D. —.

Hereof, fail not, as you will answer your default under the pains and penalties of the law in that behalf made and provided. A. B., Sheriff.

Dated at

-, the

day of —, A. D. —.

5. Inquisition.

An inquisition held at -, within the county of, on the day of — A.D.—, before A. B., a sheriff, in and for said county, by the oaths of A. B., C. D., and E. F., good and lawful men of said county, sworn to inquire for the State when, how, and by what means the fire originated which destroyed the dwelling-house occupied and owned by one R. T., of, in said county, upon