Of notice petition. on Citation, what to contain, and how served. Of surety for costs on, and consolidation of petitions. Of costs on petitions. Petition against corporation, where filed. Who may contest petition. Of trial and petition, and of decree of sale. ticularly describing the building, canal, turnpike, railroad, improve- SEC. 10. Upon filing the petition, the clerk shall by advertisement, to be inserted in some public newspaper printed in this state, for at least two weeks, notify all persons having a lien by virtue of this chapter, or a mortgage, or an attachment, or any other claim, on all or any part of the same property, to appear before said court at the then next term thereof, and make out their demands against the same, and shall also issue a citation to the owner of said property, and to each and every person having a mortgage, attachment, or any other conveyance thereof, or of any part thereof on record; also then and there to appear and show cause, if any they have, why such lien should not be allowed and enforced by said court, for the amount claimed. SEC. 11. Such citation shall contain the substance of said petition, and shall be served on said parties by a sheriff or deputy sheriff, at least ten days before the sitting of said court, by leaving an attested copy at the last and usual place of abode of each of the persons to be cited, or by reading the same in their presence and hearing, if they reside in this state, otherwise by publishing a notice thereof in some newspaper printed in this state for at least three times. SEC. 12. If more than one such petition be filed against the same, or any part of the same property, like proceedings shall be had on each, and each petitioner shall give, or be compelled by the court to give, surety for costs, unless he himself be an inhabitant of the state; but all such petitions against the same or any part of the same property, shall be consolidated, after the returns of the citations, and shall proceed as one. SEC. 13. The costs of the proceedings shall in every instance be within the discretion of the court, both as between petitioners, and as between each one of them and the respondent. SEC. 14. In case a petition shall be filed against any corporation, it shall be filed in the county in which an action against such corporation is required to be commenced. SEC. 15. It shall be the right of a respondent to any such petition, and of every person claiming to have a lien by virtue of this chapter, on the property described therein or on any part thereof, and of every person claiming an interest therein by mortgage, attachment, or otherwise, to contest, as well the right of the petitioner, and of all others claiming a lien under this chapter to said property or any part thereof, to any such lien, as the amount of the claim. SEC. 16. If it shall appear to said court by confession, or on trial, proceedings on that the petitioner, or any other person, party to the proceedings, claiming to have a lien on said property, or any part thereof by virtue of this chapter, had any legal claim against the same at the time of filing said petition, or of becoming party to the proceedings, said court shall, by themselves, or by a master to be by them appointed for that purpose, proceed to ascertain the exact nature and amount of each claim on said property, or any part thereof, made by or belonging to any person party to the said proceedings, and the order in which, according to equity and good conscience, they should be paid out of said property, and how much of said property, and especially how much, if any, and what portions of land under and adjoining the same, subject to sale by the provisions of this chapter, should be sold to satisfy such claims; and thereupon said court shall decree the said property, or some part of it, or the interest of the person respondent in such property, or some part of it, at the time the lien accrued, to be sold by and under the direction of a master to be appointed for that purpose, with such instructions, restrictions, and conditions, as they shall give in the premises, regarding therein the interest of the owner and his general creditors. SEC. 17. The proceeds of such sale, after payment of such costs Proceeds of sale, how apand incidental charges as shall be allowed by the court, shall be applied. plied by said master, according to his instructions, to the payment of the claims as marshalled and ascertained, and the balance, if any, which shall remain after payment thereof, shall be paid over by the master to the owner of the property sold. Of bond of master, in case SEC. 18. The court may, in its discretion, require of such master, bond or bonds, with surety or sureties, in such sum, and to such per- of sale by. son or persons, as they may direct, securing the faithful application of the proceeds of sale, and may from time to time remove any such master on account of any non-compliance with its order or decree, and appoint a new master in his stead. SEC. 19. All steam-engines and parts thereof, and all boilers, kettles, or vats made of iron, copper, wood, or other materials, whether set in brick or stone, or not so set; and all water wheels, gearing, or shafting, in any mill or building, and there used or intended to be used; and all steam-pipes, gas-pipes, and water-pipes, cocks, and eave troughs made of copper or other metal, attached to any mill or other building, shall, for all the purposes of this chapter, be considered and treated as parts of such mill or other building. What machin ery and fix. tures, part of mill or build ing. much included. SEC. 20. The word land, as used in the first, second, third, ninth, "Land," how and sixteenth sections of this chapter, shall be construed to include so much of the land and its appurtenances, under and adjoining such building, canal, turnpike, railroad, and other improvement, belonging to the owner of such building, canal, turnpike, railroad, and other improvement, as the person erecting, constructing, or repairing the same, and furnishing materials as aforesaid for such erection, construction, or reparation, may choose to describe in his commencement of legal process against the same. SEC. 21. Whenever any such building, canal, turnpike, railroad, or other improvement shall be subject to sale under this chapter, and legal process shall be commenced against the same, any contractor who shall not have fully completed his contract in relation to the erection, construction, or reparation thereof shall thereafter be excused from completing the same; and such contractor shall have his lien thereon, for the full value of the work done and materials by him furnished. SEC. 22. In every decree of sale, the court shall prescribe the notice that shall be given of such sale, and shall also give therein such instructions and particular directions as each case may require; and upon application to said court at any time, further instructions and directions may be given from time to time in relation thereto. SEC. 23. Every person who shall neglect to present and prove his claim before any master appointed under this chapter, within the time appointed for so doing, shall not be entitled to any distribution or dividend, and shall be debarred of all specific claims against such property, unless the court may direct the same to be sold subject of incomplete contracts, in case of sale. Of notice of sale, when de creed. Effect of neglect to present claims before master. thereto; but his claim on the party with whom the contract was made, or at whose request the work was done, or the materials furnished, shall not be thereby impaired. Power of supreme court to appoint, remove, &c., trustees, upon petition in equity. Of the issuing and service of citation, upon filing of such petition. Trustee, may be beneficially interested in trust. Legal title to trust estate vested in new trustees, by decree of court. Decree, where to be recorded. SECTION CHAPTER 167. OF TRUSTS, TRUSTEES, AND TRUST ESTATES. 1. Power of the supreme court to ap- 2. Of the issuing and service of cita- 5. Decree, where to be recorded if 6. Of proceedings for cy pres applica. SECTION 7. Power of supreme court to decree sale of trust property. 8. Power of trustees to submit matters to arbitration. 9. Power and duty of infant trustees to convey their interest in trust estates, under direction of supreme court. 10. Supreme court to make all orders, &c., for disposition of purchase money belonging to such infant trustee. 11. Trustees of railroad corporations, limitation of personal liability of. SECTION 1. Whenever a will, or other instrument creating a trust, shall not provide for the appointment of a trustee therefor, or for the reappointment of a trustee in case of a vacancy in the office thereof, the supreme court may, upon a petition in equity brought by any person interested in such trust, setting forth the facts, and after due notice to all parties interested therein, do all things in relation to such trustee, his appointment, and removal, as said court might do upon a bill in equity brought for that purpose. SEC. 2. Upon the filing of any petition for the appointment or removal of any trustee under the provisions of the preceding section of this chapter, the clerk of the court with whom such petition shall be filed shall issue a citation to all parties interested, which citation shall be served in such manner as said supreme court may prescribe. SEC. 3. Whenever the person creating a trust shall nominate to the court for appointment a trustee who is otherwise qualified, it shall be no objection to his appointment that the person so nominated is beneficially interested in such trust. SEC. 4. In all cases where trustees shall have been appointed under any instrument creating a trust, by any court of competent jurisdiction, the decree of said court shall vest the legal title to the property devised, bequeathed, or conveyed in trust, absolutely in said new trustees for the purposes of the trust, and no conveyances shall be required to be executed by any former trustee or trustees, or his or their heirs or legal representatives, or by the cestui que trust or his representatives, or any other parties, for the purpose of vesting said legal title in said new trustees. SEC. 5. In case real estate shall constitute any portion of said trust property, a certified copy of the decree of the court appointing trustees, under the seal of the court making the same, shall be recorded in the town where said real estate lies; and in case personal estate shall constitute said trust property or any portion thereof, a copy of the decree of the court, similarly certified, shall be recorded in the town in which the trustees may reside. trust property. SEC. 6. Whenever a bill of complaint, in any suit brought for the Of proceedings appointment of a trustee, or a new trustee for any charity or chari- for cu pres application of table or public purpose, shall allege substantially that the purposes expressed by the donor in and by the instrument creating the trust cannot be carried into effect, the prayer of the bill may include, in addition to the other relief asked for, a prayer for a cy pres application of the trust property; and thereupon all such proceedings, orders, and decrees shall be had and taken in said suit as well as to said application of the trust property, as to the appointment of a trustee or trustees as aforesaid, with the like effect, and in the same manner, as in a separate suit regularly instituted for each of such purposes; and in case a cy pres application shall be so made, said trust property shall vest in the trustee or trustees who may be appointed in the said suit, upon the trusts, and to and for the ends, intents, and purposes, to be expressed and declared in and by the decree by which such appointment shall be made, without the necessity of any conveyance for that purpose; but where any part of the trust property shall consist of real estate, a certified copy of the said decree, under the seal of said court, shall be recorded in the office for the recording of deeds in the town in which such real estate lies; and in case the trust property shall consist of personal estate only, a copy of said decree, sealed and certified as aforesaid, shall be recorded in the office for the recording of deeds in the town in which the trustee or trustees appointed by the said decree, or either of them, shall reside. SEC. 7. Whenever the sale or conveyance of any trust estate shall become necessary or expedient, the supreme court may, in its discretion, upon a suit in equity, decree such sale and conveyance, and the investment, reinvestment, and application of the proceeds thereof, upon such security, and in such manner, as shall best effect the objects of the trust, and be most safe and beneficial for all interested therein; but no sale shall be decreed where the deed or instrument creating the trust prohibits a sale. Power of supreme court to trust property. decree sale of tration. Power and duty of infant trustees to make convey SEC. 8. Trustees may enter into a rule of the supreme court, in Trustees may like manner as other parties, to submit matters in dispute, in relation enter into arbito the estates represented by them, to arbitration and award. SEC. 9. Whenever any person seized or possessed of any real or personal estate upon any express, implied, resulting, or constructive trust, shall be under the age of twenty-one years, such infant may, by direction of the supreme court in any suit brought therein, convey and transfer the said estate to such person, and in such manner, as the supreme court may direct, and every such conveyance shall pass to the grantee therein all the interest of such infant in the said estate, as effectually as if such infant was of full age at the time of making the same; and in case such infant shall not make such conveyance, he may be compelled to make the same by said court, in like manner as if such infant was of full age. ances under direction of supreme court. Supreme court to order, &c., disposition of SEC. 10. The supreme court may make all necessary orders and decrees, for the payment and disposition of money belonging to such infant trustee, which may be payable by any person, upon the making purchase of any conveyance, under the provisions of the preceding section. money. Trustees of SEC. 11. Whenever any railroad corporation shall mortgage or railroad corpo- convey in trust its railroad or railroad property, or any part thereof, rations, limitation of personal to trustees, for the security of its bondholders or other creditors, or liability of. for the security of any class of such bondholders or other creditors, and such trustees shall have taken possession of any railroad or railroad property, in pursuance of any authority contained in their mortgage or deed of trust, and shall take charge of, and operate such railroad or railroad property for the benefit of the creditors for whom such trust was created, such trustees shall not, after the assent of the bondholders as hereinafter provided, be personally liable for any cause or injury arising from the operation of such road, or while they may operate the same (except for their wilful mismanagement), or for any contracts made by them as such trustees, but all such railroad property shall, the bondholders having assented thereto, be liable for the acts and proceedings of such trustees in the execution of their trusts, to the extent of the interest of the said trustees of the bondholders or creditors for whose benefit such trustees may act, and any action or other proceeding therefor shall be brought against such trustees, describing them as such. TITLE XXIII. OF COURTS OF PROBATE. CHAPTER 168. Of the jurisdiction of courts of probate, and of license to sell real estate. CHAPTER 169. Of applications to, and of citations and notices by, courts of probate. CHAPTER 170. Of appeals from courts of probate. CHAPTER 168. OF THE JURISDICTION OF COURTS OF PROBATE, AND OF SECTION 1. Courts of probate, their constitu- 2. Court of probate of Providence, 3. Power of courts of probate of SECTION 5. Power of, to grant administration in case of non-residents. 6. First administration granted, a bar when. 7. Power of courts of, to appoint custodians of property of deceased persons and those under guardianship. 8. Power of, to appoint and approve guardians. 9. To examine and allow accounts of |