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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 14. COURT PROCEDURE -- CIVIL
Chapter : Chapter 731. RECOVERY OF LAND GRANTS
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Title 14 - §7201. Breach of condition
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7201. Breach of condition
Where lands have been granted by the Colony or Province of Massachusetts Bay, the Commonwealth of Massachusetts or by this
State, or are hereafter granted, on certain conditions alleged to have been violated, and the State claims to be revested
therein, the following proceedings shall be had.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7202. Filing of information
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7202. Filing of information
When the Legislature or Governor and Council direct, the Attorney General shall file an information in the Superior Court
in the county where the lands lie stating the grant and conditions, the breaches and the claims of the State.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7203. State may maintain action; service
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7203. State may maintain action; service
The State may maintain an action against the person stated as holding the lands under such grant, returnable to said court,
which shall be served 30 days before the return day.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7204. Judgment on default
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7204. Judgment on default
If the defendant does not appear and answer to such information, judgment shall be rendered that the State be reseized of
its lands.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7205. Disclaimer by defendant
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7205. Disclaimer by defendant
If the defendant appears and disclaims holding said lands or any part thereof, the Attorney General shall take nothing by
his information so far as respects the lands disclaimed. The defendant, and all subsequently claiming under him, shall be
estopped from claiming or holding such disclaimed lands.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7206. Claim of title by defendant
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7206. Claim of title by defendant
If the defendant claims all or any part of the lands under such grant and traverses the breaches, the cause shall be tried
by jury, and if the issue is found in favor of the State, judgment shall be rendered that the State be reseized of said estate
and for costs; but if the issue is found for the defendant, he shall have judgment for his costs to be paid from the State
Treasury.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7207. Defendant holding land exceeding grant
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7207. Defendant holding land exceeding grant
If the only alleged breach of condition is that the defendant holds more land than he has a right to hold under the grant,
and it is so found by the jury or the defendant's admission, the court shall assign to him by metes and bounds so much of
the land held by him as is equal in quantity to what he has a right to hold under the grant, and in such part thereof as is
adjudged reasonable by the court.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7208. Location by direction of court
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7208. Location by direction of court
Such part shall be located by persons appointed by the court at the expense of the defendant and a plan thereof returned to
the court. If confirmed by the court, it shall order an attested copy of the location and plan to be filed in the office of
the Director of the Bureau of Forestry, and judgment shall be rendered that the State be reseized of the residue and for costs.
[1973, c. 460, § 18 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7209. Information; notice
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7209. Information; notice
In all other cases where an inquest is necessary, the Attorney General, without order of the Legislature, may file an information
in said court describing the estate claimed and stating the title asserted thereto by the State. Notice shall be given as
before mentioned if there is any tenant in possession; if not, the notice shall be given as the court orders at least 90 days
before the sitting of the court to which it is returnable.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7210. Proceedings, judgment and costs
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7210. Proceedings, judgment and costs
If no person appears and answers to the information, or if a verdict is found that the State has good title to such estate,
judgment shall be rendered that the State be seized thereof and recover costs, but if the verdict is in favor of the defendant,
he shall recover his costs to be paid from the State Treasury.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7211. Information to recover escheats
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7211. Information to recover escheats
The Attorney General may file an information for recovering seizin by the State for any real estate supposed to have escheated
to the State for want of legal heirs. The court shall order such notice thereon as it judges proper.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7212. Tenant not to set up title of alien
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7212. Tenant not to set up title of alien
In such case, the defendant shall not avail himself of the title of an alien, or of a subject of another nation or sovereign,
or of any other person, unless he shows that he is his tenant or agent.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7213. Prevailing defendant entitled to costs
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7213. Prevailing defendant entitled to costs
If on trial the defendant proves that he is such tenant or agent, or the legal owner of such estate, he shall recover his
costs to be paid as aforesaid.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7214. Defendant may prevail by title subsequently acquired
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7214. Defendant may prevail by title subsequently acquired
If it is found that the defendant was not the legal owner of such estate nor had any right as tenant or agent when the process
was commenced against him, but afterward acquired a good title, or became tenant or agent, the Attorney General shall cease
further to prosecute the action; but when the defendant proves no such title to the estate as owner or interest therein as
tenant or agent, judgment shall be rendered that the State be seized thereof, and recover rents and profits as in a civil
action between private persons.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7215. Judgment that State reseized
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7215. Judgment that State reseized
When judgment on information is rendered that the State be reseized or seized of any lands, the State shall be deemed in law
to be so seized, and any judgment so rendered shall conclude all privies and parties and those claiming under them, so long
as it remains in force, subject to section 7216.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7216. Tenant under State to have betterments
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7216. Tenant under State to have betterments
If a person appears and proves himself to have a legal title to such estate and recovers it against the State or its grantee
or tenant, the estate shall be liable for all expenses of improvements thereon over and above the rents and profits thereof,
although the tenant and those claiming under the State had not been in possession during 6 years.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7217. Determination of amount of betterments
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7217. Determination of amount of betterments
For the purpose of ascertaining the amount of such improvements, the Attorney General or the tenant or grantee of the estate
may file a complaint in the Superior Court for recovering the same. Proceedings shall be had thereon as in other civil actions
to ascertain and adjust the amount.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §7218. Levy of execution
Title 14: COURT PROCEDURE -- CIVIL Part 7: PARTICULAR PROCEEDINGS Chapter 731: RECOVERY OF LAND GRANTS §7218. Levy of execution
The sheriff, by virtue of such execution, shall sell at public auction so much of said land as is sufficient to satisfy the
execution and charges unless otherwise paid.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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