Chapter 535: Forfeiture of Grants

The word grant in this chapter includes all grants or charters of lands made by the supreme executive or legislative power of the state, and all acts of incorporation and laws giving to individuals powers or rights not common to all citizens.

The word grantee in this chapter includes the person or corporation to whom a grant is made, and all persons having the right of such person or corporation therein.

Any grant may be adjudged forfeited for the non-performance of any condition annexed to or contained therein, whether such condition be expressed or implied.

Proceedings for obtaining a decree of the forfeiture of such grant may be by information, filed in the superior court by the attorney-general or other person authorized in behalf of the state; or, if the claim is by an individual for the forfeiture of a grant of land, by his petition, filed in the court, alleging the forfeiture and praying for the decree.

The petitioner shall file with the clerk a bond to the state, in a reasonable sum, with sufficient sureties, conditioned to pay all costs which may be adjudged against him.

If the land to which the proceedings relate is in different counties the proceedings may be in either, and the summons upon the information or petition shall be that the grantee appear and show cause why the grant should not be decreed forfeited.

Service of the petition or information and order may be made as required in actions begun by writ of summons. If such service is not practicable, service may be made by publication, or in such other manner as the court may order.

If the grantee does not appear upon such service or notice, the court shall hear the evidence, and adjudge whether the grant is forfeited.

If several persons claim under the same grant they may appear and plead severally.

If it is found by the jury or by the court that the conditions of the grant have not been performed the grantee may in writing allege reasons why the forfeiture ought not in equity to be enforced, and the court, upon consideration thereof, shall determine whether, in equity and good conscience, a decree of forfeiture should be made.

If they decide that such decree ought not in equity to be made the judgment shall be that the grant is not forfeited, for the reasons in equity assigned, and that the grantee pay the costs of suit.

If they decide that the decree of forfeiture ought to be made the judgment shall be that the grant is forfeited.

Whenever such judgment is rendered on information filed in behalf of the state the clerk shall, within thirty days, transmit to the secretary of state attested copies of the judgment, and all papers in the case, which shall be filed in his office and laid before the general court at their next session.

Whenever judgment is rendered that a grant of land is forfeited the grantee may file in writing a claim for improvements made by him on the land, and move to be heard thereon.

The question whether improvements have been made, the value thereof and the value of the land at the time of the entry of the grantee, shall be determined upon equitable principles by the court or a jury, at the election of the grantee.

If improvements are found a decree shall be made that the state or petitioner pay to the grantee the value thereof, or such part of the value as the court may deem equitable, or that the grantee pay to the state or petitioner the value of the land before the improvements were made, and upon such payment that the grantee have the title of the state or of the petitioner thereto.

The decree in such case may be in the alternative, that the grantee pay the value of the land, or that the value of the improvements be paid to him, at his election; and in all cases it may prescribe the time, mode and conditions of payment, as may be equitable.

If the grantee fails to fulfill the decree according to its terms, upon scire facias to him, a final decree shall be made that his claim is forfeited, and a writ of possession shall issue thereon.

If the defendant prevails in the suit he shall recover his costs of the person by whom it is prosecuted, unless authorized to prosecute the same in behalf of the state.

Whenever a grant is adjudged forfeited the grantee is divested of all rights, powers and privileges under it; and it shall be thenceforth void.