230 BOARD OF AGRICULTURE. 



or a dam is constructed by which such lauds are liable to be 

 flowed, to give, for a reasonable compensation, a full release 

 of such ward's claim for damas^es, which shall be bindinsf on 

 the ward and his heirs forever. 



Eighth — Of executors or administrators, to sell real estate 

 held in mortgage, or taken on execution, and the right of 

 redemption foreclosed, when it ajipears to be for the benefit 

 of the parties in interest, and to distribute the proceeds as in 

 other cases of personal estate. 



Ninth — Of public administrators, after three years from 

 the granting of administration, to sell any or all of the real 

 estate of the deceased, when it appears to be for the interest 

 of all concerned, and that no heir or other person interested 

 therein, except creditors, can be found in the United States. 



Tenth — Of a part or all of the heirs living in different 

 states, of a person deceased, who left real estate in this state 

 undevised, the owners of which cannot dispose of their 

 separate interests without loss, that the executor, administra- 

 tor or other suitable person be authorized to sell such estate, 

 and distribute the proceeds, after paying expenses, amongst 

 such heirs, according to their respective rights therein ; 

 unless, after public notice, the first publication to be thirty 

 days prior to the hearing, or longer if the judge deems it 

 necessary", any owner objects to such sale, and if so sold, the 

 share of any absent owner shall be placed on interest until 

 called for by him or his legal representatives. 



SALES AT AUCTION. 

 Revised Statutes of 1871, Chapter 71. 



Sec. 2. All the sales aforesaid shall be at public auction, 

 except as hereinafter provided, and the decision of the judge 

 of probate on such applications may be appealed from, as in 

 other cases ; and the supreme judicial court shall have original 

 and concurrent jurisdiction with the probate court in all the 

 cases aforesaid. 



Sec. 3. All persons licensed as aforesaid, before proceed- 

 ing to make such sales, leases or exchanges, shall give bond 



