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SEC. 11. Upon the rendering of a final decree on such a petition prescribing the manner in which the dower shall be assigned, the court rendering the same shall appoint three disinterested men, who shall have and exercise the same duties and powers and in the same manner and under the same restrictions as though they were appointed to set off dower in an action of dower according to the provisions of this act; and their report being made to said court, like proceedings shall be had thereon and with like effect as in an action of dower: provided, however, that no damages shall be allowed on such petition for detention of dower; and provided further, that no appeal shall be had from any decree of any court of probate affirming any report made to them by the men appointed by them to set off dower as aforesaid.

SEC. 12. No woman who shall be endowed of any lands, tenements or hereditaments as aforesaid, shall commit or suffer any strip or waste thereon, upon penalty of forfeiting the whole of that part of the estate upon which such strip or waste shall be made, and the damages assessed for waste, to him who has the immediate estate of freehold or inheritance, remainder or reversion, by an action of waste to be brought therefor; and all tenants in dower shall maintain the houses and tenements, with the fences and appurtenances whereof they may be endowed, in good repair during the term, and shall leave them so at the expiration thereof.

SEC. 13. If any estate real or personal be conveyed by deed, or the same be devised or bequeathed for the jointure of the wife in lieu of her dower, to take effect in her own possession immediately on the death of her husband and to continue during her life, or in fee, determinable by such acts only as would forfeit her dower at the common law, such conveyance shall bar her dower of the residue of the lands, tenements and hereditaments, which her said husband at any time possessed; but if the said conveyance was before marriage and during the infancy of the woman, or after marriage, in either case the widow may, at her election, waive such jointure and demand her dower; provided the same be done in writing within twelve months after the probate of the will, if there be one, and if not, then within twelve months after the granting of letters of administration on her deceased husband's estate.

SEC. 14. When any conveyance or devise intended to be in lieu of dower shall, through any defect, fail to be a legal bar thereto, and the widow availing herself of such defect

shall demand her dower, the estate so conveyed with intention to bar her dower shall thereupon cease and determine.

SEC. 15. If any widow be lawfully expelled or evicted from her jointure, or any part thereof, without any fraud or covin, by lawful entry or action, she shall be endowed of so much of the residue of her husband's lands, tenements and hereditaments, whereof she was dowable, as the same lands, tenements or hereditaments, wherefrom she was so evicted and expelled shall amount and extend to.

SEC. 16. Widows may bequeath the crops as well of their dower, as of their other lands and tenements; and if any widow shall erect any fence on or around her dower land, her executors or administrators may enter thereon and remove the same, doing as little damage as may be to the freehold, at any time within six months after the death of such widow.

An Act concerning Partition and Estates holden in Common and in Joint Tenancy.

SECTION

1. Joint tenants and tenants in common
in fee in possession, compellable to
make partition by writ of partition.
2. Joint tenants and tenants in common
for life or years, compellable to make
partition during the continuance of
their estates, by writ of partition.
3. Partition between tenants of the fee
and tenants for life or years may be
compelled by writ of partition to con-
tinue during the shortest estate-if
tenant in reversion join with tenant
for life or years in compelling parti-
tion, partition to be of the fee-such
suit not to abate by the death of the
tenant for life or years.
4. If defendant in partition reside out of
the state, copy of writ to be left with
tenant-if such defendant live within
the United States and do not appear
the first term, cause to be continued,
and agent to be appointed by court to
attend to his interests.

5. If defendant be infant, &c., without
guardian, court to appoint a guardian
ad litem.

6. Either party may appeal from judgment of court of common pleas for partition in two days after judgment, but not after-one or more commissioners to be appointed and sworn to make partition agreeably to the judgment, after notice to the parties-their report when accepted to be final.

SECTION

7. In case of appeal, supreme court after judgment for partition to appoint.commissioners, and proceed as court of common pleas.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Costs in partition to be in the discretion of the court.

Omission of a party not to abate action, but omitted person to be summoned and his name inserted in the process.

Each plaintiff may have his share set
off by itself.

Each defendant may answer separate-
ly and have his share set off by itself.
Suit in partition not to abate by the
death of either plaintiff or defendant;
but heirs at law to be cited in.
If plaintiff allege that any of his co-
tenants are unknown to him, court to
order notice to such unknown parties
by advertisement or otherwise.
In cases where all parties are not
known, the shares of the unknown
parties to be left undivided, and the
shares of the known parties only set
off.

In actions for possession one or more
tenants in common, &c., may sue for
his separate right-and so for mesne
profits.

All conveyances to more than one shall not convey a joint tenancy unless it be expressly stated in the conveyance to be so intended.

It is enacted by the General Assembly, as follows:

SECTION 1. All joint tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate of inheritance in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, by writ of partition.

SEC. 2. All joint tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, to continue until the estate of some of the parties to the same shall determine, and no longer, by writ of partition.

SEC. 3. All joint tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, with others who have estates of inheritance in possession in the same lands, tenements and hereditaments, may compel or be compelled to make partition of such lands, tenements and hereditaments, to continue until the estate of some of the parties shall determine, and no longer, by writ of partition; but if the tenant in reversion or remainder in fee join with the said tenant for life or years in compelling partition of any such lands, tenements or hereditaments, against the other co-tenants, the partition shall be of the whole estate and binding on the heirs and assigns of all parties; and no such action shall abate by the death of the tenant for life or years, or the expiration of the term of years; but the surviving plaintiff may prosecute the said action to final judgment and exe

cution.

SEC. 4. When any person named defendant in such writ of partition shall not be an inhabitant of this state, and by reason of his absence cannot be personally summoned to answer thereunto, legal service of said writ shall be made by leaving a copy thereof with the tenant in possession (if any there be) of the estate, whereof partition is demanded; and if the said person named defendant as aforesaid shall live within the United States and shall not appear at the court to which said writ shall be returnable, to defend the same, the action shall be continued one term; and in such case, if the defendant does not then appear, it shall be the duty of the court to

appoint some discreet and disinterested person as agent o such defendant, whose duty it shall be to defend such suit; and in case judgment shall be rendered for partition, to attend to the partition to be made, and therein take care of the interest of the person for whom he shall have been appointed agent as aforesaid: provided always, that no judgment for partition shall be rendered in any case against the defendant who shall be out of the United States at the time of the service of such writ of partition, and shall not have been absent twelve months, and shall be expected to return within six months.

SEC. 5. In any action of partition where the defendant shall be an infant, non compos mentis or otherwise incapacitated to take care of his right and estate, and shall have no lawful guardian, it shall be the duty of the court before which such action shall be pending, to appoint some discreet and disinterested person as guardian to defend such infant, non compos mentis or otherwise incapacitated person against such suit; and in case of judgment for partition, to attend to the partition to be made, and therein take charge of the interest of the person for whom he shall be appointed guardian.

SEC. 6. Either party may appeal from the judgment of the court of common pleas that partition shall be made; but if no such appeal shall be prayed in open court within two days next after such judgment, the same shall be final; and it shall be the duty of such court thereupon, on the motion of the plaintiff in such writ of partition, to appoint, at their discretion, one or more discreet, impartial and disinterested persons, to make partition pursuant to such judgment, who shall be sworn to the faithful discharge of their trust; and it shall be the duty of the persons so appointed, first giving reasonable notice to the respective parties, to cause a just partition of the estate to be made amongst the respective parties according to their several rights, as ascertained by the judgment of the court ordering such partition; and to make report of their proceedings with a plat of the division by them made, to the court by whom they shall have been appointed; and if no sufficient cause shall be shown for rejecting the said report, judgment shall be rendered thereon in conformity thereto; and said report, plat and judgment shall be recorded in the office of the town clerk of the town or towns in which said estate may be; the expense of which record shall be made a part of the cost in said action.

SEC. 7. If an appeal from any judgment of the court of common pleas for making partition shall be prayed as afore

said, and on hearing of the case before the supreme court, judgment shall therein be rendered for partition, it shall be the duty of said supreme court, in like manner, to appoint, at their discretion, one or more discreet, impartial and disinterested persons, to make partition pursuant to the judgment of said court, who shall cause partition to be made in like manner, and under the same regulations, as are above prescribed, in case the said judgment for partition had been rendered in the court of common pleas; and whenever any judgment of any court of common pleas for partition shall be confirmed by the supreme court, on the complaint of any party not appealing therefrom, similar proceedings shall be had in said supreme court.

SEC. 8. In all actions of partition, the court before which the same may be pending, may adjudge and determine as to them shall appear equitable and just relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the same equally or subjecting either party to the payment of the whole or any part thereof.

SEC. 9. In any action of partition, if any person who ought to be a party to such action shall be omitted in the writ, the writ or process in such action shall not be thereby abated; but in case the same is pleaded, a summons shall issue to the person thus omitted, which shall be served in manner prescribed by law, at least twenty days before trial; who may come in and defend in the same manner as though he had been originally made a party to such action; and if the person thus summoned shall appear or shall neglect to appear, his name may be inserted in the process by the court; and judgment shall be rendered in such action in the same manner as if such person had been originally a party in the writ.

SEC. 10. In all actions of partition by several plaintiffs, setting forth each of their several rights and interests in the estate for the partition of which the action is commenced, judgment may be rendered, that each plaintiff shall have his part of said estate set off to him in severalty; or that any two or more of the plaintiffs may have their parts set off to them in common.

SEC. 11. In all actions of partition against several defendants, each of the defendants may answer severally; or any two or more may answer jointly; and in their answers set forth the right or interest which they and each of them have in the estate for the partition of which the action is commenced; and judgment may be rendered that each de

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