May be endowed of rents Waste forfeits dower All prior laws repealed Effect Sec. 4. That where estates, of which a woman is dowable, are eutire, and where no division can be made by metes, or bounds, dower thereof shall be assigned in a special manner, as of a third part of the rents, issues and profits, to be computed and ascertained in manner aforesaid. Sec. 15. That no woman who shall be endowed of any lands, tenements or hereditaments as atoresaid, shall wantonly commit, or suffer any waste thereon, under the penalty of forfeiting that part of the estate, in which such waste shall be made to him or them that have immediate estate of inheritance in remainder or reversion, to be recovered in action of waste. Sec. 16. That all laws and parts of laws, heretofore passed on the subject of dower, be, and the same are hereby repealed. This act shall take effect and be in force from and after the first day of June next. JOSEPH RICHARDSON, Speaker of the Senate. January 28, 1823. Course of des cents of real es AN ACT regulating descents, and the distribution of personal estates. Sec. 1. Be it enacted by the General Assembly of the State of tates of inherit Ohio, That when any person shall die intestate, having title or ance which have right to any real estate of inheritance in this State, which title come by descent, shall have come to such intestate by descent, devise, or deed of gift from an an gitt, from any ancestor, such estate shall descend and pass in devise or deed of cestor parcenary to his or her kindred, in the following course: First, To the children of such intestate, or their legal representatives: Second, If there be no children or their legal representatives, the estate shall pass to the brothers and sisters of the intestate, who may be of the blood of the ancestor from whom the estate came, or their legal representatives, whether such brothers and sisters be of the whole or the half blood of the intestate: Third, If there be no brothers or sisters of the intestate, of the blood of the ancestor from whom the estate came, or their legal representatives, and if the estate came by deed of gift, from an ancestor who may be living. the estate shall ascend to such ancestor: Fourth, If the ancestor from whom the estate came be deccased, the estate shall pass to the brothers and sisters of such ancestor, or their legal representatives; and for want of such brothers or sisters, or their legal representatives, to the brothers and sisters of the intestate of the half blood, or their legal representatives, though such brothers and sisters be not. of the blood of the ancestor from whom the estate came: Fifth, If there be no brothers or sisters of the intestate, or their legal representatives, the estate shall pass to the next of kin to the intestate of the blood of the aucestor from whom the estate came. Estates othe Sec. 2. That if the estate came not by descent, devise, or wise derived, deed of gift, it shall descend to the children of the intestate, and shall descend to their legal representatives. children thers and sisters of the whole bloou Sec. 3. That if there be no children, or their legal repre- If no children, sentatives, the estate shall pass to the brothers and sisters of the then to the bro intestate of the whole blood, and their legal representatives. Sec. 4. That if there be no brothers or sisters of the intestate of the whole blood, or their legal representatives, the estate such, then shall pass to the brothers and sisters of the half blood, and their those of the half legal representatives. if there be none blood to None of half shall ascend to See. 5. That if there be no brothers or sisters of the intes tate of the half blood, or their legal representatives, the estate blood, estate shall ascend to the father; if the father be dead, then to the father, &c. mother. Parents dead, then to next of kin or beits be aliens, or wife Sec. 6. That if the father and mother be dead, the estate shall pass to the next of kin to, and of, the blood of the intestate. Sec. 7. That when any person shall die intestate, or who if there be nowe has heretofore died intestate, leaving no one of kin of the blood of kin, or if kin of such intestate; or if the kin or beirs of the blood of such in- the estate shalk testate be aliens, residing out of this State; the estate of such vest in husband intestate shall pass to, and be vested in, the husband or wife, relict of such intestate, unless such alien or aliens shall appear and prosecute nis, her, or their claim, within ten years after the death of such intestate: Provided, That the alien beir of, any intestate who has heretofore died, shall be allowed fif teen years from the death of such intestate, to assert his or her claim to the estate of such intestate. Proviso Sec. 3. That when any person shall die intestate, having ti- When none enti tle or right to any real estate, and there shall be no person en- tied to inherit, es titled to inherit the same, by the provisions of this act, the said tate shall escheat real estate shall escheat to, and vest in, the State. of intestates,how Sec. 9. That if any person shall die intestate, leaving any goods, chattels, or other personal estate, such goods, chat- Personal estate tels, or other personal estate, shall be distributed agreeably to distributed the foregoing course prescribed for the descent of estates, which came not to the intestate by descent, devise, or gift; saving, bowever, such rights as any widow may have to any portion of such personal estate: Provided, That if there shall be no person entitled to inherit, agreeably to the provisions of this act, property shall such personal estate shall pass to, and vest in, the State: and it vest in the State shall be, and is hereby made the duty of the prosecuting attor ney of the county in which letters of administration were or may be granted upon such estate, to collect the same and pay it over to the treasurer of State. On failure of heirs, personal Sec. 10. That where any of the before mentioned children, When heirs sha brothers, sisters, or their legal representatives, in the same de-take per capita gree of consanguinity or kindred, come into partition of any real estate, they shall take per capita: but where one or more of them are dead, and one or more of them are living, the issue of those dead shall have a right to partition; and such issue, in When per stirpes such case, shall take per stirpes. How considered on partition Sec. 11. That if any child or children of the intestate, or their Advancement, issue, shall have received from the intestate in his life time, any real estate by way of advancement, the value of such real estate, at the time of such advancement, shall be considered as part of his or her share on partition, unless such value shall be greater than his share of the estate descended, and then such advancement shall be considered as his or her full share; and the estate descended as aforesaid, shall be equally divided amongst the other heirs of the intestate. Descent through good Bastards may in Sec. 12. That in making title by descent, it shall be no bar alien ancestor to a party, that an ancestor through whom he or she derives his or her descent from the intestate is, or hath been an alien: Basherit from mo- tards shall also be capable of inheriting, or of transmitting inheritance on the part of their mother, in like manner as if they had been born in lawful wedlock. ther Sec. 13. That where a man, having by a woman one or more Bastards born, le children, shall afterwards intermarry with such woman, such gitimated by in child or children, if recognized and acknowledged by him as his child or children, shall be thereby legitimated: the issue also of marriages deemed null in law, shall nevertheless be legitimate. termarriage of parents, &c. Courtesy and Sec. 14. That nothing in this act shall be so construed, as to dlower not affect affect the right which any person may have to any estate by the courtesy or in dower, in any estate of inheritance of any deceased person. ed by this act Act repealed Proviso saving Fights acquired Sec. 15. That the act, entitled "An act regulating the course of descents and distribution of personal estates," passed February eleven, eighteen hundred and twenty-four, be, and the same is hereby repealed: Provided, That the repeal of said act shall not in any way affect the rights of any person derived under said act. This act to take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. February 24, 1831. Joint tenants, AN ACT to provide for the partition of real estate. Sec. 1. Be it enacted by the General Assembly of the State of tenants in com- Ohio, That all joint tenants, tenants in common and coparcemon, and copar-ners of any estate, in lands, tenements or hereditaments, within. partition this State, may be compelled to make, or suffer partition of such ceners may be estate or estates, in manner hereinafter prescribed: and where compelled such estate or estates are situated in one county, the proceedings under this act, shall be had in the court of common pleas, in such county; and where situate in two or more counties, the proceedings under this act, may be had either in the supreme court, when said court shall be in session, in any one of the counties where a part of the premises to be divided shall be situate; or in the court of common pleas, in any one of the counties where a part of such premises shall be situate, at the elec tion of the demandant of partition. filed Sec. 2. That any person or persons entitled to partition of his, her or their estate or estates, under this act, may file his, her Petition or their petition, in the court of common pleas, or supreme court, as the case may require, praying that partition of such estate or estates may be made; which petition shall set forth the nature of the title of the demandant, the tract or tracts of land, the tenements or hereditaments, of which partition is demanded, and also, the name or names and place of residence of each joint tenant, coparcener or tenant in common, with such demandant, if they shall be known to such demandant: and if, on examination, it shall appear to the court, that the demandant hath a legal right to any part of such estate or estates, the court shall proceed, in the term in which such petition may be filed, to order a partition to be made in the manner prescribed by the provisions of this act. Sec. 3. That the demandant in any petition, shall give no to be tice in some newspaper in general circulation, in each county Notice when and where the lands lie, or shall give personal notice in writing, to how given each and every person concerned, their agent or attorney, at least forty days previously to the term of the court, next after the filing his petition, setting forth the pendency and demand thereof. Court ordering sheriff Sec. 4. That whenever it shall appear to the court that due notice hath been given, as aforesaid, and no sufficient reason partition shaft shall appear why partition should not be made, the court shall issue writ to proceed to order the partition in favor of such demandant, or all parties in interest, and shall issue their writ, directed to the sheriff of their county; or in case the estate or estates, of which partition is sought, shall be situate in more than one county, then to the sheriff of either of the counties in which the estate or estates may be, commanding him, that by the oaths of three judicious and disinterested freeholders of the vicinity, to be named by said court, he cause to be set off and divided to the demandant, or each party in interest in said petition, such part and proportion of such estate or estates, as the court shall have ordered. Sec. 5. That in making such partition, it shall be the duty Duty of freehoi of said freeholders to view and examine such estate or estates, ders making par and on their several oaths or affirmations, set apart the same in tition How they shall partition of more than one tract such lot or lots, as will be most advantageous and equitable,, having due regard to the improvements, situation and quality of the different parts of such estate or estates. Sec. 6. That when partition of more than one tract is demanded in the same petition, said freeholders shall set off to proceed when each of the petitioners, or parties in interest, his proper proportion in each of the several tracts of which partition is demanded, i-demanded unless the several tracts of which partition is demanded shall be owned by the same proprietors, in the same proportion in each tract; in which case the whole share of any proprietor in, and to all, the several tracts may be set off to such proprietor, according to the best discretion of said freeholders. Barties may ap pear in court and consent to nartkion not bear parti. be appraised Sec. 7. That before a writ shall have issued to the sheriff, the person or persons of whom partition is demanded, shall have the right of appearing in court, in person or by attorney, and of consenting to a partition of such estate or estates, agreeably to the prayer and facts set forth in the petition; which amicable partition made and recorded, shall be valid between the parties thereto. Sec. 8. That when any writ of partition shall issue, as aforeWhen lands will said, if the freeholders who are directed to make such partition, tion, they shall shall be of opinion that the estate or estates cannot be divided according to the demand of the writ, without a manifest injury of the value thereof, the said freeholders shall then make and return to the court a just valuation of such estate or estates: whereupon, if said court shall approve of the said return, and if any one or more of the parties shall elect to take the said estate or estates at such appraised value, the same shall be adjudged to him, her or them, he, she or they, paying to the other party or parties, his, her or their proportion of the appraised value thereef, according to his her or their respective rights; and on payment being made, the sheriff shall, according to the order of the court aforesaid, make and execute conveyances to the party or parties electing to take the same. Sec. 9. That in case the parties shall not agree, as proviNo one electing ded in the preceding section, and no one or more of them will to take, court take the said estate or estates on the terms aforesaid, then the shall order a sale by the sheriff said court may, at the instance of the demandant in the petition, make an order for the sale of said estate or estates, at public auction, by the sheriff who shall have executed the writ hereinbefore provided, or his successor in office; which sale Sale how con- shall be made and conducted by such sheriff, in all respects as is or may be provided for the sale of real estate, by the act regulating judgments and executions, except that it shall not be necessary to appraise said estate or estates previous to such sale: but said estate or estates shall not be struck off or sold by such sheriff, for less than two thirds of the appraised value thereof, returned by the freeholders. fücted Sec. 10. That on return of the sheriff of his proceedings, the same shall be subject to the examination of the court; and |