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To keep

the estate in repair.

Form of a writ of dower.

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 the same so at the expiration thereof; and the writs of dower and seizin shall be in form following, to wit:

SC. The State of Rhode-Island and Providence

Plantations.

[Seal.] To the sheriff of our county of

to his deputy, greeting.

We command you to summon

if

or

may

be found in your precinct, to answer the complaint of
at the next court of common pleas to be
within and for our said county of
Monday of

holden at

on the

next

fully set dollars.

ensuing the date hereof, in an action of dower
as by declaration to be filed in court will be
forth, to the damage of the plaintiff,
Hereof fail not, and make true return of this writ, with
your doings thereon.
this

year

Witness,
day of

Esq. at in the

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situate in

of the said

as her dower of the endowments her certain husband, by our writ of dower, whereof she hath nothing: therefore we command you, that to the said full seizin of one third part of the aforesaid messuage or tenement, with the appurtenances, you cause to be had without delay, to hold in severalty, by metes and bounds. We command you also, that of the goods and chattels of the said within your precinct, you cause to be

to

paid and satisfied unto the said thereof in money, the sum of awarded her by our said court of

at the value

for damages for her being

holden and kept out of her dower aforesaid, and costs expended on this suit, with

more for this writ;

to be precinct, to

body and

and thereof also to satisfy yourself your own fees; and
for want of goods or chattels of the said
by shewn unto you, or found within your
satisfy the same, we command you to take
to commit to the keeper of our jail in
county aforesaid, within the said prison, whom we like-
wise command to receive the said
safely to keep, until

and

in our

pay unto the said the full sum abovementioned, and also satisfy your fees. Hereof fail not, and make true return of this writ, and how you shall have executed the same, to our

next

at

court of
for our said county of

to be holden

on the

day of

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Esq. at

the

day of

in the year

Clerk.

Jointure

to dower.

SEC. 7. And be it further enacted, That if any estate real or personal be conveyed by deed, or the same be devis- to be a bar ed 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 be- May be fore marriage, and during the infancy of the woman, or waived in after marriage, in either case the widow may, at her election, waive such jointure, and demand her dower; pro- Proviso. vided the same be done in writing, within twelve months after the probate of the will; but not otherwise.

case.

in

SEC. 8. And be it further enacted, That when any con- Conveyveyance, intended to be in lieu of dower, shall, through ances any defect, fail to be a legal bar thereto, and the widow, dower to availing herself of such defect, shall demand her dower, cease in the estate so conveyed, with intention to bar her dower, shall thereupon cease and determine.

case.

evicted of

Widow SEC. 9. And be it further enacted, That if any widow be jointure to lawfully expelled or evicted from her jointure, or any be endow- part thereof, without any fraud or covin, by lawful entry ed. or action, she shall be endowed of so much of the residue

May bequeath crops.

Courts of

may assign dow

er.

Upon ap

plication of all

par

ties inter

of her husband's lands, tenements or hereditaments, whereof she was before dowable, as the same lands, tenements or hereditaments, wherefrom she was so evicted and expelled, shall amount and extend to.

SEC. 10. And be it further enacted, That widows may bequeath the crops of their ground, as well of their dower as of their other lands and tenements.

SEC. 11. And be it further enacted, That the courts of probate probate of this State shall respectively have full power and authority to cause dower to be assigned and set off to any widow, in the estate or estates of which such widow, by the laws of this State, is dowable; and for that purpose, upon the joint application in writing of all parties interested therein, the court of probate of the town in which such estate lies, shall issue a warrant, to be signed by the clerk of such court, directed to three or five indifferent and discreet men, being freemen and freeholders of the same town, to be appointed by said court, and sworn faithfully to appraise said estate or estates, and assign and set off dower accordingly; which warrant shall be in substance as follows, viz:

ested.

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The State of Rhode-Island and Providence
Plantations.

all freemen and freeholders of the town in the county of

of greeting. Pursuant to the power and authority to the court of probate of the town aforesaid given, and by the laws of the State aforesaid, you are hereby appointed and authorized to appraise the real estate, to wit: all the lands, tenements and hereditaments, whereof

late of

deceased, was seized at any time during his intermarriage with and wherein she has not relinquished her dower, each piece and parcel by itself, at the true lawful value thereof in lawful money, all in words at length. When you have perfected your appraisement, you are to set off to

the said deceased's widow, one full third part of the estate, so as may be convenient for her, for her dower or thirds, during her natural life; and what you

so set off you are to describe by plain and lasting metes and bounds, that so confusion may be prevented upon the reversion of the dower.

You are to be under oath, faithfully to perform the service, and when you have performed the same, you are to make return of this warrant, with your doings thereon, into the probate office of said town, as soon as may be. Witness, president of the said court of probate, this the year of

day of

in

different

And when the estate from which dower is to be set off When es as aforesaid, shall lie in different towns in this State, the tate lies in supreme judicial court, in the county where the deceased towns. last dwelt, is authorized, upon application in writing as aforesaid, to cause dower to be assigned, in the manner hereinbefore prescribed for the assignment of the same, under the direction of the court of probate, saving that the supreme judicial court may appoint the committee for assigning the same from any town or towns in which the estate may lie; and any party aggrieved by such assignment, made by order of the court of probate, may ap- Appeal peal from the decree confirming the same, to the supreme granted: judicial court, in the manner prescribed by law for appealing from the decrees of said court of probate in other

cases.

An act concerning Actions of Account.

1798.

given to

SECTION 1. Be it enacted by the General Assembly, and by Action of the authority thereof it is enacted, That when two or more account persons have and hold any estate or interest in common, one joint as joint tenants, tenants in common, or coparceners, and tenant, &c. one or more of the owners of such common estate or against the in- others. terest, shall take, receive, use or have benefit thereof, in greater proportion than his or their interest therein, such owner or owners, his or their executors and administrators, shall be liable to render his or their reasonable account of the use and profit of such common estate or interest, to his or their fellow commoner or commoners, jointly or severally, and that such, the fellow commoner or commoners, or any or either of them, their executors or administrators, may and are hereby authorized to have his or their action of account against such receiver or receivers, or either of them, as his or their bailiff or bailiffs,

Defend

ant may appeal

ment to

account,

&c.

for receiving more than his or their part or proportion as aforesaid.

SEC. 2. And be it further enacted, That upon a judgment rendered in any court of common pleas, that the defendfrom judg- ant shall account, it shall be in the power of the party against whom such judgment shall be rendered, to appeal therefrom, before the court shall proceed to the appointing of auditors; and in case no appeal shall be made from the first judgment that the defendant shall account, an appeal from the final judgment, after the case has been before auditors, shall not entitle the original defendant to try the issue to the country, which may have been joined in such case, before the supreme judicial court; but the first judgment, that the defendant shall account, shall remain in full force, and he shall account acNeglecting cordingly; and in case the defendant shall not enter and cute, judg- prosecute his appeal from the first judgment, the same ment to be upon complaint may be affirmed, and auditors may there

to prose

affirmed.

Neglecting

before au

oaths.

upon be appointed, in the same manner they would have been in the court of common pleas if no appeal had been made from the first judgment.

SEC. 3. And be it further enacted, That when any perto appear son against whom judgment shall be given that he shall ditors, &c. account, shall unreasonably refuse or neglect to appear at the time and place assigned by the auditors, or after appearing shall refuse or neglect to render an account, the auditors may award to the plaintiff the whole of his Auditors demand; and it shall be in the power of the auditors to administer administer an oath or affirmation to the parties respectively, and to examine them respecting their accounts, and the matters submitted to them; and upon either of the fusing, to parties refusing to take an oath or affirmation, truly to answer such questions, as shall be asked them, or to answer directly to the interrogatories put to them, it shall be in the power of the auditors to commit the party so refusing to jail, there to remain at his own charge until he shall consent to take such oath or affirmation, and answer such interrogatories.

Party re

be com

mitted.

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SEC. 4. And be it further enacted, That when the auditors appointed in any case, or any two of them, shall have made their report or award concerning the matters submitted to them, to the court from whence they shall have received their appointment, if no legal cause shall be shewn for setting aside such award or report, judgment shall be rendered in conformity thereto, and also for

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