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To keep waste, to be brought therefor; and all tenants in dower the estate in repair.
ir. 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: Form of a SC. The State of Rhode Island and Providence writ of
Plantations. dower. [Seal.] To the sheriff of our county of
or to his deputy, greeting. We command you to summon
if may be found in your precinct, to answer the complaint of
at the next court of common pleas to be holden at
within and for our said county of on the Monday of
next ensuing the date hereof, in an action of dower as by declaration to be filed in court will be fully set forth, to the damage of the plaintiff,
dollars. Hereof fail not, and make true return of this writ, with your doings thereon. Witness,
Esq. at this day of
in the year
Clerk. Form of sc. The State of Rhode Island and Providence writ of
Plantations. sizin. [Seal.] To the sheriff of our county of
who was the wife of
deceased, before our justices of our
court of holden at
for the county aforesaid, on the day of
now last past, did recover seizin against
of one third part of a certain messuage or tenement with the appurtenances, situate in
as her dower of the endowments of the said
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 to
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
paid and satisfied unto the said into H at the value thereof in money, the sum of . .for damages awarded her by our said court of 670 for her being holden and kept out of her dower aforesaid, and costs expended on this suit, with ll. more for this writ; and thereof also to satisfy yourself your own fees; and for want of goods or chattels of the said. ; to be by shewn unto you, or found within your precinct, to satisfy the same, we command you to take body and to commit to the keeper of our jail in
in our county aforesaid, within the said prison, whom we likewise command to receive the said I and safely to keep, until
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
court of it to be holden at e for our said county of 5* . . on the 1 . day of
the next. Witness, v rom Esq. at
day of in the year
Clerk. Sec. 7. And be it further enacted, That if any estate real Jointure or personal be conveyed by deed, or the same be devis- to be a bas 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. ,
Sec. 8. And be it further enacted, That when any con- Convey. veyance, intended to be in lieu of dower, shall, through ances in 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.;
Widow . Sec. 9. And be it further enacted, That if any widow be evicted of jointure to lawfully expelled or evicted from her jointure, or any Þe endow- part thereof, without any fraud or covin, by lawful entry ed.
or action, she shall be endowed of so much of the residue 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. May be- Sec. 10. And be it further enacted, That widows may queath her
bequeath the crops of their ground, as well of their dower crops.
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 y asw. and authority to cause dower to be assigned and set off
to any widow, in the estate or estates of which such widUpon ap- ow, by the laws of this State, is dowable; and for that plication purpose, upon the joint application in writing of all parof all par. ties inter-ties 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: Form of
sc. The State of Rhode Island and Providence the war
all freemen and freeholders of the town of in the county 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
in the year of
And when the estate from which dower is to be set off when esas aforesaid, shall lie in different towns in this State, the tate ties in
different 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.
for receiving more than his or their part or proportion as
aforesaid. Defend Sec. 2. And be it further enacted, That upon a judgment ant may rendered in any court of common pleas, that the defendappeal from judg. ant shall account, it shall be in the power of the party ment to against whom such judgment shall be rendered, to apaccount, &c.
peal 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 ac
count, shall remain in full force, and he shall account acNeglecting cordingly; and in case the defendant shall not enter and cute, jads- prosecute his appeal from the first judgment, the same ment to be upon complaint may be affirmed, and auditors may there
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. Neglecting Sec. 3. And be it further enacted, That when any perto appear son against whom judgment shall be given that he shall before auditors, &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 respect
ively, and to examine them respecting their accounts, and Party re
the matters submitted to them; and upon either of the
parties refusing to take an oath or affirmation, truly to anbe com." mitted.
swer 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.
Sec. 4. And be it further enacted, That when the auJudgment to be ren- ditors appointed in any case, or any two of them, shall
ed ac. have made their report or award concerning the matters cording to report of 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