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Form of a

SC.

dower.

or

To keep waste, to be brought therefor; and all tenants in dower the estate in repair.

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:

The State of Rhode Island and Providence writ of

Plantations.
[Seal.] To the sheriff of our county of

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 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

in the year

Clerk.

on the

day of

SC.

Form of writ of sizin.

or

day of

The State of Rhode-Island and Providence

Plantations.
[Seal.] To the sheriff of our county of

to his deputy, greeting.
Whereas

who was the wife of
late of
in the county of

deceased, before our justices of our

court of holden at

for the county aforesaid, on the

now last past, did recover seizin against

of

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

in our

paid and satisfied unto the said

at the value thereof in money, the sum of

for damages awarded her by our said court of

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

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 county aforesaid, within the said prison, whom we likewise command to receive the said

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

to be holden at for our said county of

next. Witness, Esq. at

the

day of

on the

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 to dower. 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 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,

ances in lieu of

case.

ed.

crops. .

Courts of

er.

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 be endow- 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 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

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 may as

and authority to cause dower to be assigned and set off sign dow

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 blicat per purpose, upon the joint application in writing of all parties inter- ties interested therein, the court of probate of the town ested. in which such estate lies, shall issue a warrant, to be sign

ed by the clerk of such court, directed to three or five in-
different and discreet men, being freemen and freehol-
ders of the same town, to be appointed by said court, and
sworn faithfully to appraise said estate or estates, and as-
sign and set off dower accordingly; which warrant shall
be in substance as follows, viz:
The State of Rhode Island and Providence

Plantations.
To

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

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Form of the warrant.

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

day of

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 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.

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Defendant may appeal

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 ac

count, shall remain in full force, and he shall account acNeglecting cordingly; and in case the defendant shall not enter and cute, jadg- prosecute his appeal from the first judgment, the same ment to be upon complaint may be affirmed, and auditors may thereaffirmed.

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 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 respect

ively, and to examine them respecting their accounts, and Party re- the matters submitted to them; and upon either of the fusing, to parties refusing to take an oath or affirmation, truly to anmitted.

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. Judgment

Sec. 4. And be it further enacted, That when the auto be ren- ditors appointed in any case, or any two of them, shall dered ac. have made their report or award concerning the matters report of submitted to them, to the court from whence they shall auditors. 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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