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writ, de quarentina habenda, directed to the sheriff, whereupon such proceedings and speed shall be used Remedy, if as hath or might have been used on the said writ of deror quarentine.
II. Whosever shall deforce widows of their dowers of the lands whereof their husdands died seized, or of deforcing wi. such mansion house or plantation, if the same widows dows of dow. shall after recover by plea; they that be convicted of er, such wrongful deforcement, shall yield damages to the same widows, that is to say, the value of the whole dower to them belonging, from the time of the death of their husbands unto the day that the said widows by judgment have recovered seizin of their dower. In a'writ of dow
What excep er called unde nihil habet, the writ shall not abate by . the exception of the tenant, because the demandant hath abate the writ received her dower of another man before ber writ purchased, unless he can shew that the dower so received was in satisfaction of her right of dower in the lands whereof she demands dower.
III. In case where the husband being impleaded for Judement land by default, the woman after his death demanding default 2-. her dower, shall be heard, and if it be alledged against gainst husher, that her husband lost the land whereof the dower band, no bar
to widow. is demanded by judgment, whereby she ought not to have dower, and then it be inquired by what judgment, and it be found that it was by default, whereupon the tenant must answer, then it behoveth the tenant to answer further, and to shew that he had right and hath in the aforesaid land, according to the form of the writ that the tenant before purchased against the husband. And if he can shew that the husband of such wife had no right in the lands, nor any other but he that holdeth them, the tenant shall go quit, and the wife shall recover nothing of her dower, which thing if he cannot shew, the wife shall recover her dower.
IV. And where sometime it chanceth that a woman not having a right to demand dower, the heir being where the wi. within age doth. purchase a writ of dower against a dow is endow guardian, and the guardian endoweth the woman by ed to the pre
judice of the favour, or maketh default, or by collusion defendeth heir within the plea so faintly, whereby the woman is awarded her age. dower in prejudice of the heir, it is provided, that the heir when he cometh to full age, shall have an action to demand the seizin of his ancestor against such a wo. man, like as he should have against any other deforcer.
Yet so that the woman shall have her exception saved against the demandant, to shew that she had right to
her dower, which if she can shew, she shall go quit, Judgment by and retain her dower, and if not, the heir shall recover default a. his demand. In like manner the woman shall be aided, gainst the if the heir or any other do implead her for her dower, no.bar if she lose her dower by default, in which case the de
fault shall not be so prejudicial to her, but that she shall recover her dower if she have right thereto; and she shall
have this wrii, “ Command A. that justly, &c. he ren, Writ of dow. der lo B. who was the wife of F. so much land, with
the appurtenances, in C. which she claims to be her
reasonable dower, or of her reasonable dower, and that What tenant the aforesaid A. deforceth her, &c.” And to this writ may plead
the tenant shall have his exception, to shew that she had no right to be endowed, which if he can verily, he
shall go quit, if not, the woman shall recover the land Widow may whereof she was endowed before. Also, widows may bequeath bequeath the crop of their ground, as well of their dowcrops. ers as of other their lands and tenements,
ure of V. But if a wife willingly leave her husband, and dower. go away and continue with her adulterer, she shall be
barred forever of action to demand her dower, that she ought to have of her husband's lands, if she be convict thereupon, except that her husband willingly, and without coercion, reconcile her, and suffer her to dwell with biin, in which case she shall be restored to
her action. Jointure, in VI. Also, if any estate be conveyed by deed or will, lieu of dower either expressly or by averment, for the jointure of the
wise, in lieu of her dower, to take effect in her own possession, immediately on the death of her husband, and to contiue during her life at the least, 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, or hereditaments, which at any time were her said busband's. But if the said conveyance were before the marriage, and during ihe infancy of the feme, or if it were made after marriage, in either case the widow may at her election
wave such jointure, and demand her dower. Defective VII. When any conveyance intended to be in lieu conveyances of dower shall througb any defect fail to be a legal bar in lieu of dover, effect thereto, and the widow availing herself of such defect,
shall demand her dower, the estate and interest con- ,
veyed to such widow, with intention to bar her dower, shall thereupon cease and determine.
VIII. If a widow be lawfully expulsed, or evicted Widow evictfrom her jointure, or any part thereof, without any
on one ed of jointure fraud or covin, by lawful entry or action, she shall be penged. endowed of as much of the residue of her husband's lands, tenements, or hereditaments, whereof she was before dowable, as the same lands, tenements, or hereditaments, so evicted and expulsed, shall amount or extend unto.
IX. This act shall commence and be in force from Commence: and after the first day of January, one thousand seven ment of acı. hundred and eighty-seven,
tates of ideots and lunatics.
From Rey, Bills of 1779 ch. XXVIII.
I. BE it enacted by the General Assembly, That Estates of the lands, tenements, and chattels, of ideots and luna- ideols and lu. tics, shall be safely kept without waste and destruc
preserved. tion, and they and their household shall live, and be maintained competently with the profits of the same, and the residue, besides their sustentation, shall be kept for their use, to be delivered unto them when they come to right mind: And if they die in such estate, their lands shall be rendered to the right heirs, and their chattels distributed.
II. This act shall commence and be in force from Commence. and after the first day of January, one thousand seven met hundred and eighty seven.
ment of act.
CHAP, LXVII. Bills of 1779, oh. XXIX.
An act providing that wrongful alien
ations of lands shall be void so far as they be wrongful.
1. BE it enacted by the General Assembly, That Alienations u
n. all alienations ard warranties of lands, tenements, and ties of land, hereditaments, made by any, purporting to pass or to pass only assure a greater right or estate than such person may might Lawtw. lawfully pass or assure, shall operate as alienations or ly convey. warranties of so much of the right and estate in such
lands, tenements, or hereditaments, as such person might lawfully convey; but shall not pass or bar the residue of the said right or estate purported to be con
veyed or assured. How far II. But if the deed of the alienor doth mention that he beirs barred, and his heirs be bound to warranty, and if any heritage or bound to descend to the demandant of the side of the alienor, then
m.pense he shall be barred for the value of the heritage that is to tenant
him descended. And if in time after any heritage descend to him by the same alienor, then shall the tenant recover against him of the seizin warranted by judicial writ, that shall issue out of the rolls of the justices, before whom the plea was pleaded, to re-summon his warranty, as before hath been done in cases where the warrantor cometh into the court, saying, that nothing descended from him by whose deed he is
vouched. Commeuce. III. This act shall commence and be in force from ment of act. and after the first day of January, one thousand seven
hundred and eighty-seven,
CHAP. LXVIII. Bills : 1779, ch. XXXV. An act to prevent the circulation of
private bank notes. Penalty for circulating 1. BE it enacted by the General Assembly, That private bank ; choll not he lawful for notes on it shall not be lawful for any person to offer in payble to bearer. ment, a private bank bill or note for money, payable
to bearer, and whosoever shall offend herein, shall not only forfeit to the informer ten times the value of the sum mentioned in such bill or note, but may be apprehended by warrant of a justice, and upon due proof of the fact made to him, or upon his own acknowledge ment thereof, be bound to the good behaviour, or if he afterwards offend in the like manner, it shall be deemed a breach of the condition of the recognizance.
III. This act shall commence and be in force from Commencer and after the first day of January, one thousand seven ment of act. hundred and eighty-seven.
Prom Rev. Bills of 1779, ch. XXXVII.
An act to prevent losses by pirates, ch.
enemies, and others, on the high seas.
I. BE it enacted by the General Assembly, That Premium for when any ship or other vessel of this commonwealth defending. shall have been defended against pirates or enemies, kas
msi Pirates or ellemes, pirates and and brought to her port of delivery, and in making enemies, how such defence any of the officers or seaman shall have adjudged and been killed or wounded, the judges of the admiralty, paid. on the petition of the master or seamen, shall call unto them four or more good and substantial merchants, and by advice with them, shall levy on the respective adventurers and owners of the ship or other vessel and goods, by process out of the said court, such sums of money as themselves and the said merchants, by plurality of voices, shall judge reasonable, not exceeding two pounds per cent. of the freight, ship or other vessel, and goods, according to the first cost of the goods, and shall distribute the same among the captain, master, officers and seamen of the ship or other vessel, and the widows and children of the slain, proportioning the same according to their best judgment, and having special regard to the said widows and children, and to