SECTION 1. If dower is not assigned to any woman entitled thereto, to her satisfaction, by the heir or tenant of the freehold or by the judge of probate, she may recover the same by action of dower.

SEC. 2. She shall make demand in writing of her dower of the person seized of the freehold, if in this State, otherwise of the tenant in possession; and if such dower is not set out within one month, may sue for and recover the same against such person.

SEC. 3. The writ in actions of dower shall be a summons. SEC. 4. If the demandant recovers judgment for her dower, she shall also, in the same action, recover her reasonable damages for the detention thereof by the tenant in such action after demand made.

SEC. 5. Judgment shall be rendered for the demandant that she recover 66 seizin of such part of a certain with the appurtenances, as will produce a yearly income equal to one third part of the yearly income thereof on the

day of

SEC. 6. The officer to whom such writ of seizin is directed, shall cause such dower to be set off by three discreet and disinterested men of the neighborhood, who shall be appointed and shall proceed in the same manner as is provided in the case of the levy of executions on real estate.

SEC. 7. The rights of every such woman and the mode of setting out her dower, shall be the same as in similar cases before a judge of probate.

SECTION 1. One or more persons having or holding real estate with others may have partition thereof in the mode hereinafter provided.

SEC. 2. Application may be made by such person to the superior court of judicature in the county in which such real estate or any part thereof lies, by petition in writing, particularly describing the estate of which partition is desired, the names of all owners or persons interested, if known, and the share of the petitioner therein, and praying for partition thereof.

SEC. 3. If the persons owning or interested in any such real estate with the petitioner are unknown, the estate shall be described in such petition in the same manner as is required by law in the case of taxing unimproved lands of non-residents, specifying the share severally held by each petitioner, and stating the same as held with persons unknown.

SEC. 4. The petitioner shall cause notice to be given to all persons interested in such estate, by causing such petition, with an order of notice thereon, to be duly served on each in the same manner that writs of summons are required to be served.

SEC. 5. If any petitionee is unknown, or if his residence is unknown, or if he resides out of the State, not having had personal notice, the court shall order said petition and order of notice to be published in some newspaper printed in the county, if any there be, otherwise in some adjoining county, three weeks successively,

the last publication to be thirty days at least before the term of the court at which such petition is to be heard.

SEC. 6. If any petitionee is absent from home at the time of the service of such petition, and has not returned and does not appear at the sitting of the court at which such petition is entered or continued, the court may continue such petition and order further notice to be given, if they think proper.

SEC. 7. If any petitionee is an infant or otherwise incapacitated to take care of his estate, the court shall not cause partition to be made until a guardian or agent has been appointed, and such agent may be appointed by the court.

SEC. 8. If any petitionee is unknown, the court may, whenever they think it expedient, appoint an agent to aid and advise in his behalf in making such partition.

SEC. 9. If any of the facts alleged in such petition are denied by the petitionee, the objections shall be made in writing by plea drawn with legal certainty, to which the petitioner may reply or demur, so that the matter in dispute may be reduced to an issue of law or fact, and tried and determined as in civil cases. Every such issue of fact shall be sent to the court of common pleas for trial, unless by agreement of parties it is tried by the court.

SEC. 10. If the issue is determined in favor of the petitioner, or if after due notice the petitionee shall not appear, the court shall render judgment that partition be made, and shall appoint a committee, consisting of three suitable persons, residents of such county, to make partition of such estate and to set off the share of the several persons interested, according to their respective titles, and shall award costs to the petitioner against the petitionee, and issue execution therefor.

SEC. 11. Such committee, before proceeding to make partition, shall cause notice in writing of the time and place appointed for a hearing in relation thereto, signed by their chairman, to be served upon each person interested, or his agent or attorney, or left at his usual place of abode, seven days at least before such day of hearing.

SEC. 12. If any petitionee or his residence is unknown, the committee shall cause such notice to be published in some newspaper published in the same county, if any there be, otherwise in some adjoining county, three weeks successively before said day of hearing.

SEC. 13. Said committee, before such hearing is had, shall be sworn faithfully and impartially to discharge the duties of their commission, and shall proceed to make partition of the estate as is therein directed, by dividing and setting off to each owner his just share thereof, according to his right, by proper metes and bounds, or other distinct description, and shall return to said court a full report of their doings, with a particular description of each portion of the estate so divided, and a certificate of said oath.

SEC. 14. Such partition and report being made and returned

to said court, judgment may be rendered thereon; and the same being recorded in the registry of deeds for the county where the real estate lies, shall be valid and effectual to all intents and purposes.

SEC. 15. The committee shall consider and adjust the costs and charges of making such partition, and apportion the same in such manner as they shall think just and reasonable for or against the parties interested, and report the same to the court, and execution may issue therefor.

SEC. 16. If, on the trial of any issue, it shall be determined that the petitioner has a right or share in the estate described, but less than he claims, the court shall order that partition be made in the manner aforesaid, according to the actual rights of each, but the petitionee shall recover costs.

SEC. 17. If on such trial it shall be determined that the petitioner has no right or share in such estate, the petitionee shall recover costs.

SEC. 18. If the petitioner shall fail to enter or to prosecute his said petition, costs shall be awarded in favor of all the petitionees upon whom service thereof was made, to be recovered as in other

cases.

SEC. 19. No partition shall be avoided by any conveyance made by any petitionee, after the entry of the petition therefor, nor by any conveyance, unless duly recorded at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, or by the death of either party, but the share of each party named in the petition shall be set off in severalty and be subject to all legal claims thereon, as if such claimant had been a party thereto.

SEC. 20. If, in making any partition, any share shall be set off to any person other than the legal owner thereof, such share shall enure to the benefit of such legal owner, his heirs or assigns, as if the same had been set off to him.

SEC. 21. If there is no dispute about the title, the petition for partition may be directed to and filed with the judge of probate of the county where the real estate or the greater part thereof lies, who shall appoint a time and place of hearing thereon.

SEC. 22. Notice thereof shall be given to all parties interested by giving to each in hand, or leaving at his usual place of abode, a true and attested copy of such petition and order of notice, fifteen days at least before the day of hearing, or by causing the same to be published in some newspaper printed in the vicinity, three weeks successively, the last publication to be at least thirty days before such day of hearing.

SEC. 23. If, on such hearing, no sufficient objection appears, said judge shall cause partition to be made by a committee, who shall be appointed, be sworn, give notice and proceed in making partition; and the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons

unknown or out of the State, interested in such estate, receive and accept the report of such committee, and render judgment and award costs thereon, in the manner hereinbefore prescribed.

SEC. 24. If any party interested, against whom costs are awarded, shall neglect to pay the same, the said judge may issue his warrant of distress therefor.

SEC. 25. When any real estate is so situated that it cannot be divided so as to give to each owner his equal share therein without great prejudice or inconvenience, the same or part thereof may be assigned to one of the petitioners, he paying to the other persons interested who shall have less than their shares, such sum of money as the committee shall award, or giving bond, with sufficient sureties, to pay the same with interest within such time as the court shall order.

SECTION 1. If any person shall cut, fell, destroy or carry away any tree, wood, timber or underwood whatsoever standing, lying or being on the land of any other person, having no right there, without leave from the owner of the land on which such trees, timber, wood or underwood were, or shall aid therein, he shall forfeit for each trespass, to the person injured, five dollars for every tree or log of one foot over, for every tree or log of greater dimensions, five dollars and three times the value thereof, and three dollars for every tree, log or pole less than one foot in diameter, and for other wood or underwood, treble the value thereof. SEC. 2. If any person shall cut out or alter the mark of any mill log, or saw or cut into any lumber or any log not his own property, without the leave of the owner, or shall aid therein, he shall be liable for each offence to the same penalty affixed in the preceding section to cutting any tree or log of the same dimensions.