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thereupon the tenant shall be summoned, and the amount due from him assessed and entered upon the records of the Court. The Court shall certify to the person or officer making the distress, the amount found due, together with the costs of the Court, and the officer shall proceed to sell the property distrained, and return the certificate, with an endorsement thereon of his proceedings, which return and certificate shall be filed in the proper court.
If the tenant does not, within five days after notice of such distress and the cause of taking, replevy the goods so taken, the person distraining may, with the sheriff or constable of the county, cause the goods to be appraised by two reputable freeholders under oath, and the landlord may then sell the goods at public auction, on giving ten days' notice.
The landlord has a lien upon the growing or grown crops for rent that shall accrue during the year of their growth.
If any person makes an illegal or forcible entry into lands, or holds over after the expiration of the time for which such lands were let to him, after demand made in writing for possession thereof, such person shall be adjudged guilty of a forcible entry and detinue, and may be removed from such possession by an action before a justice of the peace.
Form of Demand for Possession. To A. B., of M., in the County of H.
Take notice, that you are hereby required to quit, and deliver up to me, on the
next (or immediately), the possession of the dwelling house (or rooms and apartments, or lands and premises), with the appurtenances, which you now hold or claim to hold of me, situate in M., in the County of H., known as No. 12, on E. street. May 4th, 185 .
Affidavit of Service (written on a copy). I certify, that on the
185 , I gave to A, B. above named (or left at the usual place of abode of A. B. above named), an original notice, of which the within is a true copy. H., May 4th, 185
[Seal.] Personally appeared T. W., and made oath, that the above affidavit, by him subscribed, is true.
Before me, N. M., Justice of the Peace.
Warrant to Distrain. To C. D.
I hereby authorize and require you to distrain the goods and chattels in the dwelling house (or rooms and apartments, or on the lands and premises) now in the possession of A. B., situate in M., in the County of A., known as No
12, on E. street, for six months' rent, due to me under a lease of the same, and to proceed thereon for the recovery of the said rent, as the law directs. Witness my hand, this
E. F. [Note. - This warrant may be addressed to any agent or attorney of the landlord.]
Notice to Tenant of Distress for Rent. Το Α. Β.
Take notice, that by the authority and on behalf of your landlord, E. F., I have this day distrained the several goods and chattels specified in the inventory hereto attached, in your house, in M., in the County of H., known as No. 12, on E. street, for eighty dollars arrearages of rent due to him, the said E, F. Now, therefore, if you do not pay the rent so due, or replevy the said goods and chattels according to law, within five days from the date hereafter, I shall cause the said goods and chattels to be appraised and sold, according to the statute in such case made and provided. May 10th, 185 .
C. D. [Note. — The inventory must be attached to the foregoing, and left with the tenant, in presence of some one, who should certify to that fact.]
PROMISSORY NOTES AND BILLS OF EXCHANGE. Foreign bills of exchange, expressed that the value has been received, protested for non-acceptance, or non-payment, are entitled to ten per cent. damages, together with legal interest and costs, and charges of protest.
A foreign bill is one drawn on a party out of the United States.
When an inland bill of exchange, expressed that the value has been receivea, is protested for non-acceptance or non-payment, the drawer or endorser shall pay legal interest from the time such bill ought to have been paid, and five per cent. damages, together with costs and charges of protest.
All promissory notes, bonds, due bills, and other instruments in writing, for the payment of money or articles of personal property, are assignable by endorsement, in the same manner as bills' of exchange, so as absolutely to vest the property thereof in the assignee.
The assignee cannot sue the assignor on such endorsement, until he has , first instituted and prosecuted a suit against the maker of such note, bond, &c., for the recovery of the money due thereon; provided, that if the institution of such suit would have been unavailing, or the maker had absconded or left the State when such note became due, such assignee may at once sue on the endorsement.
APPRENTICES. All children under the age of fourteen years may be bound without their consent, and all minors above that age with their consent, males until they are twenty-one, and females until they are eighteen. Such minors may be bound with the consent of the father, or if he be incompetent, then with the consent of the mother, or if she be incompetent, then with that of the guardian of the minor, or if there be no guardian, then with the approbation of the Judge of the County Court, or by any two justices of the peace of the county in which such minor resides, endorsed on the indenture.
The fact of such incompetence to consent shall be tried and found by a jury in the County Court.
Any minor who shall be likely to become a public charge may be bound by the County Court, or by any two overseers of the poor, or by any two justices of the peace of the county in which such minor may reside, with the approval of the Judge of the County Court.
The indenture must be signed and sealed by the parties, whose consent is required by law, but the approval of the Judge of the County Court may be endorsed on the indenture, attested by his seal of office.
The age and time of service of the minor shall be inserted in the indenture. It must be provided in the indenture, that the apprentice shall be taught to read, write, and the cardinal rules of arithmetic.
The Judge of the County Court, or any two justices of the peace, excepting the justices who may have bound the apprentice complaining, shall hear complaints of apprentices against their masters, and may discharge the indenture.
Indentures not in conformity with this law are void.
RIGHTS OF MARRIED WOMEN AND WIDOWS.
Widows shall be allowed, in all cases, in exclusion of creditors, as their sole property for ever, necessary beds, bedsteads and bedding for themselves and families, necessary household and kitchen furniture, one spinning wheel, one loom and its appendages, one pair of cards, one stove, and the necessary pipe therefor, the wearing apparel of themselves and families, one milch cow and calf for every four persons in the family, one horse at the value of forty dollars, one woman's saddle and bridle, of the value of fifteen dollars, provisions for themselves and families one year, two sheep for each member of the family, and the fleeces taken from the same, food for the stock above described for six months, fuel for themselves and families for three months, and sixty dollars' worth of other property.
The appraisers certify to the County Court an estimate of the value of each article allowed to the widow, and she may take other property in lieu of that above specified, at the value affixed by the appraisers.
In addition to the above, widows of persons who may die intestate shall be entitled to one-third of the personal estate of their deceased husbands, after the payment of debts, as their property for ever.
If the estate be intestate, and there shall be a widow, and no child or descendants of the intestate, then the one-half of the real estate, and the whole of the personal estate, shall go to such widow, as her exclusive estate for
A widow is endowed of a third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage.
Every devise of land bars her dower, unless otherwise expressed in the will, but she may elect, at any time within a year, whether she will take her dower or take under the will.
Dower may be barred by a jointure created before marriage, with the assent of the intended wife, evinced by her becoming a party to the conveyance, by which it shall be settled, if she be of full age, or if she be an infant, by her joining with her father or guardian in such conveyance.
A married woman may relinquish her right of dower in any of the real estate of her husband, by joining him in a deed of conveyance, and acknowledging the same, separate and apart from the husband.
The real estate of the wife may be conveyed by her joining with her husband in the deed, if she be above the age of eighteen years, and by her acknowledging the same, separate and apart from her husband.
Married women have power to dispose of their separate estate, both real and personal, by will, in the same manner as other persons.
A married woman, residing out of the State, may relinquish dower, if above eighteen years of age.
Sec. 1. Every person who shall take up any estray horse, mare, colt, mule, or ass, after having given not less than ten nor more than fifteen days' notice, by posting up notices in three of the most public places in the justice's district in which he resides, shall take the same before some justice of the peace of the county where such estray shall be taken up, and make oath before such justice, that the same was taken up at his or her plantation or place of residence, in said county, and that the marks or brands have not been altered since the taking up.
Sec. 2. The said justice shall then summon three disinterested householders of the neighborhood, to appraise said estray, under oath, which appraisement, together with the brands, marks, stature, color, and age of such animal, shall be entered in a book to be kept by said justice, and transmitted to the clerk of the County Court within fifteen days after the same is taken up.
Sec. 3. No such animal shall be taken up and posted between the first day of April and first day of November, unless the same be found out of the range of the proper owner, or within the lawful fence or enclosure of the taker up, having broken in the same, or manifestly running away from the owner.
Sec. 4. No person not a householder of the county shall take up or post such animal.
Sec. 5. Any person who shall take up any neat cattle, sheep, hogs, or goats, shall give the notice required in Sec. 1, and shall go with some householder before a justice of the peace of the county, and make the oath required in the same section, and then such justice shall take from the householder a particular description of the animal, and cause the same to be appraised as in Sec. 2d, which description and valuation to be entered and transmitted to the clerk of the County Court, as before directed. In case the value of such animal does not exceed five dollars, the justice need not make such return to the clerk, but shall enter the description and value in his estray book, and advertise the same in three of the most public places in his neighborhood.
Sec. 6. The clerk shall cause a copy of such return to be affixed to the court-house door, within five days after the same shall be transmitted to him.
Sec. 7. No neat cattle, sheep, hogs, or goats, shall be taken up between the month of April and the first day of November, unless the same be found in the lawful fence or enclosure of the taker up, having broken the same, and for the reward of the taker up there shall be paid by the owner one dollar for every horse, mare, colt, mule, or ass, and for every head of neat cattle fifty cents, and for every hog, sheep, or goat, twenty-five cents, with all reasonable charges.
Sec. 8. If the owner shall prove and take away such animals before appraisement, he shall pay all reasonable charges of the taker up. It is not lawful for the takers up to use estrays previous to advertising them.
Sec. 9. It is the duty of the clerk of the County Court to publish the justice's return in some paper, to be designated by the governor, at the end of ten days after the same is transmitted to him, and the printer must transmit a copy of his paper to the clerks of the County Court of the several counties of the State.
Sec. 10. If no owner appears within one year after such publication, the property shall be vested in the taker up; but the former may, at any time thereafter, by proving his property, recover the valuation money, upon payment of costs and all reasonable charges.
Sec. 11. If any person shall sell or dispose of such estray within the year, he shall be liable to indictment, and shall be fined double the value of the property.
Sec. 12. When the estray is worth less than five dollars, the property vests in the taker up in one year from the time the description and value have been published at the court-house door.
Sec. 13. It is lawful for any person taking up an estray hog between the first day of November and the first day of March, after complying with the provisions of Sec. 1 and Sec. 3, and making oath that he believes said estray has strayed from some drove, if no owner shall appear to prove said estray