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ably possess and enjoy the demised premises for the term granted, without any interruption or disturbance from any person whatever.

SEC. 95. No covenant or promise by a lessee, that he will leave the premises in good repair, shall have the effect, if the buildings are destroyed by fire, or otherwise, without fault or negligence on his part, of binding him to erect such buildings again, unless there be other words showing it to be the intent of the parties that he should be so bound.

MORTGAGES AND DEEDS OF TRUST OF PERSONAL PROPERTY.

SEC. 96. A mortgage of personal property may be in the following form, or to like effect:

I, being now indebted to in the sum of dollars, with interest from thereof, do hereby mortgage to the said

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sonal property: (here describe the property,)
said
shall pay to the said
dollars, with the interest thereon, on or before the
then these presents shall be void.

Witness my signature and seal.

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[SEAL.]

SEC. 97. A deed of trust on personal property may be made in the form herein before provided for conveying real property in trust, substituting for the word "grant" the word "convey."

SEC. 98. Mortgages and deeds of trust of personal property may be acknowledged, certified, and recorded and indexed, as those of real estate, and with like effect.

SEC. 99. Mortgages and deeds of trust of personal property may be also assigned and released in the same manner as is hereinbefore prescribed with regard to mortgages of real estate.

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in consideration.

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the following per

provided, that if I, the

the said sum of

day of

BILLS OF SALE.

SEC. 100. A bill of sale may be made in the following form, or to like effect, and it shall be construed and deemed sufficient to convey all the right and title of the person executing the same:

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in consideration of

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of

the

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dollars paid me do hereby sell to the said following property: (here describe the property.) Witness my signature and seal, this day of

of

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[SEAL.]

SEC. 101. A bill of sale may be acknowledged before any officer authorized to take acknowledgments of deeds of real estate, and the same may be certified in form following, or to like effect:

STATE (District or Territory) of

county,

"

"

I hereby certify, that on this day of personally appeared before me, the subscriber, a justice of the peace for the -county aforsaid, (or other title,) and acknowledged the foregoing bill of sale to be his act; the said being personally well known to me as (or proved by the oath of a credible witness before me to be) the person who executed the said bill of sale.

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DEED OF MANUMISSION.

SEC. 102. A deed of manumission may be made in the following form, or like effect:

I,

of

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do hereby manumit and set free my slave (description); his freedom to commence from the date of these pesents, (or such other time as may be fixed.) Witness my signature and seal, this

day of

[SEAL.]

MISCELLANEOUS.

SEC. 103. Any covenant, restriction, or proviso allowed by law may be introduced into any of the foregoing forms.

SEC. 104. The words "personal representative," in this chapter, shall be construed to mean, executor and administrator; and mortgages of land shall in like manner be included within the terms conveyances of land or real estate, or deed of real estate.

SEC. 105. Nothing in this chapter, otherwise than is specially provided, shall be taken to affect the transfer of property by last will and testament.

SEC. 106. Any deed or part of a deed which shall fail to take effect by virtue of this chapter, shall, nevertheless, be as valid and effectual, and shall bind the parties thereto, so far as the rules of law and equity will admit, as if these provisions had not been enacted.

CHAPTER 49.

OF ESTATES IN DOWER AND BY THE CURTESY.

SECTION

21. Widow responsible for waste.

22. Jointure, devise, &c., in lieu of dower,
forfeited as dower.

23. Widow entitled emblements.
24. Widow's quarantine.

SECTION

1. Widow entitled to dower as at common law.

2. Widow entitled to dower in trust estates.
3. Widow, how endowed of estate subject
to a mortgage or deed of trust.

4. How endowed of surplus, when sold.
5. When mortgagee's wife may be en-
dowed.

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25. When widows's right not affected by judgment against her husband; saving in favor of the heirs.

26. Extent of dower to be recovered against heirs, devisees, or the assigns of either. 27. Same against one claiming under an alienation of the husband.

28. On recovery of dower, widow entitled to damages; or may have separate action

for same.

29. Measure of such damages as to value. 30. Measure as to time against the heir, devisee, &c.

31. Measure as to time against one claiming under alienation by husband.

32. On death of widow or tenant, recovery
may be had by her executor, &c., or
against his.

33. Limitation on demand for dower.
34. Dower; how assigned or recovered.
35. Dower; how assigned out of a mill or
other tenement which cannot be divided
without loss.

15. Widow may elect as against jointure or other provision made without her assent or during marriage.

16. Election; how evidenced.

17. Dower; when barred by devise or bequest.

18. Form of widow's renunciation of devise or bequest.

19. When devise or bequest construed to be intended in lieu of dower.

20. Widow evicted may be endowed anew. SECTION 1. A widow shall be entitled, as heretofore, to her dower at common law.

SEC. 2. When any person to whose use, or in trust for whose benefit, another is seized of lands, hath such inheritance in the use or trust as would, were it a legal right, entitle his widow to dower, such widow shall have dower therein, and may, by the remedy proper in similar cases, recover the same.

36. Dower; how commuted, widow consent-
ing to sale of all the estate.

37. When husband entitled to curtesy
38. When same barred by husband's aban-
donment.

39. Curtesy; how affected by divorce a vin-
culo matrimonii.

SEC. 3. If a husband shall be seized of lands subject to any mortgage or deed of trust which is valid against his wife, she shall never

theless be entitled to dower in the encumbered premises, as against every person except the mortgagee or cestuy que trust, and those claiming under them; provided, that if the heir or other person claiming under the husband shall redeem such encumbrance, the widow shall either repay such part of the money paid by him as shall be equal to the proportion which her interest in the encumbered premises bears to the whole value thereof, or she shall, at her election, be entitled to dower only according to the value of the estate after deducting the money so paid for the redemption thereof.

SEC. 4. If, upon any such mortgage or deed of trust, the mortgagee or cestuy que trust, or those claiming under them, shall, after the death of the husband of such widow, cause the encumbered land to be sold, either by virtue of a judgment or under a power of sale contained in such deed of trust, and any surplus shall remain after payment or satisfaction of the encumbrance thereon and the charges of sale, such widow shall be entitled to the interest on one-third part of the surplus for her life, as her dower, or in lieu thereof.

SEC. 5. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless during the marriage he acquire an absolute estate which finally bars the mortgagor's equity of redemption therein.

SEC. C. When a husband or any one to his use shall have been entitled to any interest in land, and his widow would be entitled to dower out of the same if the husband or such other person had recovered possession thereof, she shall be entitled to dower although there shall have been no such recovery of possession.

SEC. 7. If lands subject to dower be exchanged for other lands, the widow shall not be entitled to dower of both, but shall make her election, to be endowed of the lands given or those taken in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange, within six months after the death of her husband and such exchange becomes known to her, she shall be deemed to have elected to take her dower of the lands received in exchange.

SEC. 8. In case of a divorce, a vinculo matrimonii-from the bonds of matrimony-on account of the misconduct of the husband, the wife shall be entitled to dower in like manner as if he were dead; but in case of such a divorce on account of the misconduct of the wife, she shall not be endowed.

SEC. 9. If a wife willingly leave her husband and live in adultery, she shall be barred of her dower, unless, subsequent to such conduct, her husband shall become reconciled to her, and suffer her to dwell with him again.

SEC. 10. A married woman may bar her right of dower in any estate conveyed by her husband by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by releasing the same by a subsequent deed executed jointly with her husband; such deed in either case being executed and acknowledged by her, and certified as herein before prescribed by chapter forty-eight. She may in like manner bar her dower by joining with the guardian or trustee of her husband in the execution of any conveyance made under an order of the circuit court, or with the officer or trustee selling and conveying the real estate of the husband by virtue of an execution, judgment, or deed of trust.

SEC. 11. Whenever an estate in lands shall be conveyed to a person and his intended wife, or to such intended wife alone, or shall be conveyed in trust for such person and his intended wife, or in trust for such wife alone, for the purpose of creating a jointure for her benefit, such jointure, if assented to by the intended wife, shall be a bar to any right or claim of dower of such wife in any lands of the husband.

SEC. 12. Such jointure must not be less than a freehold estate in lands, for the life of the wife at least, to take effect in possession or profit immediately on the death of the husband.

SEC. 13. The assent of the wife to such jointure shall be evidenced, if she be of full age, by her becoming a party to the conveyance by which it shall be settled; if she be an infant, by her joining with her father or guardian in such conveyance.

SEC. 14. Any pecuniary provision made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

SEC. 15. If any such jointure or pecuniary provision, in lieu of dower, be made before the marriage, and without the assent of the intended wife, or if it be made during marriage, it shall bar her dower, unless she shall, within six months after knowledge of her husband's death and of the existence of such jointure or provision, make her election to waive the same and receive her dower.

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