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ever, without the consent in writing of the said

(lessor,) his personal representatives, and assigns, first had and obtained. SEC. 91. A covenant in a lease by the lessee that "he (the lessee) will leave the premises in good repair," shall be construed and have the same effect as if the lessee had covenanted that he (the lessee) will, at the expiration or other sooner determination of said lease, peaceably surrender and yield up unto the said lessor the said premises hereby leased, with all the appurtenances, together with all the buildings and fixtures now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects; reasonable wear and tear, and damage by fire, only excepted.

SEC. 92. A proviso in a lease in the following form, or to the like effect: "provided, that in default of payment of the rent, or breach of any covenant herein contained, the said (the lessor) may re-enter,' shall be construed and have the same effect as the following proviso: "provided always, and it is expressly agreed, that if the rent hereby reserved, or any part thereof, shall remain unpaid after the day or days in which the same ought to have been paid, and after a demand shall have been made by the said (lessor) for the payment of the same, or in the case of the breach or non-performance of any of the covenants and agreements herein contained, on the part of (the lessce) his personal representatives and assigns, then and in either of such cases, it shall be lawful for (the lessor) at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy as of his or their former estate, anything hereinafter contained to the contrary notwithstanding.

SEC. 93. In a lease a covenant by the lessee "to pay the rent" shall have the effect of a covenant that the rent reserved by the deed shall be paid by the lessee, or those entitled under him, in the manner therein mentioned; and a covenant by him "to pay the taxes" shall have the effect of a covenant that all taxes, levies, and assessments upon the demised premises, or upon the lessor on account thereof, shall be paid by the lessee or those claiming under him.

SEC. 94. In a lease a covenant by the lessor "for the lessee's quiet enjoyment of his term" shall have the same effect as a covenant that the lessee, his personal representatives and lawful assigns, paying the rent reserved, and performing his or their covenants, shall peace

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:

of

I, -, being now indebted to in the sum of dollars, with interest from

thereof, do hereby mortgage to the said

sonal property: (here describe the property,)

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of

in consideration the following perprovided, that if I, the the said sum of

dollars, with the interest thereon, on or before the

then these presents shall be void.

Witness my signature and seal.

day of

[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.

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:

I,

by

of of

in consideration of -, do hereby sell to the said following property: (here describe the property.)

dollars paid me

the

Witness my signature and seal, this —

day of

[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:

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before me, the subscriber, a justice of the peace for the

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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.

DEED OF MANUMISSION.

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

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, (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.]

Witness:

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.

SECTION

CHAPTER 49.

OF ESTATES IN DOWER AND BY THE CURTESY.

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.

6. Widow dowable of a right of entry.
7. Widow, how endowed in case of ex-
change.

8. Dower; how affected by divorce a vin-
culo matrimonii.

9. Dower barred by abandonment and living in adultery.

10. Dower; how barred by wife joining in
conveyance with her husband or his
guardian, &c.

11. Dower; when barred by jointure.
12. Character of jointure of real eastate.
13. Wife's assent to jointure; how evi-
denced.

14. Dower; when barred by pecuniary pro

vision.

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.

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.

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.

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

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When same barred by husband's abandonment.

39. Curtesy; how affected by divorce a vinculo matrimonii.

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.

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 elec tion, 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. 6. 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 proceed ings 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.

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