ages sustained by the plaintiff by detention thereof after demand therefor. SEC. 12. Said commissioners shall appoint time and place to meet the parties in the said action, and give them notice thereof; and at such time and place, notwithstanding the absence of either or both of said parties, and unless good cause is shown, proceed to discharge their duties and make report of the same under their hands with a plat of the premises and of the dower set off, if set off by metes and bounds, as soon as may be, to the court appointing them. SEC. 13. No sufficient cause to the contrary being shown, said court shall confirm said report, and enter up judgment according to the same, and issue a writ of execution for said damages, and to put the plaintiff in possession of her dower or perception of rents and profits, as the case may require. SEC. 14. Such execution shall not be issued until after the plaintiff produces to the court, or clerk, if the court be adjourned, a certificate that the judgment of said court, confirming said report, has been duly recorded in the office of the town clerk of the town in which the premises lie; the expense of which shall make part of the costs in the action of dower. SEC. 15. No action of dower shall abate by the death of the defendant named therein, where the defendant is tenant of the freehold, if the property passes by devise or descent from him; but such death being suggested, the heir or devisee shall be summoned. to appear at the same or at the next term, in the discretion of the court in which the action is pending, and take upon him the defence of the suit; and the suit shall proceed against him in the same manner as if he had been the original defendant. SEC. 16. Any court of probate in this state which shall have granted letters of administration or letters testamentary on the estate of any deceased person, shall have power, upon the joint application of the widow of the deceased, and of all the heirs at law or devisees having the next immediate estate of freehold, and all persons interested in all or any of the lands, tenements or hereditaments, lying within this state, which belonged to the deceased during his intermarriage, whereof such widow is dowable, to cause her dower therein to be assigned and set off to her. SEC. 17. When such an application shall be made to such court of probate, said court, upon hearing the parties thereto, shall, in the first instance, decree in what manner the dower ought to be assigned in the premises described in the application, whether by metes and bounds or in some special and certain manner as set forth in the second section of this chapter; and any person aggrieved by such decree may appeal therefrom to the next term of the supreme court to be holden in the same county; but if no appeal be made within the time prescribed by law, or if the parties in writing within that time waive their right to appeal, then said decree shall be final. SEC. 18. Upon the rendering of a final decree on such applica tion, prescribing the manner in which the dower shall be assigned, the court rendering the same shall appoint three disinterested men, who shall have and exercise the same duties and powers, and in the same manner and under the same restrictions as though they were appointed to set off dower in an action of dower according to the provisions of this chapter; and their report being made to said court, like proceedings shall be had thereon, and with like effect as in an action of dower. SEC. 19. No damages for detention of dower shall be allowed on such application, nor shall any appeal be had from a decree of a court of probate affirming any report to said court, made by the men appointed to set off dower upon such application. SEC. 20. No woman who shall be endowed of any lands, tenements, or hereditaments as aforesaid, shall commit or suffer any strip or waste thereon, upon penalty of forfeiting the whole of that part of the estate upon which such strip or waste shall be made, and the damages assessed for waste, to him who has the immediate estate of freehold or inheritance, remainder or reversion, by an action of waste to be brought therefor; and all tenants in dower shall maintain the houses and tenements, with the fences and appurtenances whereof they may be endowed, in good repair during the term, and shall leave them so at the expiration thereof. SEC. 21. If any estate, real or personal, be conveyed by deed, or the same be devised or bequeathed for the jointure of the wife in lieu of her dower, to take effect in her own possession immediately on the death of her husband, and to continue during her life, or in fee, determinable by such acts only as would forfeit her dower at the common law, such conveyance shall bar her dower of the resi due of the lands, tenements and hereditaments which her said husband at any time possessed: but if the said conveyance was before marriage and during the infancy of the woman, or after marriage, in either case the widow may, at her election, waive such jointure, and demand her dower: Provided, the same be done in writing within twelve months after the probate of the will, if there be one, and if not, then within twelve months after the granting of letters of administration on her deceased husband's estate. SEC. 22. When any conveyance or devise intended to be in lieu of dower shall, through any defect, fail to be a legal bar thereto, and the widow availing herself of such defect, shall demand her dower, the estate so conveyed with intention to bar her dower, shall thereupon cease and determine. SEC. 23. If any widow be lawfully expelled or evicted from her jointure, or any part thereof, without any fraud or covin, by lawful entry or action, she shall be endowed of so much of the residue of her husband's lands, tenements and hereditaments whereof she was dowable, as the same lands, tenements or hereditaments, wherefrom she was so evicted and expelled shall amount and extend to. SEC. 24. Widows may bequeathe the crops as well of their dower as of their other lands and tenements; and if any widow shall erect any fence on or around her dower land, her executors or administrators may enter thereon and remove the same, doing as little damage as may be to the freehold, at any time within six months after the death of such widow. CHAPTER 203. OF PARTITION OF ESTATES IN COMMON AND JOINT-TENANCY, AND OF OTHER ACTIONS CONCERNING SUCH ESTATES. SECTION 1. Actions brought by tenants in common, and who to join in as plaintiffs. 2, 3 and 4. Who compellable to make partition of estates in common, &c., and by whom. 5. How partition made, in case reversioner or remainder-man joins in suit, and effect of tenant for life or years, on. 6. Suit for, where brought when joint estate situated in two or more counties. 7. Notice of to non-resident, how may be given, and effect of. 8. Service of writ or subpœna, how made on persons temporarily absent. 9. Proceedings in case of temporary absence of defendant. 10. Proceedings in case omission of party is pleaded. 11. Proceedings in, in case of defendant infant, non compos, &c. 12. Proceedings in, in case of death of party. 13. Of voluntary appearance in, of heirs or devisees. SECTION 14. Parties in, may severally plead. 16. Joint estate, when may be sold by court 17. Who bound by sale, and how persons interested made parties to decree for. 18. Proceeds of sale, how to be disposed of. 19. Of costs in actions for partition. 20. Costs a lien on joint estate, and lien how may be enforced. 21. Of appeal in actions at law for partition, and of appointment of commissioners to make partition. 22. Of notice to be given by commission ers. 23. Of notice by, in case of non-resident, 24. Of report of commissioners, how made, SECTION 1. In actions of ejectment or other actions concerning any estate holden or claimed in coparcenary, common or joint-tenancy, where the possession of such estate claimed is the object of the suit, the same may be commenced by all or any two or more of the coparceners, tenants in common, or joint-tenants, or the same may be brought by each one for his particular share of such estate; and the same rules shall prevail in actions of trespass for mesne profits. SEC. 2. All joint-tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate of inheritance in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, by writ of partition. SEC. 3. All joint-tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, may be compelled to make partition between them of such lands, tenements and hereditaments, to continue until the estate of some of the parties to the same shall determine, and no longer, by writ of partition. SEC. 4. All joint-tenants, coparceners and tenants in common, who now are or hereafter may be actually seized or possessed of any estate for life or years, in any lands, tenements or hereditaments, in their own right, or in the right of their wives, with others who have estates of inheritance in possession in the same lands, tenements and hereditaments, may compel or be compelled to make partition of such lands, tenements and hereditaments, to . continue until the estate of some of the parties shall determine, and no longer, by writ of partition. SEC. 5. If the tenant in reversion or remainder in fee join with the said tenant for life or years in compelling partition of any such lands, tenements or hereditaments, against the other co-tenants, the partition shall be of the whole estate and binding on the heirs and assigns of all parties; and no such action shall abate by the death of the tenant for life or years, or the expiration of the term for years; but the surviving plaintiff may prosecute the said action to final judgment and execution. SEC. 6. Partition of real estate holden in joint-tenancy or in common, and situate in two or more counties in this state, may be sued for by action at law or by bill in equity in either county in which any of the real estate is situate; and such action or bill shall be conducted in the same manner in all respects as if all the real estate therein named was situate in the same county. SEC. 7. In suits at law, or in equity, for partition of real estate, in which it may be alleged or may appear, that any party or person interested therein, not a party plaintiff, may not be a resident of this state, or where it is alleged or may appear, that any person interested has left this state, and it may not be known where he is, or whether alive or dead, and if dead, whether leaving children or not, or that some person unknown to the plaintiff may be interested therein, the court before whom the suit is pending may order notice to be given to any such party or person, by ordering a copy of their order to be published in some newspaper printed in this state for such length of time as they may deem proper; and may also, in their discretion, order letters post paid and directed to such party, or person, to be deposited in the post-office; and, where notice is given as ordered by the court, they may proceed and render judgment in said suit in the same manner and with the same effect as if such party or person had received actual or personal notice, or had appeared and answered to the suit. SEC. 8. If a person named defendant in a writ or bill for partition, being an inhabitant of this state, shall be temporarily absent therefrom, so that, although it may be known where he is, the writ or subpœna cannot be personally served upon him, legal service thereof may be made by leaving a copy thereof with the tenant in possession of the estate whereof partition is demanded, if any there be. SEC. 9. If such defendant doth not appear to answer such suit, the cause shall be continued, or delayed until his return: Provided, the same happen on or before the second day of the term next succeeding that at which, or first after which, said proceeding shall have been commenced; at which term, if such defendant do not appear to answer the suit, the court shall appoint some discreet and disinterested person as agent of such defendant, whose duty it shall be to defend such suit; and in case judgment shall be rendered for partition, to attend to the partition to be made, and therein take care of the interest of the person for whom he shall have been appointed agent as aforesaid. SEC. 10. In any action of partition, if any person who ought to be a party to such action, shall be omitted in the writ, the writ or process in such action shall not be thereby abated; but in case the same is pleaded, a summons shall issue to the person thus omitted, which shall be served in manner prescribed by law, at least twenty days before trial; who may come in and defend in the same manner as though he had been originally made a party to such action; and if the person thus summoned shall appear, or shall neglect to appear, his name may be inserted in the process by the court; and judgment shall be rendered in such action in the same manner as if such person had been originally a party in the writ. SEC. 11. If, in any such action, the defendant shall be an infant, non compos mentis, or otherwise incapacitated to take care of his right and estate, it shall be the duty of the court before which such action shall be pending, to appoint some discreet and disinterested person as guardian to defend such infant, non compos mentis, or otherwise incapacitated person against such suit; and in case of judgment for partition, to attend to the partition to be made, and therein take charge of the interest of the person for whom he shall be appointed guardian. SEC. 12. No action of partition shall be abated by the decease of either of the parties, plaintiffs or defendants, in such action. In case of the decease of either of the plaintiffs or defendants in such action, the court shall cause the heirs at law or devisees of such deceased party to be notified of the pendency of such suit, in the same manner as if they had been parties in the original writ in said action, and may, after such notice shall be given, render judgment in said suit in the same manner as might have been done had such heirs or devisees been original parties in said action. SEC. 13. If such heirs or devisees shall voluntarily appear in court without such notice, the court may proceed without further delay, to try, render judgment, and proceed thereon, in such action. SEC. 14. In actions of partition against several defendants, each of the defendants may answer severally; or any two or more may answer jointly; and in their answers set forth the right or interest |