shall not have been actually done and performed such officer, for every such offence, shall, on conviction thereof before any court of record for the proper county, forfeit and pay to the party injured, any sum not exceeding fifty dollars. It shall and may be lawful for any person to refuse payment of fees to any officer, who will not make out a bill of particulars, signed by him if required, and also a receipt or discharge, signed by him, for the fees paid.

Sec. 4. Be it further enacted, That so much Certain laws of the act, entitled "An act to regulate county repealed levies," as authorises the county commissioners, at their annual meeting, to allow compensation to the justices of the peace, clerks of the courts of general quarter sessions of the peace, sheriff and constables, for services by them or either of them performed, for and on behalf of their several counties respectively; also, the law, entitled "A law, ascertaining and regulating the fees of the several officers and persons therein named," adopted and published at Cincinnati, the sixteenth day of June, one thousand seven hundred and ninety-five; also, the law in addition to the same, published at Cincinnati the first day of May, one thousand seven hundred and ninety-eight; and also, the act, entitled "An act regulating the fees of constables in the several counties within this Contiuued territory," passed at Cincinnati, the nineteenth day of December, one thousand seven hundred and ninety-nine; and also, the act, entitled "An act regulating the fees of civil officers, and for other purposes," passed the twenty-third day of January, one thousand eight hundred and two, and also, the fourth section of the act, entitled "An act allowing compensation to the associate judges, and for other purposes," passed the eigh teenth day of February, one thousand eight hun

Commence ment

dred and four, be, and the same are hereby repealed: Provided, That nothing herein contained, shall be construed to extend to or affect, the fees for services performed prior to the taking effect of this act.

This act shall take effect and be in force from and after the first day of June next.

MICHAEL BALDWIN, Speaker of the house of representatives.

DANIEL SYMMES,

Speaker of the senate.

21st February, A.D. 1805.

Widow to

CHAPTER XXXVII.

An act relating to dower.

Sec. 1. Be it enacted by the general assembly be endowed of the state of Ohio, That the widow of any perof one equal son dying intestate or otherwise, shall be endowthird part of ed of one full and equal third part of all the lands,

the real property

tenements or other real estate, of which her husband was seized as an estate of inheritance, at any time during the coverture, to which she shall not have relinquished her right of dower, by deed duly executed and acknowledged; and she shall, in like manner, be endowed of one third part of all the right, title or interest, that her husband, at the time of his decease, had in any lands and tenements, held by bond, article, lease or or other evidence of claim, and until such dower shall be assigned, it shall be lawful for her to Until dower remain and continue in the chief mansion-house is assigned and the messuage or plantations thereto belongthe mansion ing withont being chargeable with rent for the

to remain in

house

samė.

barred.

Sec. 2. Be it further enacted, That if any What cases estate shall be conveyed to a woman as jointure right of dow in lieu of her dower, to take effect immediately er shall be after the death of her husband and to continue during her life, such conveyance shall bar her right of dower to the lands and tenements which were her husband's; but if the jointure or conveyance was made when the feme was in infancy, or if made after marriage, in either case the wi. dow, at her election, may waive her jointure and demand her dower.

A division by

Sec. 3. Be it further enacted, That whenever The widow any person shall leave any part of his lands, tene- to make her ments or hereditaments to his wife by will, she election shall, within six months after the death of her within six husband, make her election, whether she will months of will or dower take by the will or by her right of dower: Provided, That the court may, for good cause shewn, give a farther time to any widow to make her election, not exceeding eighteen months from the death of her husband, unless the husband shall specially set forth in his will, that such provision was made and given in addition to the widow's right of dower; and in case all the heirs to the estate are of age, and the widow and the heirs can agree on a division and on settle, to be return ment of the estate, they shall make return of ed to court such their agreement to the court of common pleas, which settlement and agreement shall be valid and binding on the widow and the heirs. Sec. 4. BE it further enacted, That no con tract of the husband or recovery against him of When the any lands, tenements or hereditaments, being the husband the inheritance or freehold of his wife during the shall not de coverture between them, shall in any wise de- prive the prive the wife, after the death of her husband, wife after of any right which she had or might have to her right, &c. such lands, tenements or hereditaments, or her

C &

agreement

Contract of

his death of

Conveyance

in lieu of

to be a bar

heirs or any person who shall have right, title or interest to the same, by the death of such wife or widow.

Sec. 5. Be it further enacted, That when any conveyance, intended to be in lieu of dower, dower failing shall, through any defect, fail to be a legal bar thereto, and the widow, availing herself of such defect, may demand her dower, and the estate and interest conveyed to such widow, with intention to bar her dower, shall thereupon cease and determine.

Widow evict Sec. 6. Be it further enacted, That if any ed from her widow be lawfully evicted from her jointure, or Jointure how any part thereof, without fraud in her, she shall endowed be endowed of as much of the residue of her husband's lands, tenements or hereditaments, whereof she was before dowable, as the same lands, tenements or hereditaments, from which she was evicted, shall amount to.

her right of

A wife leav Sec. 7. BE it further enacted, That if a wife ing her hus willingly leave her husband and dwell with her band forfeits adulterer, she shall lose and be barred of her dower, &c. right of dower; but if she shall return and her husband shall be reconciled to her and dwell with her, she shall be restored to her right of dower.

When lands

are lost by fraud the wi dow entitled

to her dower

Sec. 8. BE it further enacted, That in case a person shall be impleaded for lands or tenements, and giveth up the same by covin or fraud, after the death of the husband, the wife may recover her dower of the same, and in case the husband loseth the land in demand by default, and his wife, after his death, demand her dower therein, she shall be heard, and if the widow can establish the right of the husband to the lands and tenements, she shall be entitled to and recover her dower therein.

dówer in pre

Sec. 9. Be it further enacted, That when. When the ever a widow, having no right to dower, and widow is a the heir being under age, shall bring her writ of warded her dower against the guardian, and he shall make judice to the default, or by collusion defend the plea faintly, heirs to be whereby the widow is awarded her dower in proceeded prejudice to the heir or heirs, in all such cases, against as he. she or they coming of age, shall have right to demand the same of his or her ancestor, against such woman, in like manner as he, she or they, should have against any other person.

J

other cases.

otherwise

Sec. 10. BE it further enacted, That when Heir to set the heir or other person, having the next imme- off dower in diate estate of inheritance, shall not, within three 8 months af months after demand made, assign and set off to ter demand the widow of the deceased her dower in all lands, the widow tenements and hereditaments, of which by law, may sue for she is or may be dowable, to her satisfaction, it. according to the true intendment of law, then such widow may sue for and recover the same by writ of dower, to be brought against the tenant in possession, or such person or persons as have claim, right or inheritance in the same estate, in manner and form as by law is or may be prescribed.

writ of seisin

to issue

Sec. 11. Be it further enacted, That upon On judg rendering judgment for any woman to recover ment had a her dower, in any lands, tenements or hereditaments, reasonable damages shall also be awarded to her from the time of the demand and refusal to assign to her reasonable dower; and a writ of seisin shall be directed to the sheriff or coroner of the county, and the sheriff or coroner tọ whom such writ is directed, shall cause her dower in such estate to be set forth unto her, by three disinterested freeholders of the same county, under oath or affirmation, to be administered by any justice of the peace, to set forth