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SECTION 1613.

1614.

1615.

TITLE XI.

OF THE ADMEASUREMENT OF DOWER.

Widow's dower set off by consent, or referees.

Dower may be demanded, or offered within twenty years.
Contents of demand or notice.

1616. Proof of right of dower to be made.

1617. Referees appointment, and description of property.
1618. Referees to be sworn.

1619. Vacancy may be filled.

1620. Manner of making admeasurement.

1621. Time to make report, may be enlarged.

1622. Report may be vacated, and new referees appointed.
1623.

Admeasurement, when confirmed, conclusive.

1624. Widow may bring action, if dower withheld.

1625. Order of confirmation, subject to appeal.

1626. Proceedings on the appeal.

1627. Costs of admeasurement, and of appeal.

1628. After admeasurement if widow fail to recover, she must refund costs of admeasurement.

§ 1613. A widow's dower in the real property of her deceased husband, may be admeasured and set off to her, at any time after the death of her husband, by agreement between her and the heirs or other owners in fee thereof, who are of full age and competent to contract; or it may be set off by referees, appointed as hereinafter provided.

§ 1614. The widow may, at any time within twenty years from the death of her husband, by a notice in writing, demand the admeasurement of her dower from the heirs of her husband, or other owners in fee, or persons in possession of real property in which she is entitled to dower; and in like manner, the heirs of the deceased husband, or other owners in fee of real property in which a widow is entitled to dower, may, by

notice in writing, offer to set off to her her dower therein.

§ 1615. Such demand or notice must specify the lands in which the right of dower exists or is claimed, in an intelligible manner, and must nominate three disinterested freeholders, who are not of kin to either party, as referees, to admeasure the same; and must designate a place and time, not less than ten nor more than forty days from the time of service, at which application will be made to a court having jurisdiction, for an order appointing the referees. Service thereof may be made and proved, in the same manner as the service of a summons in a civil action, except by publication.

§ 1616. Upon application to the court, at the time and place specified, or at such other time as the court may designate, proof by affidavit of the applicant or other person, must be made to the satisfaction of the court, of the right of the widow to dower in the property, and thereupon the court must appoint three referees to make the admeasurement.

§ 1617. The referees must be freeholders residing in the county where the real property or some part of it lies, and must be persons named by the parties or one of them, unless reasonable objection to them be made. The order of appointment must describe the property, out of which dower is to be admeasured, and specify the time when the report must be made.

§1618. The referees, before entering upon their duties, must be sworn, before some person authorised to administer oaths, that they will honestly and faithfully execute the trust reposed in them by the appoint

ment.

§ 1619. If the persons so appointed referees, or either of them, die, resign, or fail to serve, others may be appointed in their places, by the court which appointed the first referees, and must take the same oath.

§ 1620. The referees, so appointed, must execute their duties as follows:

1. They must admeasure and lay off, as speedily as possible, the one-third part of the real property, embraced in the order for their appointment, as the dower of such widow, designating such part by posts, stones, or other permanent monuments;

2. In making such admeasurement, they must take into view, any permanent improvement made upon the property embraced in the order, by any heir, guardian of a minor, or other owner, since the death of the husband, or since the alienation thereof by him; and, if practicable, must award such improvements within that part of the property not allotted to the widow; and if not practicable so to award the same, they must make a deduction from the property allotted to the widow, proportionate to the benefit she will derive from such part of the improvements, as may be included in the portion assigned to her;

3. They must make a full report of their proceedings, with the quantity, and description of the property, admeasured and allotted by them to the widow, mentioning the posts, stones, and other permanent monuments thereof, and the items of their charges, to the court by which they were appointed, at the time specified in the order for their appointment;

4. They may employ a surveyor, with necessary assistants, to aid them in such admeasurement.

§ 1621. The court appointing such referees, may, upon their application, or that of either party, enlarge the time for making their report; and may, by order, compel such report, or discharge the referees neglecting to make the same, and appoint others in their places

§ 1622. The court to whom the report is made, may, at the time appointed for receiving the same, or at such other time to which the hearing may be adjourned, on good cause shown, set aside the report, and appoint, as often as may be necessary, new referees, who shall proceed in the manner hereinafter directed; and, if not set aside, the court must, by order, confirm the report and admeasurement.

§ 1623. The admeasurement so made and confirmed, shall, at the expiration of twenty days from the date of such confirmation, unless appealed from, be binding and conclusive, as to the location and extent of the

widow's right of dower, on the parties who applied for the same, and on all parties to whom notice has been given, as hereinafter directed. But no person shall be precluded thereby from controverting the right of such widow to the dower so admeasured.

§ 1624. The widow to whom dower is admeasured, after the expiration of twenty days from the date of the confirmation, unless the same be appealed from, may, if possession be withheld or her right denied, bring an action to recover the possession of the lands so admeasured to her for her dower, and, upon recovery, may hold the same during her life, subject to the payment of all taxes and charges accruing thereon, subsequent to her taking possession.

§ 1625. The order of a court, confirming the admeasurement of dower, may be reviewed, by appeal in the same manner as a judgment in an action in the same court, and the manner of bringing an appeal, and the security required thereon, must be in conformity with similar proceedings in civil actions.

§ 1626. The appellate court, may, on such appeal, affirm or reverse the order, and may require a new admeasurement by the same or new referees, to be appointed by the appellate court, if the appeal be to the supreme court, or by the court in which the proceedings were originally had, if the appellate court so direct. Proceedings upon a second or other subsequent report may be had in all respects as on the first.

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