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before some proper officer, he or they so refusing shall be liable to make good all damages that shall accrue for want of such discharge or release, to be recovered by an action of the case, in a court of record ; and in case judgment shall pass against the party sued, he shall pay unto the plaintiff treble costs upon such suit: provided, nevertheless, that nothing herein contained shall be construed to defeat, invalidate, annul, or render ineffectual any other legal discharge, payment, satisfaction or release of any mortgage.
Sec. 13. If any person shall be seized of any estate in fee tail, he shall have a right to convey the same in fee simple, by his last will and testament, or by deed duly executed, under his hand and seal, and acknowledged before the supreme court or any court of common pleas in this state ; and such conveyance shall vest an estate in fee simple in the grantee, his heirs and assigns, and shall bar the tenant in tail, his heirs and assigns, and all others who may claim the same in remainder or reversion, expectant upon the determination of such estate tail.
An Act declaring what is Real and what Personal Estate, in
turing establishment declared to be
estate, except for taxes.
It is enacted by the General Assembly, as follows:
SECTION 1. The main wheel, steam engine, boilers, and shafts, whether upright or horizontal; drums, pullies and wheels, attached to any real estate for the purpose of operating machinery, and all kettles set and used in any manufacturing establishment, are hereby declared to be real estate when the same belong to the owners of the real estate to which they are attached.
Sec. 2. All other machinery, tools and apparatus of every description used and employed in any manufacturing establishment, are hereby declared to be personal estate ; and as such shall be considered in assignments of dower, in attachments, and in all cases whatever except the assessment and payment of taxes.
Sec. 3. Partition of the property mentioned in the second section of this act may be compelled between the owners thereof, in the same manner as though the same were real estate.
An Act regulating Marriage and Divorce.
Section 1. Marriage within certain degrees, pro- 6. For adultery of husband, wife's estate
hibited—issue illegitimate-Jews ex- to be restored—and alimony allowed. cepted.
7. Divorce to be decreed by the supreme 2. Former wife or husband living-idiot,
8 Court may assign separate mainten3. Divorce when and for what causes de. creed.
9. Court may regulate the custody of 4. Collusion of parties prevents a decree. children. 5. Divorced for affinity, &c., the wife 10. Court may prescribe notice to be
shall have her lands, &c., restored- given on petitions. for adultery of wife, husband to hold 11. Petitioner shall have resided three the estate, &c.
years in the state.
It is enacted by the General Assembly, as follows:
SECTION 1. No man or woman shall intermarry within the degrees herein after named, that is to say:
No man shall
his Mother, Grandmother, Daughter, Son's daughter, Daughter's daughter, Stepmother, Grandfather's wife, Son's wife, Son's son's wife, Daughter's son's wife, Wife's mother, Wife's grandmother, Wife's daughter, Wife's son's daughter, Wife's daughter's daughter, Sister, Brother's daughter, Sister's daughter, Father's sister, Mother's sister.
No woman shall marry her
And if any man or woman shall intermarry within the degrees aforesaid, every such marriage shall be null and void
; and the issue of any such marriage hereafter to be had and solemnized shall be deemed and adjudged illegitimate, and be subject to all the disabilities of such issue: provided, always, that nothing herein contained shall be construed to extend to or in any way affect any marriage which shall be solemnized among the Jews, within the degrees of affinity or consanguinity allowed by their religion.
Sec. 2. All marriages when either of the parties have a former wife or husband living at the time of such marriage, or where either of them shall be an idiot or lunatic at the time of such marriage, shall be absolutely void ; and no dow
shall be assigned any widow in consequence of such marriage, and the issue shall be deemed, taken and adjudged illegitimate, and be subject to all the disabilities of such issue.
Sec. 3. Divorces from the bond of matrimony shall be decreed in case any marriage shall be hereafter had or solemnized, which is declared void as above said; divorces from the bond of matrimony shall also be decreed for impotency, adultery, extreme cruelty, wilful desertion for five years of either of the parties, continued drunkenness, and also for neglect or refusal on the part of the husband, being of sufficient ability, to provide necessaries for the subsistence of his wife; and also for any other gross misbehaviour and wickedness in either of the parties, repugnant to and in violation of the marriage covenant.
Sec. 4. When it shall appear that the adultery, cruelty, desertion or other cause of complaint as aforesaid, was committed or occasioned by the collusion of the parties, and done or contrived with an intention to procure a divorce, in such case no divorce shall be decreed.
Sec. 5. When a divorce shall be had for the causes of affinity, consanguinity, impotency, idiocy or lunacy of either of the parties, the wife shall have restored to her all her lands, tenements and hereditaments; and a judgment may be passed for a restoration to her of all or such part of the personal estate specifically, or the value thereof, which has come to the husband's hands by virtue of the marriage, as the court from the circumstances of the case shall deem equitable ; and when the divorce shall be occasioned by adultery, or other of the causes aforesaid done or committed on the part of the wife, the husband shall hold the personal estate forever, and her real estate during his natural life, in case they have had issue born alive of her body during the marriage, otherwise during her natural life only, if he shall survive her : provided, nedertheless, that the court may allow her for her subsistence so much of such personal or real estate as they shall judge necessary.
Sec. 6. When a divorce shall be had for the cause of adultery or any other of the aforesaid causes, done or committed on the part of the husband, the wife, if there be no issue living at the time of the divorce, shall be restored to all her lands, tenements and hereditaments; and be allowed out of his real or personal estate, or both, such alimony as the court shall think reasonable, not exceeding the use of one moiety of his real estate during the life of the wife, and the property of one half of his personal estate, having regard to the personal property which came to the husband by the marriage, and his ability ; but if there be issue living at the time of the divorce, the court, with regard to ordering restoration or granting alimony as aforesaid, may do as they shall judge the circumstances of the case may require; and upon the application of either party may, from time to time, make such alteration therein as may be necessary.
Sec. 7. All questions of divorce and alimony shall be heard and tried by the supreme court, in the county in which the petitioner shall reside.
Sec. 8. Said court shall also have power, upon the application of any married person to them, in the county in which such person shall reside, and for the causes for which by law a divorce may be decreed, or for such other causes as may seem to them to require it, to assign to such person a separate maintenance out of the estate or property of the husband or wife of such person, in such manner as they may deem best; and any justice of said court may, in vacation, upon reasonable notice and proof, make such interlocutory decrees or grant temporary injunctions as may be necessary, until a hearing can be had before the court.
Sec. 9. Said court shall also have power to regulate the custody and provide for the education, maintenance and support of the children of all persons by them divorced or petitioning for a divorce, and of all persons to whom a separate maintenance may be granted or who may petition for the same; and to make all necessary orders and decrees concerning the same, and the same at any time to alter, amend and annul for sufficient cause, after notice to the parties interested therein.
Sec. 10. Said court may, by general rule or otherwise, prescribe the notice to be given on petitions for divorce, alimony, separate maintenance and custody of children, and may issue such process as may be necessary to carry into effect the powers conferred on them by this act.
Sec. 11. Said court shall have no cognizance of or jurisdiction over any petition for divorce, alimony, separate maintenance or custody of children, unless the petitioner shall, at the time of preferring such petition, have been a resident in this state for the space of three years next preceding the preferring such petition.
An Act to secure the fulfilment of certain Contracts, and for the
relief of Married Women in certain cases.
without her husband may, after two
married. 2. Arrival of husband, how to affect her
to affect the rights of the other.
of the children.
It is enacted by the General Assembly, as follows :
Section 1. When any married woman shall or shall have come from any other state or country into this state without her husband, he never having lived with her in this state, and she shall continue or shall have continued to reside in this state, without her said husband, for the space of two years continuously, she may afterwards, during her separate residence therein, transact business, make contracts, prosecute and defend suits in her own name, and dispose of such of her property which she may acquire by her own industry or otherwise ; and may have the exclusive care, custody and guardianship of her minor children, if any living with her, in like manner and in all respects as if she was unmarried ; and she shall be liable to be sued as if she were unmarried, upon all contracts, and for all other acts made or done by her after the expiration of said term of two years; and she may make and execute any deeds and other instruments in her own name, and do all other lawful acts that may be necessary or proper to carry into effect the power so granted to her.
Sec. 2. If the husband of any such woman shall afterwards come into this state and claim his marital rights, his arrival here shall have the same effect with regard to any suit then pending in which she is a party, except to abate the same, and to any contract or business transacted by her under the power granted in the foregoing section, as if they had