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A similar provision has been in force ever since. Revised Statutes of 1838, p. 438, 439; Laws of 1840, p. 167.

From the last clause above cited from the Act of 1828, one would be led to infer that a similar Statute had existed before, and had been repealed by the Code of 1827, which took effect January 1,1828; but no such Statute has been found.

WITNESSES.

The Act of March 27, 1820, required deeds to be signed by two or more witnesses. Code of 1820, p. 136.

This requirement was continued by the Act of 1827, and was in force until repealed by the Revised Statutes of 1838. Revision of 1827, p. 258; and 1833, p. 279.

From September 1, 1838, to May 20, 1839, no subscribing witnesses were required. From the date last mentioned to the present time, two have at all times been necessary. See Laws of 1839, p. 219.

CLERK'S CERTIFICATE, WHEN THE DEED WAS EXECUTED OUT OF THE STATE.

This first became necessary May 20, 1839. The Act of April 20, 1839, which took effect thirty days thereafter, provided that "no Register of Deeds shall record any deed executed out of this State, unless there shall be attached thereto the official certificate of the proper certifying officer, showing that the officer taking the acknowledgment of such deed is such officer as by his certificate of acknowledgment he purports to be, duly commissioned and qualified." Laws of 1839, p. 219. The Act of 1840, which took effect the first day of April of that year, required that when the deed was executed in any other State or Territory, it should have attached thereto a certificate of the proper County Clerk, under the seal of his office, that such deed was executed according to the laws of such State or Territory. Laws of 1840, p. 166.

The Act of January 19, 1843, in force from and after February 15, 1843, required that when the deed was executed in any other State or Territory, it should have attached thereto a certificate of the Clerk or proper certifying officer of any Court of Record in such State or Territory, under the seal of his office, that such deed was executed and acknowledged according to the laws of such State er Territory. Laws of 1843, p. 6. This provision continued in force until the Revised Statutes of 1946.

RECORDING OF DEEDS.

From 1935 to 1515, deeds might be recorded in the office of any Clerk of a Court. Woodward Code, p. 62, Sec. 87. The Act of 1815 required them to be recorded in the office of the Register of Probate of the District in which the lands were situate. Cass Code, p. 80.

By the Act of March 27, 1820, deeds were to be recorded in the office of the Register of Probate for the County, or Register of the City in which the lands were situate. Code of 1820, p. 157. And see the Act of 1827, Rev. of 1827, p. 258; Rev. of 1833, p. 279.

The office of Register of Probate was abolished by the Act of Jan. 29, 1835 and deeds, except of lands in Detroit, were required to be recorded in the office of the Register of Deeds elected for each county. Laws of 1835, p. 79.

The office of City Register of Detroit was abolished by Act of March 22, 1837, and his duties conferred upon the Register of Deeds for the County of Wayne. Laws of 1837, p. 268.

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For acts respecting conveyances by the Governor and Judges, and by the Mayor, Recorder and Aldermen of Detroit, see Laws of 1834, p. 38; 1844, p. 60; 1846, p. 156; and 1850, p. 232.

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CHAPTER LXXXIX.

OF ESTATES IN DOWER AND BY THE CURTESY.

SECTION

2772. Widow entitled to Dower.

2773. Dower in case of exchange of Lands by
husband.

2774. Mortgaged Land.

2775. Mortgage to secure Purchase Money.
2776. When Widow entitled to interest after sale
on Mortgage.

2777. When Widow entitled to Dower of residue
after deducting amount paid on Mortgage.
2778. Dower in Lands aliened by husband, how
estimated.

2779. When Dower may be assigned by Probate
Court.

2780. Warrant for assignment of Dower.

2781. Commissioners to be sworn, etc.; recording

assignment; Costs.

2782. When Estate consists of Mill, etc., how

Dower assigned.

2783. When Widow may occupy with heirs.
2784 to 2787. How Dower may be barred.
2788. Election in case of Jointure.

2789. Election in case of provision by Will.
2790. When Widow deemed to have elected to
take jointure, etc.

SECTION

2791. When Widow to be endowed anew.

2792. Woman being an alien, or residing out of State, to have Dower.

2793. Woman not to commit waste; to keep
houses, etc., in repair.

2794. How long Widow may remain in dwelling
house, and have sustenance.
2795. When to recover damages.
2796. Measure of damages, etc.
2797. Not estimated on improvements.
2798. Damages against heir alienating Land,
etc.

2799. Claim, when barred by assignment of
Dower.

2800. Collusive recovery not to prejudice Infant Heirs, etc.

2801. When Money may be awarded in lieu of Dower.

2802. When Dower claimed by two or more Widows, who first entitled

ESTATES BY THE CURTESY.

2803. When Husband to hold as Tenant by the Curtesy.

From Chapter Sixty-Six of Revised Statutes of 1846.

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1 Mich. Rep., 1. Dower in case of

exchange of Land. by husband.

ESTATES IN DOWER.

(2772.) SECTION 1. The widow of every deceased person shall be entitled to dower, or the use, during her natural life of one-third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof.

(2773.) SEC. 2. If a husband seized of an estate of inheritance in lands exchange them for other lands, his widow shall not have dower of both, but shall make her election to be endowed of the lands given, or of those taken in exchange; and if such

election be not evinced by the commencement of proceedings

to recover her dower of the lands given in exchange, within

one year after the death of her husband, she shall be deemed 7 Barbour, €33. to have elected to take her dower of the lands received in

exchange.

(2774.) SEC. 3. When a person seized of an estate of inheri- Mortgaged Land. tance in lands shall have executed a mortgage of such estate before marriage, his widow shall be entitled to dower out of

the lands mortgaged, as against every person except the 3 Pick., 475. mortgagee, and those claiming under him.

cure Purchase

(2775.) SEC. 4. When a husband shall purchase lands during Mortgage to socoverture, and shall at the same time mortgage his estate in Money. such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee, or those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to her dower as against all other persons.

titled to interest

Mortgage.

(2776.) SEC. 5. When, in either of the cases mentioned in when Widow enthe two last preceding sections, or in case of a mortgage in after sale on which she shall have joined with her husband, the mortgagee, or those claiming under him, shall, after the death of the husband, cause the mortgaged premises to be sold by virtue of such mortgage, and any surplus shall remain after payment of the moneys due thereon, and the costs and charges of the sale, s Pick., 475. such widow shall be entitled to the interest or income of one- 15 Mass., 278. third part of such surplus, for her life, as dower.

titled to Dower of

ducting a mount

(2777.) SEc. 6. If, in either of the cases above specified, the when Widow enheir, or other person claiming under the husband, shall pay residue after deand satisfy the mortgage, the amount so paid shall be deducted from the value of the land, and the widow shall have set out to her, for her dower in the mortgaged lands, the value of one-third of the residue after such deduction.

aliened by Hus

mated.

(2778.) Sec. 7. When a widow shall be entitled to dower out Dower in Lands of any lands which shall have been aliened by the husband in band, how estihis lifetime, and such lands shall have been enhanced in value after the alienation, such lands shall be estimated, in setting out the widow's dower, according to their value at the time 6 McLean R., 422. when they were so aliened.

be assigned by

(2779.) SEC. 8. When a widow is entitled to dower in lands when Dower may of which her husband died seized, and her right to dower is Probate Court. not disputed by the heirs or devisees, or any person claiming under them, or either of them, it may be assigned to her, in whatever counties the lands may lie, by the Judge of Probate

9 Mass., 9.

Warrant for a ssignment of Dow

er.

Commissioners to be sworn, etc.;

ment; costs.

for the county in which the estate of the husband is settled, upon application of the widow or any other person interested in the lands; notice of which application shall be given to such heirs, devisees or other persons, in such manner as the Judge of Probate shall direct.

(2780.) SEC. 9. For the purpose of assigning such dower, the Judge of Probate shall issue his warrant to three discreet and disinterested persons, authorizing and requiring them to set off the dower by metes and bounds, when it can be done without injury to the whole estate.

(2781.) SEC. 10. The Commissioners shall be sworn before a Recording Assign Judge or Justice of the Peace to the faithful discharge of thei duties, and shall, as soon as may be, set off the dower according to the command of such warrant, and make return of their doings, with an account of their charges and expenses, in writing, to the Probate Court; and the same being accepted and recorded, and an attested copy thereof recorded in the office of the Register of Deeds of the county where the lands are situated, the dower shall remain fixed and certain, unless such confirmation be set aside or reversed on appeal; and one half of the cost of such proceedings shall be paid by the widow, and the other half by the adverse party.

When Estate consists of Mill, etc.,

signed.

(2782.) SEC. 11. When the estate out of which dower is to how Dower as be assigned, consists of a mill, or other tenement which cannot be divided without damage to the whole, and in all cases where the estate cannot be divided by metes and bounds, the dower may be assigned of the rents, issues and profits thereof, to be had and received by the widow as a tenant in common with the other owners of the estate.

When Widow may occupy with heirs.

How Dower may

be barred.
7 Mass., 14.

3 Mason, 347.
8 Pick., 536.

& Greenl., 63.

(2783.) SEC. 12. When a widow is entitled to dower in the lands of which her husband died seized, she may continue to occupy the same with the children or other heirs of the deceased, or may receive one-third part of the rents, issues and profits thereof, so long as the heirs or others interested do not object, without having the dower assigned.

(2784.) SEC. 13. A married woman residing within this State, may bar her right of dower in any estate conveyed by her husband, or by his guardian, if he be under guardianship, by joining in the deed of conveyance, and acknowledging the same as prescribed in the preceding chapter, or by joining with her husband in a subsequent deed, acknowledged in like manner. (a)

(a) As Amended by Act 67, of 1849. Laws of 1849, p 61.

be barred.

(2785.) SEC. 14. A woman may also be barred of her dower How Dower may in all the lands of her husband, by a jointure settled on her with her assent before the marriage, provided such jointure consists of a freehold estate in lands for the life of the wife at least, to take effect in possession or profit immediately on the death of the husband.

(2786.) SEC. 15. Such assent shall be expressed, if the Ibid. woman be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her 2 Paige, 559. joining with her father or guardian in such conveyance.

(2787.) SEC. 16. Any pecuniary provision that shall be made Ibid. for the benefit of an intended wife, and in lieu of dower, shall,

if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

of jointure.

(2788.) SEc. 17. If any such jointure or pecuniary provision Election in case be made before marriage, and without the assent of the intended wife, or if it be made after marriage, she shall make her election after the death of her husband, whether she will take such jointure or pecuniary provision, or be endowed of the lands of her husband; but she shall not be entitled to both.

of provision by

(2789.) SEC. 18. If any lands be devised to a woman, or Election in case other provisions be made for her in the will of her husband, will. she shall make her election whether she will take the lands so devised, or the provision so made, or whether she will be 12 Pick., 146. endowed of the lands of her husband; but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator.

deemed to have

jointure, etc.

(2790.) SEC. 19. When a widow shall be entitled to an elec- When Widow tion under either of the two last preceding sections, she shall be elected, to take deemed to have elected to take such jointure, devise or other provision, unless, within one year after the death of her husband, she shall commence proceedings for the assignment or recovery of her dower.

bc endowed

(2791.) SEC. 20. If a woman is lawfully evicted of lands When Widow to assigned to her as dower, or settled upon her as jointure, or is anew. deprived of the provision made for her by will or otherwise, in lieu of dower, she may be endowed anew, in like manner as if such assignment, jointure, or other provision, had not been made.

alien, or residing

(2792.) Sec. 21. A woman being an alien, shall not on that Woman being an account be barred of her dower, and any woman residing out out of State, to of the State shall be entitled to dower of the lands of her

have dower.

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