Page:United States Statutes at Large Volume 31.djvu/551

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 499 warrant, and-make return of their doings, with an account of their charges and expenses, in writing, to the district court; and the same being confirmed by the court and recorded, and an attested copy thereof filed in the office of the commissioner of the recinct where the lands are situated, the dower shall remain fixed andp certain unless such congymatjgon bi slet aside or reversed; all costs to be apportioned in the `scre ion o the court. ' Sec. 40. When the estate or any part thereof out of which dower is w·1¤e¤_p;¤pmy can to be assigned can not be eqpitably divided by metes and bounds, the “°"’° d‘“d°°‘ dower may be assigned of the rents, issues, and profits thereof, to be had and gecleived by the widow as a tenant in common with the other owners o the estate. . Sec. 41. When a widow is entitled to dower in the lands of which wvmmy may occupy her husband died seized she may, if residing thereon, continue to with h°"s· occupy the same, and enjoy the rents, issues, and profits thereof with the children or other heirs of the deceased, or if not residin thereon may receive one-third part of the rents, issues, and pronts thereof, so lgngdas the heirsdor others interested do not object, without having t e ower assi ne. ‘ . Sec. 42. A gvoman may be barred of her dower in all the lands of Qower, new amen her husband by jointure settled on her with her assent before the by’°i“t“'°‘ marriage: Provided, Such jointure consists of a freehold estate in lanxgs, or thdemlifp of th; wgfe lat lelast, go take effect in possession o1· ro t immete on the eat o er usband. P Sec. 43. Such llssent shall be expressed, if the womar be of the Evidence or mem full age of twenty—0ne, by her becoming a party to the conveyance b t°’°“‘“"°‘ which it is settled, and if she be under that age by her joining with her father or guardian in such conveyance. Sec. 44. Any pecuniary provision that shall be made for the benefit Pecuniaryprovision of an intended wife, and in lieu of dower, shall, if assented to as pro- ° bar ‘° d°w"' vgdled ig the pgeceding section, bar her right of dower in all the lands o er usban. Sec. 45. If any such `ointure or pecuniary provision be made before Iwhep ¤vi<1¤w_m¤y marriage, and without the assent of the inten ed wife, or if it be made {°,§,°§¤d°§°X$$§_ °°mf after marriage, she shall make her election after the death of her husband whether she will take such jointure or pecuniary provision or be gndpwed of the lands of her husband, but she shall not be entitled to ot. ‘ Sec. 46. If any lands be devised to a woman, or other provision be Whendw elect beg made for her in the will of her husband, expressly in lieu of dower, ffX$$§_ °“S° an she shall make her election whether she will take the land so devised or the provision so made, or whether she will be 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. Sec. 47. When a widow shall be entitled to an election under either tgggggerggggggeemed of the two sections last preceding she shall be deemed to have elected ` to take such jointure, devise, or other provision unless within one year after the death of her husband she shall file in the district court her election in writing to relinquish her rights under the jointure, devise or rov1sion. §)EC. 48. If a woman be lawfully evicted of lands assigned to her as 0n§l`,})y$gd‘;§g:}' to be dower or settled u on her asjointure. or be deprived of the provision ` made for her by &e will or otherwise in lieu of dowe1·, she may be endowed anew in like manner as if such assignment, jointure, or other provision had not been made. . Sec. 49. A woman being an alien shall not on that account be barred u;}j{§;‘d°{$‘g’3;?§jfl°"‘ of her dower; and any woman residing out of the district shall be entitled to dower of the lands of her deceased husband lying in the district of which her husband died seized of an estate of inheritance; and the same may be assigned to her, or recovered by her, in like man-