Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-29
For the Journal.
AN ACT
Restoring to married Women their Csn.-
mon Law Right of Dover.


SECTION l. Be it enacted BIZ the General
Assembly Of the State Of NORTH Carolina, and
ii is hereby enacted by The authority Of The
same, That every married woman shall be
entitled to one-third interest Of all the
lands, tcnements and Entertainments of
which her husband is or may bo seized and
possessed at any time during coyerture-in
which third part, shall be comprehended
the dwelling house in which her husband
and family usually reside, and commonly
known and called the mansion house to-
gether with the offices, Crt-hOuses, building
and other improvements thereunto belong
ing or appertaining which third interest
shall not be subject TO seizure on execution
for the payment OF any debt Of her hus-
band during the term IF her life. P3'oui-
ded, That said interest shall not attach to
any lands that may have been bona tide con-
veyed by the husband previous to the pas
sage of this act.
Sec. >. Be Il further enacted, That no
alienation by the husband, with or with
out covenants Of warranty, under the pro-
visions Of this act, shall have any other, or
further effect, than to pass his two thirds
interest in the same P7'orideI, That upon
the wife Joining with her husband in the
deed, and acknowledging the same, accord
ing to the provisions of existing laws, be
ing privately examined touching her free
consent in the execution OF said convey
ance any Or all of said land may be sold
and conveyed, and chat the Chairman of
the Courts of Pleas and Quarter Sessions,
as to the lands located in their respective
counties, shall have the same power to con-
duct such examination as is now given by
law to the Judges Of the Supreme and Su-
perior Courts, and the certificate of such
{ 1S h.
tive counties, shall have the same force and
effect as if signed by Judge.
SEC. 8. Be ii further enacted, That in case
of the failure Or insolvency of the husband,
his creditor, or creditors having established
their claims, by obtaining judgment for the
same, may file their petition in the County
OF Superior Courts of the county in which
the defendant resides, setting forth the ma
ture and amount of their claim, and partic-
ularly specifying tho lands, tenements and
Embellishments they may desire to have sold,
and praying that the one-third interest of
the wife, in which shall be comprehended
the dwelling and out-houses as aforesaid
may be allotted and set apart to her by
proper metes and bounds; whereupon the
Court shall issue writ to the Sheriff of the
county, commanding him to summon jury
of five freehoders, unconnected with the
pal t4eo ny COuSduSulu1tJ VI dI1iA1UJ3 "AIu Oh
tirciy disinterested, who, upon oath admin
istered to them by the Sheriff, shall allot and
set off to the wife one-third part of all the
lands, in said county, Of which her husband
may be seized and possessed, and in case
such land may lie in more counties than
one, the Sheriff of the county, in which the
petition is filed, nay summon q Jury from
one or all of said counties, who shall view,
and if necessary, have surveyed all of said
lands, and shall not be restricted to each
different tract, but may allot the same from
one or more tracts, including the dwelling;
and shall put the wife in possession of the
same. And when the proceedings shall
have beech reported to the court by said jury
and the court shall have confirmed the
same, the title to the land so allotted and
set apart to the wife shall be deemed to
have vested in her by right of her mar
riage.
SEC. 4. Be it further enacted, That the
proceedings shall be in summary manner,
and the court shall at the first term hear
and determine the same as to them shall