The Republican journal., 1876-03-16
1875
Chapter Il3.

D2 u fihAtfib 0y He ceaIe ana f10USe J hrUeSento-
hpes IN Legislature assembled, as follows:
SECTION l. Section five of chapter sixty-one Of the
ed statutes, is amended Ivy adding the end of the first
G1e after the word "equty," th= following either of
Dr CO tact in her name, without the jirder Of
her husband AMI in the second line, after the word
"prope tY, the followng and personal rights for
tie redress Of her injuries and in the third line by ad
dng the f,llowng and the husband shall not settle or
ischarge any such action of action without the
written consent of the Wife tn said section amend
ed shall read as follows:
SEC, 5. She may prosecute and defend suits at law
equity, either of tort contract, in her own nau
without the oinder of her husband for the
| protection of her property and personal rights
The redress Of her injuries if unmarried or may do it
Gnty with her husband, and the husband shall settle
discharge any SUCH action of action without
the written consent Of the wife Neither of them be
asted on such writ or execution nor can he alone main
tain an action respecting his wfe's property.
SEC. 2. This act sha not apply to pend
ing. (Approyed February 2l, 1860
Chapter lie.
|M ACT to amend chapter thirty of the Public
Laws of eighteen hundred seventy two relating fore
closure Of mortgages real estate.
Be enacted by the Senate and House Of Representa-
tres IN Legislature assembled, as follows:
Caapter hiry-even of the public laws of eighteen hun
del seventytwo is hereby amended by adding thereto
4 following words and shall apply each and ~ the
modes prescribed by statute for the foreclosure Of r
CAGES on real estate, that section sin mentioned III al
chapter, sha read follows:
SECTION s. The mortgagor or person claiming u!d
him may redeem the mortgaged premises within three
years next after the first publication the Sc Wee OF the
notice mentioned in the preceding section, and if
med his right o. redemption shall be forever focosed
Provided the m0rtgagor and mortgage may agree upon
less time, not less than year, ia which mort gage
|a be forever forecosed, which agreement shall be in
serted in the mortgage and be binding the parties ii
heirs and assigns and shall apply to each and all the
modes prescribed by statute for the foreclosure
.ases on real estate' 0pproyed Feb 2l 1876
CAanpssr ia.
[N ACT to abolish the Death Penalty and to regu te the
manner of Applying for Parlons il cert il cases.
Be i enacted By the Senate and House of Representa-.
10es IN Legislature assembled, as follows:
Section l. The penalty Of death, punishment for
fale, is hereby abolished.
SEC. ,. All crimes now punishable with death shall
.Teatter be punished by imprisonment at hard labor
SEC j. Whenever any person who has been s.ntsnced
m!e the second section Of this Shall desire to obtain
pardon Communication of such sentence he may pre-
t written request to the justices Of the supreme Judi
court in term time vacaon asking that application
sreor be made to the governor his behalf and shall
rein set forth, specifically, the grounds which such
rPlcaon for pardon or communication OF sentence is
sed and the facts which he expects prove support
the same together with the names aCd residences of
witnesses by whom he expects prove such facts and
h such request he shall present the aiI wits of such
aesse5, and copy Of all the evidence taken a. tbs trial
which he convicted, which evidence shall be taken
preserved as provided in section seven, chapter one
fun'red and thirty five, Of tie revised statutes.
Sec T. Ii upon examination Of said request and the
thavts Herewith presented said justices shall BE OF the
ihnlon that new and material evidence has been dis
bNered which known, aud could not by the use
due diligence, have been obtained the time Of the
fa and which would tend conciusjV ly to SHOW his in
Yence, Notwithstanding the evidence at The trial
Yey shall appoint time ana place for hearing thereon
order notice to he given to the torucv general ana to
fecounty attorney of the county i'll which such person
fas convicted, that they may appear in behalf of the
vAte.
iSsc. 5. At such hearing evidence sha! be deemed
Htinen except such has been discovered since the
n and such relates to material facts tending to show
such person was wrongtuy erroneously convicted,
that he is innocent.
SEc. 6. r. upon ali the evidence, said justices shall be
the opinion that such person wronsf fully convicted
that he is innoct of the crime of which he was con-
1Hed and that application should be made for his
on or for Communication of his Sentence they shall
aer, and t2reupn the clerk of said for the dis
1t III which such hearing is had shall make UP record
the proceedings hal such request, AMI transmit
ny thereof aud of al! the papers i'll the case, to the gov
or together with application to the governor made
" nm in behalf of such person under the order and d
liau of sail lscas