SEC. 10. Such proceedings of the said Justices shall be examinable in a summary way by the Courts of Common Pleas of the respective Counties in which such lands or premises lie, which Courts are empowered to order restitution to be made to such tenant, together with his or her expenses and costs, to be paid by the lessor or landlord, if they shall see cause, for the same; and in case they shall affirm the act of the said Justices, to award costs, not exceeding twenty-five dollars, for the frivolous appeal. SEC. 11. All tenants, whether for life or years, by sufferance or at will, or persons coming in under or by collusion with them, who shall hold over after the legal determination of their estates, after demand made in writing for delivering possession thereof by the person having the reversion or remainder therein, or his agent, such tenant or other person holding over for the space of three months after such demand shall forfeit double the value of the use of the premises, recoverable by action. Ejectment of ser 1866, XIII, 416, § 1. SEC. 12. That when any person or persons have gone, or shall land or tenements of another, domestic tenants at will, hereafter go, into possession of any either as a tenant at will, or under a contract to serve another, vant, &c. either as a domestic servant or common laborer, or otherwise, and shall refuse or neglect to quit the premises, so occupied, when required by the person letting the same, or upon the termination of the contract, either by its own limitation or from any other cause, it shall be lawful for the person letting the premises to apply to any Trial Justice, whose duty it shall be to have a notice served upon the person or persons so refusing to quit, to show cause before him, at the expiration of ten days from the personal service of such notice, why he should not be ejected, and if no sufficient cause be then shown, it shall be the duty of the Trial Justice forthwith to issue his warrant, directed to the Sheriff or any Constable, requiring him, without delay, to eject such person or persons from the premises so let, and authorizing him to use such force as may be necessary. SEC. 13. In case any tenant shall give notice in writing, of his intention to quit the premises rented by him, and shall not accordingly deliver up the possession at the time in such notice contained, the said tenant, his executors or administrators, shall pay to the landlord double the rent which he would otherwise have been liable to pay: Provided, nevertheless, That nothing herein contained shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice, in any other manner than according to the laws of force at the time of giving the same. SEC. 14. It shall not be lawful for any tenant to make alterations Tenant not allowed to make alterations. 1817, VI. 68. 28; 23. or remove buildings erected upon the leased premises, without permission first had in writing, under pain of forfeiting the residue of 1839, XI, 31, the unexpired term of said lease or agreement, parol or written; which said forfeiture shall be ascertained by a Trial Justice, with the jurors to be drawn in the same manner as is prescribed by Section 25 of Chapter XXV of this Act, and with like powers where the landlord is to be placed in possession. Distress abol ished. SEC. 15. Distress for non-payment of rent, as heretofore existing, 1868, XIV, 106, is abolished. 220. Assessment of damages trespass waste. for 1722, VII, 177, @ 2. SEC. 16. In case any action shall be brought for a trespass or or waste committed in the plaintiff's land or tenements, the Judge of the Court having jurisdiction of such action shall have power to appoint one or more sufficient persons to view the said trespass or waste, if need be, who shall return an account thereof on oath, at the next Court, and the true value of the damages occasioned by such trespass and waste, and the same shall be allowed as evidence, if the Court shall see fit; any law, custom or usage to the contrary thereof in anywise notwithstanding. Lands in dispute, surveyors Ib. SEC. 17. If any cause be depending in the Circuit Courts or to be appointed. Within the jurisdiction of the same, wherein the titles or boundaries of lands or plantations shall be brought into dispute, the Judge of the said Court shall appoint surveyors, at the nomination of the parties, to survey the same at the charge of the said parties, and to return such survey on oath, at the next sitting of the said Court. SEC. 18. In case either of the parties shall refuse to nominate a if parties refuse, surveyor duly sworn and qualified, then the said Court shall proceed to nominate two or more such surveyors as they shall think fit, in order for the better finding out and discovering the truth of the said matter in difference, and, if the Court shall acquiesce in the return of the surveyors so given in on oath, as aforesaid, the same shall be allowed as evidence. Court to nominate surveyors Ib. Who may become denizens: property, &c., as Right of Denizens to Hold Real Property. SEC. 19. That all persons, not naturalized, (alien enemies and how may hold fugitives from justice excepted,) who now are, or hereafter shall citizens. become, residents in this State, shall, on taking and subscribing the 1799, V. 355,1; oath or affirmation of allegiance before one of the Judges of the Court of Common Pleas, be deemed denizens, so as to enable such persons to purchase and hold real property within this State, and in all other respects to entitle such person to the like protection from the laws of this State as citizens are entitled to. 1 Strob. Eq., 293. Warranty by Tenant for Life. Void. SEC. 20. That all warranties which shall be made by any tenant 4 Ann.c.16, 1712, for life, of any lands, tenements, or hereditaments, the same de- 11, 437, 21. scending or coming to any person in reversion or remainder, shall be void and of none effect. Collateral warranties SEC. 21. All collateral warranties, which shall be made of any lands, tenements or hereditaments, by any ancestor who has no against heir estate of inheritance in possession in the same, shall be void against his heir. Ib. void Easements. town. SEC. 22. That every person who shall erect, in a city or town, any Party walls in building with brick, shall have liberty to set half his partition wall in his next neighbor's ground, provided he leave a toothing in the corner of such wall for his neighbor to adjoin unto. Each owner to pay half ex SEC. 23. When the owner of such adjoining land shall build, he shall pay for one-half of the said partition wall, so far as he makes perse. use of the same. Ib. Primogeniture. 1:91, V, 162, § 1. SEC. portions advanced by intestate to 8. Property not mentioned in will. SEC. 10. Provision for widows of intestates to be in lieu of dower. 11. Forfeiture of estate of a woman consenting to an unlawful marriage contract. SECTION 1. That the right of primogeniture be, and the same is 2 Ricb. Eq., 412: hereby, abolished. property. Ib. Distribution of SEC. 2. That when any person possessed of, interested in, or entitled to a real estate in his or her own right in fee simple, shall die 441; without disposing thereof by will, the same shall be distributed in the following manner: (Note 5, 11,744.) When intestate leaves widow and children. Ib. When there are iineal de Fendants. Ib., 3, 4. 1851, XII, 80, 31. 1. If the intestate shall leave a widow and one or more children, the widow shall take one-third of the said estate, and the remainder shall be divided between the children, if more than one, but if only one, the remainder of the estate shall be vested in that one absolutely forever. 2. If the intestate shall leave no lineal descendants, but shall leave a widow, and a father or mother, and brothers and sisters, or brother or sister, of the whole blood, the estate, real and personal, 2 Mec. Ch., 354. of such intestate, shall be distributed in the following manner, that is to say: The widow shall be entitled to one moiety of the said estate, and the other moiety shall be equally divided amongst the father, or, if he be dead, the mother and the brothers and sisters of the whole blood. The children of a deceased brother or sister shall take among them respectively the share which their respective ancestors would have been entitled to had they survived the intestate: Provided, That there be no representations admitted among collaterals after brothers' and sisters' children. Proviso. 22 & 23. C. 2,6. 10: 1712, II, 524, $7; 2 Bay, 293; Dudley's 212. Eq., Where there are neither wife, eal descendants. V, 305. 2 1. 4 3. If the intestate shall leave neither wife, child or children, or children or lin- lineal descendant, but shall leave a father or mother, and brothers 1.J. 2, c. 17, 1712, and sisters, or brother and sister, or brother, or sister, one or more, 11, 580, 1797, the estate, real and personal, of such intestate shall be equally 40; divided amongst the father, or, if he be dead, the mother and such 2 McC. Ch., 403. brothers and sisters as mny be living at the time of the death of such intestate, so that such father or mother, as the case may be, and each brother and sister so left living by the intestate, shall each take an equal share of his estate, real and personal. 1 M. C., 161, 456; Brothers, &c., to be of the whole blood. 4. The brothers and sisters mentioned in the preceding sub-division shall be taken and understood, and they are hereby declared to 1851, XII,81, § 2. be, brothers and sisters of the whole blood. 5. If the intestate shall leave no lineal descendant, father, mother, When there are brother or sister of the whole blood, but shall leave a widow, and a nether lineal descendants, pa- brother or sister of the half blood, and a child or children of a rents, or brother or sister of whole blood. 5 Rich. Eq., 509. brother or sister of the whole blood, the widow shall take one moiety of the estate, and the other moiety shall be equally divided between 1791, v. 162,§ 1. the brothers and sisters of the half blood and the children of the brothers and sisters of the whole blood; the children of every deceased brother or sister of the whole blood taking among them a share equal to the share of a brother or sister of the half blood. But if there be no brother or sister of the half blood, then a moiety of the estate shall descend to the child or children of the deceased brother or sister; and if there be no child of a deceased brother or sister of the whole blood, then the said moiety shall descend to the brothers and sisters of the half blood. When widow takes one moiety 6. If the intestate shall leave no lineal descendant, father, mother, brother or sister of the whole blood, or their children, or brother or and ancestor ansister of the half blood, then the widow shall take one moiety, and the lineal ancestor or ancestors, if any there be, the other moiety. other. Ib., 163. When widow takes two-thirds; residue. 7. If the intestate shall leave no lineal descendant, father, mother, brother or sister of the whole blood, or their children, or brother or disposition sister of the half blood, or lineal ancestor, then the widow shall take two-thirds of the estate, and the remainder shall descend to the next of kin. 8. If the intestate shall leave no widow, the provision made for her shall go as the rest of his estate is directed to be distributed in the respective clauses in which the widow is provided for. 9. In reckoning the degrees of kindred, the computation shall begin with the intestate, and be continued up to the common ancestor, and thence down to the person claiming kindred, inclusively, each step inclusively being reckoned as one degree. Ib. ΟΙ If there be no widow. lb. Degrees, how reckoned. Ib. Husband of 10. On the death of any married woman intestate, the husband intestate feme Ib. con., Art. 14, ¿ shall be entitled to the same share of her real estate as is herein covert to receive same share as given to the widow out of the estate of the husband, and the re- widow. mainder of her real estate shall be distributed among her descendants and relations, in the same manner as is heretofore directed in case of the intestacy of a married man. 8. 3 Des. Eq., 135. 11. If the intestate shall leave no husband, the provision herein where married made for him shall go as the rest of her estate is directed to be distributed in the preceding clauses. woman leaves When husband the whole of the or wife inherits other's estate. 1797, V, 49, 14 12. If any married person shall die without leaving a lineal descendant, father, mother, brother or sister, of the whole blood, or their children, or brother or sister of the half blood, or lineal ancestor or next of kin, then the wife shall inherit from the hus- 1826, VI, 284, (7 band, and the husband from the wife, the whole of the real and personal estate the other died possessed of, was interested in, or entitled unto. 1, 2. |