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Rights of Married Women. The real and personal property of any female who may bereafter marry, and which she shall own at the time of marriage, and the rents, issues, and profits thereof, shall not be subject to the disposal of her husband, nor be liable for bis debts, and shall continue her sole and separate property, as it she were a single female.
Any married female may take, by inheritance, or by gift, grant, devise, or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the reifts, issues, and profits thereof, iu the same manner and wiih like effect as it she were unmarried, and the same shall not be subject to the dis. posal of her husband, nor be liable for bis debts.
Any persou who may hold, or may hereafter hold, as trustee for any married woman, any real or personal estate, or other property, under any deed of conveyance or otherwise, on the written request of such ina ried woman, accompanied by a certificate of a justice of the supreme court, that he has examined the condition and situation of the property, and made due inquiry into the capacity of such married woman to manage and control the same, may convey lo such married woman, by deed or otherwise, all or any portion of such property, or the rents, issues, or profits thereof, for her sole and separate use and bevelit.
All contracts made between persons in contemplation of marriage sliall remain in full force after such marriage takes place.
It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with bis assent, as her trustee, to cause to be insured, for her sole use, the life of her husband for any definite period, or for the term of his natural life; and in case of her surviving her husband, the sum or net amount of the insurauce becoming due and payable, by the terms of the insurance, shall be payable to her, to and for her own use, free fiom the claims of the representatives of her husband or of any of his creditors: but such exemption shall not apply where the amount of premium annually paid shall exceed three hundred dollars.
In case of the death of the wife before the decease of her husband, the amount of the insurance may be made payable, after her death, to ber children, for their use, and to their guardian if uuder age.
Every married woman, being a resident of this state, who shall receive a patent for her own juvention, pursuant tv the laws of the United States, may hold and enjoy the same, and all the proceeds, benefits, and profits thereof and of such iuvention, to her ownı separate use, free and independent of her husband and his creditors, and may transier and dispose thereof, and in every respect perform all acts in relation thereto, in the same manner as she were unmarried; but this act shall not authorize such married woman to contract any pecuniary obligations to be discharged at any future time.
Wben any deposite shall be made in any savings bank or institution, by any female. being or hereafter becoming a married woman, in her own name, it shall be lawful for the trustees or officers of such bank or institution to pay such depositor such sum or sums as may be due such female, and the receipt or acquittance of such depositor shall be a sufficient legal discharge to the said corporation therefor.
DOWER.-A widow shall be endowed with the third part of all the lands whereof her husband was seized, of an estate of inheritance, at any time during the marriage.
Rate of Interest.
THE legal rate is seven per cent. All contracts, whereby a higher rate is reserved, are void. Corporations can not set up the defence of usury.
Homestead-Exemption Law. In addition to the property now exempt by law from sale under execution, there shall be exempt by law from sale on execution for debts bereafter contracted, the lot and buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, to the value of one thousand dollars. Such exemption shall continue after the death of such householder, for the benefit of the widow and family, some or one of them continuing to occupy such homestead until the youngest child become twenty-one years of age, and until the death of the widow And no release or waiver of such exemption shall be valid unless the same shall be in writing, subscribed by such householder, and acknowledged in the same manner as conveyances of real estate are by law required to be acknowledged.
To entitle any property to such exemption, the conveyance of the same sball show that it is designed to be held as a homestead under this act, or if already purchased, or the conveyance does not show such design, a notice that the same is designed to be so held shall be executed and acknowledged by the
person owning the said property, which shall contain a full description thereof, and shall be recorded in the office of the clerk of the county in which the said property is situate, in a book to be provided for that purpose, and known as the “Homestead. Exemption Book.” But no property sliall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt contracted for the purchase thereof, or prior to the recording of the aforesaid deed or notice.
If, in the opinion of the sheriff holding an execution against such householder, the premises claimed by him or her as exempt, are worth more than one thousand dollirs, he shall summon six qnalified jurors of his county, who shall upon oath, to be administered to them by such sheriff, appraise said premises, and if, in the opinion of the jury, the property may be divided without injnry to the interests of the parties, they shall set off so much of said premises, including the dwelling house, as, in their opinion, shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such sheriff.
In case the value of the premises shall, in the opinion of the jury, be more than one thousand dollars, and can not be divided as is provided for in the last section, they shall make and sign an appraisal of the value thereof, and deliver the same t'the sheriff, who shall deliver a copy thereof to the execution debtor, or to some of his family, of suitable age to understand the nature thereof, with a notice thereof attached, that unless the execution debtor shall pay to said sheriff the surplus over and above one thousand dollars within sixty days thereafter, that such premises will be sold.
In case such surplus shall not be paid within the said sixty days, it shall be lawful for the sheriff to advertise and sell the said premises, and out of the proceeils of such sale to pay to such execution debtor the said sum of one thousand dollars, which shall be exempt from execution for one year thereafter, and apply the balance on such execution ; provided, that no sale shall be made unless a greater sum than one thousand dollars shall be bid therefor, in which case the sheriff niay return the execution for want of property.
The costs and expenses or selling off such homestead, as provided herein, shall be cbarged and included in the sheriff's bill of costs upon the said execu tion.
This act shall take effect on the first day of January, one thousand eight hun dred and fifty one.
Goshen Burlington Sykesöille
Squarenta Mt. Holly Doverfurnada
40 Philadelphi Moorests
o Toms van
Bargain I IrѕРЕЕЕНЕ.
La Fayette New Miliora
Newaret citirdsville Baskingridge Eastonof Phittipsta
PS. RAKHIN BAY
Freehola y Doylestown
Trap TRENTON Georgia Allentown
Howed Borde prown Brisus
Constitution adopted 1844–Square Miles 8,320—Population in 1850, 488,673.
Exemptions. The following articles being the property of any ono having a family is exempt from levy and sale on execution One cow; one bed and bedding; one cradle; one stove; one half cord of firewood ; one half ton of stone coal; one spinning-wheel; one table ; six chairs; one hog; one hun. dred weight of flour; one iron cooking pot; one dozen knives and forks; one dozen plates; one dozen spoons; one half dozen bowls; two pails; one barrel; ope coffeepot; one tub; one frying-pan; the necessary tools of a tradesman, not exceeding in value ten dollars; and all necessary wearing apparel.
The above exemptions apply to contracts made previous
to March 18, 1851; after that date, household goods, chattels, and tradesmen's tools, to the value of $200, and all wearing apparel, the property of any debtor having a family residing in this state. shall be reserved, as well after as before the deata of the debtor, for the use of the family against all creditors, and shall not be liable to be seized or taken hy virtue of any execution or civil process whatever, issued out of any court in this state (except the same be issued in cases of taxation) on any contract made after the passage of this act.
This act does not protect from sale under any execution or process any goods, chattels, or property, for the purchase whereof the debt or demand for which the judgment on which the execution or process was issued shall have been contracted.
If an officer can not find sufficient other property to satisfy an execution, then a judge of common pleas is to appoint three disinterested persons to appraise the goods, with. out reference to what they might bring at vendue, when, if they amount to more than $200. the debtor is allowed to select such as he may choose to this amount, and the balance to be sold. The plaintiff' must have five days notice of time and place of appraise ment.
A widow of a deceased debtor, or his administrator, may select the same amount under similar provisions.
Mechanics' Lien. ALL and every dwelling-house or other building hereafter constructed and erected within this state, shall be subject to the payment of the debt contracted for, or by reason of any work done, or materials found and provided by any person or persons employed, or furnishing materials for or in erecting and constructing such house, or other building; but if such house or other building should not sell for a sum of money sufficient to pay all the demands for work and materials over and above any prior claim on mortgage or judgment against any land owner, on the land on which such building or buildings may be erected, then the same shall be averaged, and each of the creditors paid a sum proportional to their several demands; provided, no such debt shall remain a lien on said buildings longer than two years from the commencement of the building thereof, unless the claim be filed within six months after performing the work or furnishing the materials, in the office of the clerk of the court of common pleas of the county where such building may be erected, and an action for the recovery of the same may be instituted within one year after such work done or materials found; and all claim for work and materials must be filed within one year from the time the work was done or materials furnished.
When any master-workman refuses to pay any journeyman employed by him, such journeyman shall give to the owner of the house notice of such refusal in wri. ting, and the amount due and demanded; then said owner shall be authorized to retain the amount due such journeyman, out of the amount due such master-workman, and pay the same to the journeyman. Any person who shall hereafter, by virtue of any contract with the owner, perform any lábor, or furnish materials in huilding, altering, or repairing, any building, shall have a lien for the value of such labor and materials, upon such building, and upon the lot of land on which the same stands, to