Exemption of Homesteads.

926. Finding of the Jury, Setting off Part of the Land.

WE, the undersigned jurors, summoned pursuant to the Homestead law of this State, by the sheriff of said county, who holds an execution against A. B., above named, do hereby certify, that we have examined the following described premises, situate in the town of in said county-to wit: [insert here a description of the premises], which said premises are owned by A. B. aforesaid, and are claimed by him to be exempt from sale on execution according to the act aforesaid, and that in our opinion said premises are worth* dollars, and may be divided without injury to the interests of the parties concerned therein: And we do hereby set off to the said Y. Z. the following described portion of the said premises-to wit: [describe the same], which last-mentioned piece or parcel of land, including the dwelling-house thereon, and the appurtenances belonging thereto, is, in our opinion, worth

[Date.]

dollars.

[Signatures of] Jurors.

927. Finding of the Jury Where the Property Cannot be Divided. [As in the preceding form to the*, continuing thus:] more than one thousand dollars, and cannot be divided without injuring the interests of the parties concerned therein. And we do hereby appraise the value of the said premises at dollars.

[Date and signatures as above.]

928. Notice of the Foregoing, Given by the Sheriff to the Judgment Debtor. Take notice, that the within [or, foregoing] is a copy of an appraisal this day made by the jurors therein named, duly summoned and qualified, and that unless you pay the undersigned sheriff of the county of the surplus therein named over and above $1,000 within sixty days from the date thereof, such premises will be sold by me, by virtue of an execution issued against you in favor of one Y. Z.

[Date.]

[Address.]

[Signature.

Articles of Separation.

CHAPTER XLV.

HUSBAND AND WIFE.

THE forms for MARRIAGE, and MARRIAGE SETTLEMENTS, are treated under their respective titles.

Husband and wife cannot, in general, make binding executory contracts with each other, but transactions based on such contracts are sometimes upheld in courts of equity for the protection of the parties. By the principles of the common law, a married woman cannot, as a general rule, make a valid contract of any description in relation to either real or personal property. But recent statutes adopted in many of the States have empowered married women to hold separate property and to make contracts in relation thereto, in most respects, as if unmarried. At common law, conveyances of property between husband and wife are not valid, but are sustained in equity in proper cases. But it is competent to a husband and wife to convey land to a third person, and for him to reconvey to either.

An agreement for a separation and for a separate allowance to the wife, may be made through the medium of a trustee. But such an agreement is not valid unless the separation has already taken place, or is to take place immediately. But in case of such separation, unless a separate maintenance is given her, the husband will continue to be liable for her contracts for necessaries furnished to her.

929.

THIS INDENTURE, made this

and

Articles of Separation.

day of

between A. B., of

one thousand eight hundred merchant, of the first part, and C. B. his wife of the second part, and Y. Z., of merchant, as trustee of the said C. B., of the third part: WHEREAS divers disputes and unhappy differences have arisen between the said party of the first part and his said wife, for which reason they have consented and agreed, and hereby do consent and agree, to live separate and apart from each other during their natural life: THEREFORE THIS INDENTURE WITNESSETH, that the said party of the first part, in consideration of the premises, and in pursuance thereof, does hereby covenant, promise and agree to and with the said trustee, and also to and with his said wife, that it shall and may be lawful for her, his said wife, at all times hereafter, to live separate and apart from him, and that he shall and will allow and permit her to reside and be in such place and places, and in such family and families, and with such relations, friends and other persons, and to follow and carry on such trade or business as she may from time to time choose or think fit; and that he shall not, nor will at any time, sue, or suffer her to be sued, for living separate and apart from him, or compel her to live with him; nor sue, molest, disturb or trouble any other person whomsoever, for receiving, entertaining or harboring her; and that he will not, without her consent, visit her, or knowingly enter any house or place where she shall dwell, reside or be, or send, or cause to be sent, any letter or message to her; nor shall or will at any time hereafter,

Imprisoned Debtors.

claim or demand any of her money, jewels, plate, clothing, household goods, furniture or stock in trade, which she now has in her power, custody or possession, or which she shall or may at any time hereafter have, buy or procure, or which shall be devised or given to her, or that she may otherwise acquire, and that she shall and may enjoy and absolutely dispose of the same as if she were a feme sole and unmarried; and further, that the said party of the first part shall and will well and truly pay, or cause to be paid, for and towards the better support and maintenance of his said wife [here state the provision for maintenance], which the said party of the second part does hereby agree to take in full satisfaction for her support and maintenance, and all alimony whatever. And the said trustee, in consideration of the sum of one dollar to him duly paid, does covenant and agree to and with the said party of the first part, to indemnify and bear him harmless of and from all debts of his said wife, contracted, or that may hereafter be contracted by her, or on her account; and if the said party of the first part shall be compelled to pay any such debt or debts, the said trustee hereby agrees to repay the same, on demand, to the said party of the first part, with all damage and loss that he may sustain thereby. IN WITNESS WHEREOF, the said parties have hereunto affixed their names and seals, this day of one thousand eight hundred and [Signatures and seals.]

CHAPTER XLVI.

IMPRISONED DEBTORS.

THE following forms relate to the proceedings given by statute(a) to effect assignments of the estates of imprisoned debtors, for the benefit of their creditors, or procure the discharge of a person committed for non-payment of a fine which he is unable to pay.

The forms appropriate to assignments by insolvent debtors for the purpose of effecting their discharge, are given in the chapter on INSOLVENCY.

I. PROCEEDINGS BY CREDITORS TO COMPEL ASSIGNMENTS BY DEBTORS IMPRISONED IN

Petition by Creditor for Assignment.

II. VOLUNTARY ASSIGNMENTS BY DEBTORS IMPRISONED IN CIVIL CASES.

942. Affidavit on applying for appointment of trustees of estate....... 943. Appointment of trustees....

471

471

...

941. Discharge..

III. DEBTORS CONFINED FOR CRIMES.

944. Application of a person committed for non-payment of a fine.... 471

I. PROCEEDINGS BY CREDITORS TO COMPEL ASSIGNMENTS BY DEBTORS IMPRISONED IN CIVIL CASES.

930. Petition by a Creditor of a Debtor Imprisoned on Execution.

To M. N., Judge of

of

THE PETITION of A. B., of

shows that he is a creditor of C. D.,

a debtor who has been actually imprisoned for more than sixty days in the county jail in the city of , upon an execution in civil action, and that your petitioner is apprehensive that the estate of the said debtor will be wasted or embezzled.

Wherefore, your petitioner prays that an order be made requiring the creditors of said debtor to appear before you, at a time and place to be specified, and determine whether they will unite in a petition for an assignment of the said debtor's estate.

[Date.]

[Signature.]

931. Affidavit of Creditor to Be Annexed to the Foregoing.

I. That C. D., mentioned in the annexed petition, is justly indebted to this deponent in the sum of dollars, now due, and for which a suit

might be now brought.

II. The said debtor is imprisoned in the county jail, in the county of , and has been so imprisoned for more than sixty days under an execution against him in some civil action; and that this deponent is apprehensive that the estate of the said debtor will be wasted or embezzled. SWORN [etc., as in Form 858].

[Signature.]

932. Order for Creditors to Appear.

Before M. N., Judge of

In the Matter of the Petition of A. B.,

respecting the estate of a debtor

imprisoned on execution.

On reading the petition and affidavit of A. B., dated the ORDERED, that the creditors of C. D., a debtor, now imprisoned in

day of

whether they will unite in a petition for an assignment of such debtor's estate.

[Date.]

[Signature and title of judge.]

933. Notice to Creditors, to be Annexed to the Foregoing Order. Take notice, that above [or, within] is a copy of an order this day made by Hon. M. N., county judge.

[Date.]

COUNTY OF

[Signature of petitioning creditor or his attorney.]

934. Affidavit by Creditor Who Unites in the Petition.

E. F., of

I. That C. D., of said city, is a debtor who has been actually imprisoned for more than sixty days in the

county jail, upon execution in some civil action; and that deponent is apprehensive that the estate of such debtor will be wasted or embezzled.

II. That he is justly indebted to this deponent in the sum of now due, and upon which an action might now be brought.

III. That the sum of

dollars,

dollars above specified was due from the said debtor, at the time of granting the order for publication of notice to creditors to appear and determine whether they would unite in a petition for an assignment of the said debtor's estate. [Date.]

[Signature.]

935. Order That an Assignment be Made.

WHEREAS it appears to me that the creditors of C. D., residing within the United States, having debts due to them, amounting to two-thirds of all the debts owing by said C. D., a debtor, who is imprisoned in the county jail, and has been so imprisoned for more than sixty days under an execution against him in a civil action, which creditors reside within the United States, have petitioned in the manner directed by the statute concerning "Proceedings by creditors, to compel assignments by debtors imprisoned on execution in civil cases," for an assignment of the estate of said C. D., and no good cause to the contrary appears, I hereby ORDER and direct the said C. D., on or before the day of instant [or, forthwith] to deliver an account of his creditors and an inventory of his estate to me, upon oath, and to execute an assignment of his estate, or that he show cause why an assignment should not be made by me. [Signature of] Judge.

[Date.]