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buiiding the same, wae — dollars ; and that the proper proportion of said value, to be paid by the said C. D. to the said A. B., is dollars : And we also certify, that the fees for our service amount to dollars. Given under our hands, this
in the year 18 E. F. 7 Fence. G. II. | Viewers
OPON VCARING DISPUTE BETWEEN OWNERS
County, Town of — WHEREAS, A. B. and C. D. are the owners of certain lands ad. joining, in the said town of and a dispute has arisen between them, concerning the respective proportions of a division fence to be maintained (or, made,] by them: Now, therefore, we, the un. dersigned, Fence-Viewers of the said town, do hereby certify, that upon the application of the said parties, we proceeded to examine the premises and hear the allegations of the said parties; and that we do determine that said division fence be built as follows, to wit: (give description ;] that one third part of said fence is the proper proportion thereof to be built by the said A. B.; and that the remaining two thirds is the proper proportion thereof to be built by the said C. D. : And we also certify, that our fees for our service amount to dollars.
Given, &c., (as in Certificate of Value of Fence built by an ad jurning owner.)
Certificate of Damages
WHERE DIVISION FENCE IS OUT OF REPAIR.
COUNTY Town of We, the undersigned, two of the Fence-Viewers of said town, do gereby certisy, that upon the application of A. B., the owner of land adjoining the land of C. D. in said town, to ascertain and ap, praiso certain damages alleged to have been incurred by the said A. B., in consequence of the neglect (or refusal) of the said C. D. to make for maintain bis proportion of a division fence between the aforesaid lands, we proceeded examine the premises ; and, after due inquiry and examination by us macie, we do deter mine that the said A. B. has sustained damages to his land, crops fruit trees, and shrubbery, (add“ fixtures," if necessary,] in conse quence of the neglect (or refusal] of the said C. D. to make (or maintainl his proportion of such division fence as aforesaid
which said damages we have ascertained and do appraise at -doilars.
Given, &c., (as in Certificate of Value of Fence built by an ad joining owner.]
Notice and Certificate of Consent.
TO REMOVE DIVISION FENCE.
To Mr. A. B.:
Take notice, that I shall make application to E. F. and G. I, two of the Fence-Viewers of the town of
on the uext, for permission to remove the division fence botween the land occupied by you in said town, and that owned and occupied by me, lying adjacent thereto.
C. D. Dated the
18- County, Town of
WE, the undersigned, two of the Fence-Viewers of said town, do Dereby certify, that upon the application of C. D., made in accordince with a notice, of which the above is a copy, duly served upon A. B., therein mentioned, more than ten days before this day, we nave examined the premises where the division fence named in said notice is situate, and do determine, that the same may, with propriety, be romoved.
Given, &o., (as in Certificate of Value of Fence by an adjoining owner.)
In law, both males and females are infants, or minors, till they arrive at the age of twenty-one years. In the Statos of Vermont and Ohio, females are legally of age at eighteen.
No minor can bind him or herself by contract for anything except necessaries—such as food, clothing, or education. If he or she con. tracts for other than necessaries, on attaining his or her majority, he contract is void or yoidable at his or her option.
Minors can do no act to the injury of their property. In caso one should do so, he or she may repudiate or rescind it on arriving
A minor whose parents may have released his claim for his or her labor, or the wages arising therefroin, is not thereby enabled to enter into contracts which he or she may not at any time annul ; nor bas a parent or guardian power to compel him or her to make any contract wbich he or she is not disposed to enter into.
Every contract made by a minor which is to his or her injury is void; but a contract which is clearly to his or her benefit is good ; and any contract that is uncertain, whether injurious or beneficial, is voidable or not, as he or she may choose.
A contract for necessaries is binding on a minor when he or she bocomes of age, and may be recovered in a suit of law : but in order to recover the sun due for thein, it must be showu that the articles were really necessary for hin or her under the circuin. stances and condition in which he or she wis placed when they were furnished. The real circunstances of the minor must be considered, and not his apparent condition.
Necessaries for a minor's wife and children, or for either, aro necessaries for him.
If a minor obtain goods on the pretonce that he or she is of age And then refuse payment on the ground that he or she is, or was not then of age, the creditor cannot recover the value of the goods, but he can have the minor so guilty punished for fraud.
A parent is not bound by the contract of his son, even for ne cessaries, unless an actual authority can be shown, or the circumstances be sufficient to imply such authority. What circumstilnces are sufficient to imply an arıthority must always bo a question to doterimine in each particular case,
The safest rule iu all such instances, lowever, is to always demand a written order or au. thority.
A father is liable for necessaries furnished to his minor children, but they must be strictly neco-svies--such as the father is in duty bound to supply, but has failed to provide. In all such cases tho Bums due therefyr may be recovered.
If a minor be co axod, cajolod, or forced into an unwilling mar riage or other contract, be or she may repudiate the same on becoming of age.
Wheu a ininor executes a contract, and pays money, or dolivere property on the same, ho cannot afterward disaffirm such contract and recover the monoy or property, unless he restores to the othor party the considoration received from him for such money or property.
Every married woman is entitled by law to a ono third interest in all real property that may be left by her husband. This prop. erty is only for her use and benefit daring life. She can neither bell nor give it away; at her death it descends to the children, if any; if not, then to her husband's nearest relations. This third interest is termed her dower.
An interest on the part of a testator that his bequest to his wife shall be in lieu of her dower, must be so expressed, or must appear es satisfactorily as if it were espressed, or she will be still entitled to her dower.
A widow who, as administratrix of the estate of her late husband, conveys such property, in whole or in part, to another, and gives a deed of warranty for the same, cannot afterward claim her dower, or any part thereof, from such property; the deed being good to the holder she is effectually barred from all interest in it hereafter,
A widow's third-internst is in the lands, and not on the crops oor any part thereof that may be growing on the lands at the time of her husband's decease. The crops so growing at that time descend to the heir, and if the widow makes use of what she mistakingly considers her one third share, she is liable to the heir for their full value.
A widow's claim for dower of real estate is not subject to a sot off for damages, nor for moneys due by her, por for the receipt by her of rents and profits of the whole of the lands in which sho claims dower. ller claim to the land is as good as would be the right of the heir in such a cilse.
A married woman, in signing away property, with and at the request of her husband, may, if she so pleases, refuse to sigo away her right to dower in such property.
If a married woman be constrained from fear of, or by throats of violence on the part of, her husband, to sign off her right to dower in any property, she may, on a comulaint before a judge of any court in the county where such property is situate, cause the dood so signed by her to be rendered void and of no effect.
No court will interposo to curry into effect au inportant gift by a husband to his wife, except upon clear evidence that the hug. band understood the effect of his act.
When a man agrees, before marriage, to relinquish al right and title to his wife's property during her lifetime, and in case he should survive her, the wife may will the property to whom she pleases.
Deposits of money, in bank, by a husband, in the name of his wife, survives to the wife.
Distribution of Personal Estates. The statute of distributions in case of intestacy is as follows:
Where the deceased shall have died intestate, the surplus of his personal estate remaining after payment of debts; and where the deceased left a will, the surplus remaining after the payment of debts and legacies if not bequeathed, shall be distributed to the widow, children, or next of kin of the deceased, in the manner following:
1. One third part thereof to the widow, and all the residue by equal portions among the children and such persons as legally represent such children, if any of them shall have died before the deceased.
2. If there be no children, nor any legal representative of them, then one moiety (that is one half) of the whole surplus shall be allotted to the widow, and the other moiety shall be dis. tributed to the next of kin of the deceased entitled under the provisions of this section.
3. If the deceased leaves a widow, and no descendant, parent, brother or sister, nephew, or niece, the widow shall be entitled to the whole surpluz; but if there be a brother or sister, nephew or niece, and no descendant or parent, the widow shall be entitled to a moiety of the surplus, as above provided, and to the whole of the residiue where it does not exceed two thousand dol. lars ; if the residue exceed that sum, she shall receive, in addition to her moiety, two thousand dollars, and the remainder shall be distributed to the brothers and sisters, and their representatives.
4. If there be no widow, then the whole surplus shall be distributed equally to and among the children and such as legally represent them.
5. In case there be no widow and no children, and nc representatives of a child, then the whole surplus shall be distributed to the next of kin, in equal degree to the deceased, and the legal representatives.
6. If the deceased shall leave no children, and no representatives of them, and no father, and shall leave a widow and a mo