After redemp tion, not to be manner as if the estate had been taken on an execution against the deceased in his lifetime. SECT. 55. If any real estate of a deceased person taken on execution taken for other as provided in section fifty-three, is redeemed by his heir or devisee, or by the assigns of either of them, as provided in the preceding section, the same estate shall not be again taken on execution for any other debts of the deceased, nor be in any way liable therefor. debts of deceased. R. S. 73, §51. 3 Mass. 542. Land may be taken on execu executor, &c. SECT. 56. When an executor or administrator recovers judgment in tion in favor of right of his testator or intestate, the execution may be levied on the land of the debtor; and in such case the executor or administrator shall be seised of the estate set off to him, upon the trusts in that behalf expressed in chapter ninety-six. R. S. 73, § 52. Dower in lands taken on execution. R. S. 73, § 53. Executions in favor of state, how served. SECT. 57. Every widow shall be entitled to her dower in lands taken by execution from her husband, or by execution upon a judgment against his executor or administrator, in like manner as if the same had been conveyed by the husband in his lifetime without release of dower by her. SECT. 58. When land is taken to satisfy an execution in favor of the commonwealth, it shall not be appraised and set off, but shall be sold by R. S. 73, § 55. public auction in like manner as the right to redeem mortgaged lands is sold; and the officer who serves the execution shall proceed in all respects in the manner prescribed for the sale of such right of redemption. Redemption of lands so taken. R. S. 73, § 56. SECT. 59. All lands sold by force of the preceding section may be redeemed within one year, in like manner and upon the same terms as are prescribed in the case of a sale on execution of the right of redeeming mortgaged lands. Estates of homestead to value of $800 exempt from levy on execution, sale, &c. 1857, 298, § 1. how acquired. 1857, 298, §3. SECTION 1. Every householder having a family shall be entitled to an estate of homestead, to the extent in value of eight hundred dollars, in the farm or lot of land and buildings thereon owned, or rightly possessed by lease or otherwise, and occupied by him as a residence, and such homestead and all right and title therein shall be exempt from attachment, levy on execution, sale for the payment of his debts or other purposes, and from the laws of conveyance, descent, and devise, except as hereinafter provided. SECT. 2. To constitute such estate of homestead and to entitle property to such exemption, it shall be set forth in the deed of conveyance CHAP. 104.] HOMESTEADS. 26. N. 50 Sept. 55. by which the property is acquired, that it is designed to be held as a homestead; or after the title has been acquired such design shall be declared by writing duly signed, sealed, acknowledged, and recorded, in the registry of deeds for the county or district where the property is situated. But the acquisition of a new estate of homestead in either of said modes, shall operate to defeat and discharge any estate or right of homestead previously existing. 525 11alley 37 mer laws saved. 1857, 298, §§ 1, 13 Gray, 21. SECT. 3. All existing estates or rights of homestead which have been Rights of homeacquired under any law heretofore in force, shall continue to be held stead under forand enjoyed notwithstanding the repeal of such law; and the preceding 1851, 340. section shall not require the design so to hold the same to be declared 1855, 238. and recorded anew. But no person shall hold exempted as a home- 18. stead, property to the value of more than eight hundred dollars. SECT. 4. Property which is subject to a mortgage executed before Mortgaged an estate or right of homestead was acquired therein, or executed after- property subject to rights of wards and containing a release thereof, shall be subject to any estate or homestead, exright of homestead provided for in this chapter, except against the cept, &c. mortgagee and those claiming under him, in the same manner as if the property were unencumbered: provided, that when in such case a party becoming the owner of the residue above an estate of homestead and a mortgagee, redeems the mortgage, he shall not be allowed to set up the same against the owner of the estate of homestead, his widow, heirs, or assigns, unless such owner of the estate of homestead, his widow, heirs, or assigns, offer to redeem such residue in case of set-off or sale on execution. exempt from levy for taxes, ground rent,&c. SECT. 5. No property shall by virtue of this chapter be exempt from Homestead levy for taxes, or for a debt contracted for the purchase thereof, or for property not a debt contracted before the deed or writing required by section two is recorded, or before the rights of homestead mentioned in section three were acquired; nor shall buildings on land not owned by the householder be exempt from sale or levy for the ground rent of the lot of land whereon they stand. ed. SECT. 6. Such estates and rights of homestead shall not defeat or Previous liens, otherwise affect any mortgage, or other encumbrance, or lien, previously &c., not defeatexisting by virtue of any deed, attachment, policy of insurance, or 1857, 298, § 5. otherwise. conveyed and SECT. 7. The property in which an estate or right of homestead Homestead and exists may be conveyed or released by a deed duly acknowledged and rights may be recorded, in which the wife of the householder, or her guardian under a released. license from the probate court if she is insane, joins for the purpose of 1857,208,851,7, releasing the right of homestead, in the same manner as she may join $8; Ch. 108, in releasing dower.. SECT. 8. No conveyance of property in which an estate or right of homestead exists, and no release or waiver thereof, shall operate to convey that part so held and exempted, or to defeat the right of the owner or his wife and children to have a homestead therein, except by deed acknowledged and recorded, in which the wife of the owner, if he has any, joins for the purpose of releasing the same in the manner in which she may release her dower, or unless the same is released as provided in chapter one hundred and eight. But any deed duly executed without such release, shall be valid to pass according to the terms of the instrument any title or interest in the property beyond the estate or right of homestead and the wife's right of dower. See Ch. 90, §§ 19, 20. Same subject. 6, 7, 10, 12. 2 See Ch. 90, § 8. ject to home stead. SECT. 9. When an estate or right of homestead exists in property in Partition of which other parties have an interest, the party entitled to the home- property substead, or any other party interested, may upon petition have partition thereof like tenants in common. SECT. 10. When the property of a debtor is assigned under the laws in relation to insolvent debtors, and such debtor claims, and it appears 1857, 298, § 14. Homestead es tate may be set 11allen 145 owner. off, in case of to the court wherein the proceedings in insolvency are pending, that he Homestead to continue after death of house holder, for ben- efit of widow dren. 1857, 298, § 2. may be set off as dower. SECT. 11. If a judgment creditor requires an execution to be levied on property claimed by the debtor to be exempt from levy as a homestead, and the officer holding such execution is of opinion that the premises are of greater value than eight hundred dollars, appraisers shall be appointed to appraise the property in the manner provided by law for the levy of executions on real estate. If in their judgment the premises are of greater value than eight hundred dollars, they shall set off to the judgment debtor so much of the premises, including the dwelling-house in whole or in part, as shall appear to them to be of the value of eight hundred dollars; and the residue of the property shall be levied upon and disposed of in like manner as real estate not exempt from levy on execution: provided, that if the property is subject to a mortgage, it may be set off or sold subject to the mortgage and the estate of homestead, in like manner as land subject to mortgage. of SECT. 12. The estate or right of homestead of any householder, existing at his death, shall continue for the benefit of his widow and minor children, and be held and enjoyed by them, if some one of them occupies the premises, until the youngest child is twenty-one years age, and until the marriage or death of the widow, and shall upon the death of such householder be limited to that period. But all the right, title, and interest of the deceased in the premises in which such estate or right exists, except the estate of homestead thus continued, shall be subject to the laws relating to devise, descent, dower, and sale for payment of debts against the estate of the deceased. SECT. 13. When a widow or minor children are entitled to an in same manner estate or right of homestead as provided in the preceding section, the same may be set off to the parties entitled thereto in the same manner as dower may be set off to a widow. 1857, 298, § 14. Rights of wid SECT. 14. The widow, and the guardian of the minor children, ow and children when he has obtained a license therefor from the probate court as in the case of sales of real estate of minors, may join in a sale of such may be sold. 11 allen 194 estate of homestead; or, if there is no widow entitled to such rights therein, the guardian upon such license may make sale thereof; and the widow may make such sale if there are no minor children. The purchaser shall have the right to enjoy and possess the premises for the full time that the widow and children or either of them might have continued to hold and enjoy the same if no sale had been made. The probate court may apportion the proceeds of the sale among the parties entitled thereto. Confirmation of 1857, 298, §§ 7, 13. SECT. 15. The conveyances and titles confirmed and established by the seventh and thirteenth sections of chapter two hundred and ninetyeight of the acts of eighteen hundred and fifty-seven, shall not be impaired or affected by the repeal of that act. SECTION 1. No action shall be brought in any of the following cases, that is to say: First. To charge an executor, administrator, or assignee under any insolvent law of this commonwealth, upon a special promise to answer damages out of his own estate: Second. To charge a person upon a special promise to answer for the debt, default, or misdoings of another: Third. Upon an agreement made upon consideration of marriage: Fourth. Upon a contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them: or Fifth. Upon an agreement that is not to be performed within one year from the making thereof: Unless the promise, contract, or agreement, upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized. R. S. 74, § 2. 5 Mass. 122. SECT. 2. The consideration of such promise, contract, or agreement, Consideration need not be set forth or expressed in the writing signed by the party to not in writing. be charged therewith, but may be proved by any other legal evidence. Cranch, 142. SECT. 3. No promise for the payment of any debt made by an insol- 17&A 595. vent debtor who has obtained his discharge from said debt under pro- New promise ceedings in bankruptcy or insolvency, shall be evidence of a new or charged in inby debtor discontinuing contract, whereby to deprive a party of the benefit of relying solvency, &c., upon such discharge in bar of the recovery of a judgment upon such to be in writing, debt, unless such promise is made by or contained in some writing 1856, 18, §§ 1, 2. signed by the party sought to be charged, or by some person thereunto by him lawfully authorized: but this section shall not apply to such promise made prior to the fifteenth day of March in the year eighteen hundred and fifty-six. 7 Gray, 400. of another's less in writing. SECT. 4. No action shall be brought to charge a person upon or by No action on reason of any representation or assurance made concerning the character, representation conduct, credit, ability, trade, or dealings, of any other person, unless credit, &c., unsuch representation or assurance is made in writing and signed by the R. S. 74, $3. party to be charged thereby, or by some person thereunto by him law- 6 Met. 246. fully authorized. SECT. 5. No contract for the sale of goods, wares, or merchandise, for the price of fifty dollars or more, shall be good or valid, unless the purchaser accepts and receives part of the goods so sold, or gives something in earnest to bind the bargain, or in part payment; or unless some on contract value of $50, R. S. 74, § 4. 387 326 363 11 aller 1 Met. 283. 21 Pick. 205,384. note or memorandum in writing of the bargain is made and signed by 3 Met. 365, 486. the party to be charged thereby, or by some person thereunto by him lawfully authorized. 9 Met. 177. Contracts for of certain less vendor is owner, &c. 13 Met. 453. 4 Cush. 497. 9 Cush. 116. 3 Gray, 331. 7 Gray, 557. SECT. 6. Every contract, written or oral, for the sale or transfer of a certificate or other evidence of debt due from the United States, or a stocks void, un- separate state, or of any stocks, or any share or interest in the stock of a bank, company, city, or village, incorporated under a law of the United States or an individual state, shall be void, unless the party contracting to sell or transfer the same, is, at the time of making the contract, the owner or assignee thereof, or authorized by the owner or assignee, or his agent, to sell or transfer the certificate or other evidence of debt, share, or interest, so contracted for. 245 337 2925161 TITLE VII. OF THE DOMESTIC RELATIONS. CHAPTER 106.- Of Marriage. CHAPTER 107.- Of Divorce. CHAPTER 108. — Of Certain Rights and Liabilities of Husband and Wife. CHAPTER 110. Of the Adoption of Children and Change of Names. Marriage be 6. of persons marrying out of state to 7. Intention of marriage to be entered with SECTION 13. Minors not to be married without consent of parents, &c. 14. Marriages, by whom to be solemnized, and in what place. SECTION 1. No man shall marry his mother, grandmother, daughter, granddaughter, step-mother, sister, grandfather's wife, son's wife, grand |