1. Be it enacted by the Governor and Legislative Council of the Territory of Florida, That, if any testator shall devise or bequeath to his wife any portion of his estate, such devise or bequest shall be deemed and be taken in lieu and bar of dower, out of the estate of her deceased husband ; in like manner as if the same were expressed ; unless such testator shall by his last will and testament declare otherwise, Provided that nothing in this section contained, shall deprive the widow of her choice, either to dower of the estate, or to the part or portion so devised or bequeathed to her; and it shall and may be lawful for any such widow, who will make choice of her dower within one year from the time of the death of the testator before the circuit court, or by deed executed and acknowledged before any justice of the peace of the county, and filed and entered on the clerks office of said court, to declare that she will not accept the provisions made for her by said will, or any part tereof; and renounce all benefits which she might claim, by such will; but every widow not making such declaration within the time aforesaid, shall have no more of her husbands estate than is given to her by will.

2. Be it further enacted, That, any widow after the death of her husband may tarry in the mansion place of her husband, and the plantation thereto belonging, rent free, until her dower shall be assigned to her. And whosoever shall deforce widows of their dower of lands, whereof the husband died seized, or of such mansion house or plantation, shall pay damages to the widow, to the value of the whole dower to them belonging, from the time of the death of their husbands, until the day that they shall in due course of law recover possession of such dower.

3. Be it further enacted, That, any widow claiming dower in lands or slaves, may present her petition stating the circumstances of the case to the judge of the circuit court of the county, where such lands lie, or in which the slaves may he found, of which she claims dower, in term time; or file her petition in vacation, in the clerks office whereupon it shall be the duty of the said court, to order or of the clerk in vacation to issue, a summons endorsed on said petition, directed to the person or persons against whom she complains, commanding such person or persons, to appear at the next term of said court, to answer the complaint of such widow, which petition and summons shall be served at least ten days before the time appointed therein, for the defendant or defendants to appear.

4. Be it further enacted, That, the court to whom any such petition is presented may after the service and return of the summons aforesaid, compel the defendant or defendants to answer, and may proceed upon such petition, and answer although any of the defendants may be under the age of twenty one years, according to the course and rules of equity; and shall make such decree for the assignment of dower in such manner as shall be most agreeable to equity; and such assignment of dower shall be as effectual as if the same were in the ordinary method of the common law. And it shall further be the duty of such court, on decreeing an assignment of dower, to appoint three respectable inhabitants of the county where such lands may lie, whose duty it shall be to proceed to the premises, and by actual survey and admeasurement to lay off and ascertain the boundary lines of such dower lands, in pursuance of the sentence and order of said court; and make return of their proceedings to the next circuit court, to be holden for such county. And if such return is confirmed by the court, it shall be the duty of the court to cause such return and proceedings to be entered of record-And if any of the persons appointed as aforesaid, shall fail to take upon themselves the execution of said appointment, it shall be the duty of the court from time to time to appoint others till such duty be completed.

5. Be it further enacted, That, if any material facts are asserted by one party, and denied by the other, the court shall at the request of either party cause such facts to be tried by a jury-and an appeal from the final judgment or decision of the court in any case respecting dower, may be had to the superior court of the proper county, as in other cases.

6. Be it further enacted, That, it shall and may be lawful for any married woman to release her right of dower of, in and to any lands and tenements whereof the husband of such widow may he possessed or seized by any legal or equitable title, during coverture, by joining such husband in the deed or conveyance, whereby such lands or tenements are granted or conveyed, and appearing before any judge of the superior court, or circuit court of this Territory, or before any justice of the peace in the county where such lands and tenements lie, and it shall be the duty of the judge or justice to acquaint such woman, with the contents of such deed or other conveyance, and to examine her apart from her husband, whether she executed such deed or conveyance, voluntarily and without compulsion or undue influence of her husband, and to endorse a certificate of such examination as aforesaid made, on the deed or conveyance; and every deed executed and certified by such judge or justice, that the said woman executed the same voluntarily, and without undue influence of her husband and recorded according to law, shall be sufficient to discharge and bar the claims of such woman from any claim to dower in such lands and tenements, conveyed by such deed or conveyance.

7. Be it further enacted, That, if any widow possessed of a slave or slaves, as of the dower of her husband, shall remove, or voluntarily permit to be removed out of this Territory such slave or slaves or any of their increase, without the consent of him, her or them in reversion, such widow shall forfeit all and every of such slave or slaves, which she holds of the endowment of her husband unless by consent of the person or persons that shall by law be entitled to the reversion thereof-Provided nevertheless, that if the consent of those in reversion cannot be had, it shall and may be lawful for said widow to take the slave or slaves so in her possession, of the endowment of her husband to the Circuit Court of the proper county, and there have their names, ages and descriptions recorded, and further, if the said widow will then and there give good and sufficient security, to be approved of by the court, in double the value of the slaves so to be removed, conditioned that the same slaves shall not be wasted, but shall be forthcoming to him, her or them in reversion, after the death of said widow, in case the slaves outlive her, or such parts thereof, with their additional increase; then in that case it shall and may be lawful for said widow to remove or permit to be removed said slave or slaves, any dissent of those in reversion to the contrary notwithstanding -But the consent of those in reversion shall supercede the necessity of such security.

8. Be it further enacted, That, if any widow possessed as aforesaid shall marry to a husband who shall remove, or voluntary permits to be removed out of this Territory any such slave or slaves or any of their increase, without the consent of him, her or them in reversion; in such case it shall and may be lawful for the person in reversion to take and possess the same slaves which he holdeth in right of his wife's dower, for and during the life of said husband; Provided that if the husband will have a description of the slaves, and their increase then in being, recorded, and give security as herein before provided to be given by the widow removing said slaves, that then he may remove the same as in the case of the widows removing the same; but the consent of those in reversion shall supercede the necessity of giving such security.

9. Be it further enacted, That, nothing in this act contained shall be construed to effect any right which may have accrued, or been rested, prior to the commencement of his act.

WILLIAM P. DUVAL.
Governor of the Territory of Florida.

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