And that every Township's Grants of Lands, as they have been obtained by Gift, Purchale, or otherwife of the Natives, and Grant of this Court, may be fettled upon them, their Heirs, Succeffors and Affigns for ever, according to our Charter, granted by His late Majefty of happy Memory. patent. Be it further enacted by the Authority aforesaid, That every Town in this Colony, fhall take out Patents for their faid Grants, of the Governor and Company; which this Court doth hereby Order, fhall be granted to them, for the holding of fuch Tracts of Land as have been formerly, or fhall be here- Every town after granted to them by this Court, and to their Heirs, Succeffors and Affigns, to take out a firm and fure, according to the Tenure of our Charter, in free and common Soccage and not in Capite, nor by Knight Service; which Patents fhall be fealed with the Seal of the Colony, and figned by the Governor, and by the Secretary, in the Name of this Court, and entered upon Record: Which Patent, or a Record thereof, fhall be a fufficient Evidence for all and every Townfhip that hath the fame, to all Intents and Purposes for the holding the faid Lands firm to them, their Heirs, Succeffors and Afgns forever: The like Course may be taken for all Farms granted to any Perfon or Perfons whatfoever within this Colony. [The A&t next above recited was paffed in the General Assembly, May the fourteenth, One thousand fix hundred and eighty-five.] And for Jecuring Eftates given to charitable Uses: Be it thatted and ordained by the Authority aforesaid, That all fuch Lands, Tenements, Hereditaments and other Estates, that either formerly have been, Eftates given or hereafter shall be given and granted either by the General Affembly of this to charitable Colony, or by any Town, Village, or particular Perfon or Perfons for the ufes, to reMaintenance of the Miniftry of the Gospel in any part of this Colony, or Schools main to thofe of Learning, or for the relief of poor People, or for any other public and cha- uses. ritable Use, shall forever remain, and be continued to the Ufe or Ufes to which fuch Lands, Tenements, Hereditaments or other Eftates have been, or shall be given and granted, according to the true Intent and Meaning of the Grantors, Free from and to no other Ufe whatsoever; and also be exempted out of the general Lists rates. of Eftates, and free from payment of Rates. An Act (or Acts) concerning Poffeffion of Houses, Lands, &c. THIS Court being fenfible of the great Trouble and Contention that doth and may arije in this Colony, by reafon of great Defects that are found in Records, and Alienations of Houses and Lands; that due Form of Law not being lawfully attended, which is requifite in fuch Affairs. For the Prevention whereof, and that future Trouble may be avoided, and that Righteoufnefs and Juftice may be maintained: BE Preamble. E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That what Perfon or Perfons foever, that hath either Himfelf, his Grantee, or Affigns, ftood poffeffed in his Perfons havor their own proper Right in Fee Simple, of any Houfes or Lands within this ing poffeffed Colony, without being interrupted by any Perfon or Perfons laying Claim there- any eftate from, &c. unto, and profecuting their Claim in due Form of Law, fome Time betwixt the Publication hereof, and the laft of November, One thousand fix hundred and fixty-eight, ; fuch Perfon or Perfons fo poffeffed of any Houfes, parcel or parcels of Land, as aforefaid, have Power to enter and record the fame to him or themselves, and his or their Heirs and Affigns forever, in the Book of Records of that Town where the faid Houfes and Lands lie, paying a meet Recompence to the Recorder for his Pains; and a Record un R 112 Provifo. Time limited for making entry on land, &c. debarred. Lands. der the Recorder's Hand, and one of the Select-men of that Town, and an Affiftant or Juftice of the Peace, shall be a fufficient and legal Evidence to all and every Person and Perfons that shall have the fame, to all Intents, Ends and Purposes, for the holding of the fame firm to him or them, his or their Heirs and Affigns forever. Provided, This Law includes not Orphans under Age, Proprietors in foreign Parts, who poffibly may be incapacitated to make good their Claims within the fore-mentioned limited Time. [This Act was made May the ninth, One thousand fix hundred and fixty feven.] And for quieting of Men's Eftates, and avoiding of Suits : It is enacted and ordained by the Authority aforelaid, That no Perfon or Perfons that now have any Right or Title of Entry into any Lands, Tenements or Hereditaments within this Colony, now with-held from him or them, shall thereinto enter, but within three Years after the tenth of June next, or within fifteen Years next after any other Title of Entry accrue; and that no Perfon or Perfons fhall at any Time hereafter make Entry into any Lands, Tenements, or Hereditaments within this Colony, but within Ffteen Years next after his or their Right or Title, which shall hereafter first defcend or accrue to the fame; and in default thereof, fuch Perfons fo not entering, and their Heirs, shall be utterly excluded and difenabled from fuch Entry after to be made. And that all fuch Perfons as have had Right or Title of Entry into, or caufe of Action for any Lands, Tenements, or Hereditaments within this Colony, Or be forever hitherto detained from him or them, fince the ninth of May, One thousand fix bundred fixty and feven paft, and till the tenth of June next, and neglected hitherto to make his or their Entry, and to fue out to Effect, his or their faid Right or Title, shall forever hereafter be utterly excluded and disenabled from fuck Entry or Suit to be made; any former Law, Ufage, or Custom to the contrary notwithstanding. Provifo. Provided nevertheless, That if any Perfon or Perfons that is or fhall be intitled to, or that hath, or fhall have fuch Right or Title of Entry into any Lands, Tenements, or Hereditaments in this Colony, be, or fhall be at the Time of the faid Right or Title first descended, accrued, come or fallen, within the Age of Twenty-one Years, Feme Covert, non compos Mentis, imprisoned or beyond the Seas, that then fuch Perfon and Perfons and his and their Heir and Heirs, fhall or may, notwithstanding the faid three Years, or the faid fifteen Years be expired, bring his Action, or make his Entry, as he might have done before this A&. So as fuch Perfon or Persons, or his or their Heir or Heirs, fhall within five Years next after his or their full Age, Discoverture, or coming of found Mind, inlargement out of Prifon, or coming into this Country of NewEngland, or Territory of New-York, or Death, take Benefit of, and fue forth the fame, and at no Time after the faid five Years. [The above A was made May the eighth, One thousand fix hundred and eigh ty-four.] ERE follow divers other Aas about Lands, and the Titles thereto, with At & General Affembly holden at New-Haven, the eleventh Day of Oober, An Act for impowering the Courts of Probate to appoint meet Perfons in dividing real Estates, when no Perfon is appointed by Will; or when those appointed refufe or neglect to make a Divifion. WHEREAS it fometimes happens that real Estate given by Will, is ordered by the Teftator to be divided amongst two or more Legatees, and no Perfon ap- Preamble, painted in faid Will for the dividing thereof; or the Perjon appointed may neglec ar refufe to make the jaid Divifion, or die before he bath made the fame. BE it enacted by the Governor, Council and Representatives, in General Court Courts of affembled, and by the Authority of the fame, That when and as often as it fo probate to happens in either of these Cases, it fall and may be lawful for the Court of appoint three Probate in the County where fuch real Estate is, to appoint three Freeholders freeholders to make a Division thereof according to fuch Will, as the Law provides for the to divideredividing Inteftate Estates, At a General Affembly holden at Hartford, on Thursday the ninth Day of May, An Act concerning Purchasers of Native Rights to Land. al estates. THIS Affembly observing many Difficulties and Perplexities arifing in this Government, by Reafon of many Purchases of Land made of Indian Titles, with- Preamble. out the preceeding Allowance, or fubfequent Approbation of this Affembly. Which to remove: IT is hereby Enacted and Declared by this Assembly, and the Authority thereof, No title from That no Title to any Lands in this Colony can accrue by any Purchase made Indian purof Indians, on Pretence of their being Native Proprietors thereof, without the chafe, unless, Allowance or Approbation of this Affembly. &c. And it is hereby Refolved, That no Conveyance of Native Right, or Indian Indian title, Title, without the Allowance or Approbation of this Affembly, as aforefaid, not pleadable fhall be given in Evidence of any Man's Title, or pleadable in any Court. in any court. At a General Affembly held at New-Haven, the ninth Day of October, Anno An Act for the preventing unlawful Entries upon, and Aliena tions of the vacant Lands. FOR ASMUCH as divers Perfons have prefumed to enter upon, Improve, Difpofe, and make Sale of divers Tracts of Land within the Bounds of this Colony, and belonging to the Governor and Company of the fame, by Grant from the Crown of Great-Britain, under pretence of their having a Right and Property in Preamble. the Jaid Lands, without any legal Conveyance thereof firft obtained from this Corporation; whereby many Perfons bave been greatly defrauded, great Dijorders occafioned, divers Quarrels excited, very confiderable Charge has been, and now is like to be brought upon the Government, and the orderly Settlement of Plantations fruftrated: Which Mifchiefs are likely to continue, and increase, unless fufficient Remedy be provided. 114 Penalty of rol. on any perfons who enter on lands before a legal conveyance. Or having already entered, &c. Lands. Bit And whatever Perfon or Perfons have en tred claiming, and improved any Part or Parcel of such Land, and shall continue so to do, at any Time after one Year next enfuing the End of the prefent Seffions of this Assembly shall be exthe like pen- pired, shall incur the like Penalty for every fuch Offence: To be recovered and difpofed of in like manner; and so, as often as any of the faid Offences fhall be committed. alty. Entry and poffeffion, not make a title. Provifo, Proprietors having loft And it is bereby further declared and enacted, That no Perfon or Persons shall be taken, or esteemed by any Entry or Poffeffion whatsoever, to make to him or them a Title to any public Lands, or fuch as have not been legally conveyed by the Governor and Company of this Colony. Always provided, Nothing in this A&t be conftrued to refpect any Lands in any Township within this Colony, except in the Township of Ashford, At a General Affembly held at New-Haven, the eighth Day of Qaber, Anno An Act for preventing great Inconveniences which may hap- BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That when the Proprietors of adjoining Lands, have loft their Bounds, and cannot agree to the fixing of their bounds, them, upon Application made by One or more of faid Proprietors to an Affiftant 3 freeholders or Juftice of the Peace, fuch Affiftant or Justice of the Peace, (notice being first to be chofen, given to the Proprietors concerned in the faid Lands that they may be heard, and fworn to if they fee caufe) fhall appoint Three Free-holders, being Persons difinterested; fet up and fix the bounds, which Free-holders, or any Two of them, being first fworn by the faid Affifiant or Juftice of the Peace, to act with impartiality therein, shall have Power, and are hereby impowered, to fet up and fix fuch Bounds between them; and the Bounds which shall be so fixed, fhall be entered in the Records of the Town where fuch Lands lie, and remain the Bounds of fuch Lands; and the whole Charge that fhall arife by the fettling fuch Bounds as aforefaid, fhall (being allowed by fuch Affiftant or Juftice of the Peace) be recovered if need be, by Diftrefs granted by the faid Affiftant or Juftice, against fuch Proprietor or Proprietors as fhall make Application as aforetaid. &C. Provifo. Provided nevertheless, That if any fuch Proprietor or Proprietors of Land be diffatisfied with the Bounds fo fixed, nothing in this Act or any Proceedings thereon, shall be underfood to hinder fuch Proprietor from bringing any Action whatsoever, for the maintaining of his right to, or recovering the Poffeffion of fuch Land, as by the fetting up fuch Bounds as aforefaid, fhall be taken or with-held from him. Provided also, That when the Bounds fo fet up fhall happen to take any Land from any Proprietor, which he has for any Time held Poffeffion of against the other Proprietor; nothing in this Act, or any Thing done therein, fhall be taken to diffeize fuch Poffeffor, but whenfoever any Action is brought against Provifo. fuch Poffeffor, by the other Proprietor, to recover from him Poffeffion of faid Land; if fuch Poffeffor fhall not prove upon the Trial, that the Bounds, or Line which he Claims to hold to, are the juft and true Bounds, Judgment in the faid Action shall be given for the faid Proprietor to recover the Poffeffion, according to the Bounds fet up as aforefaid. And it is further enacted by the Authority aforefaid, That the faid Three Freeholders Free-holders shall take this following Oath, Viz. You YOU A. B. and C. being appointed to renew, revive, and fet up Bounds between the Land of D. E. and F. G. at according to the true, real, and juft Right of the faid Parties: You and each of you do fwear by the Name of the Everliving GOD, that having heard the Pleas of the faid Parties, and Evidences given in by them relating to the faid Bounds; all Prejudice and Partiality being laid afide, you will erect the said Bounds according to the true and juft Right of the faid Parties, by your best Skill and Judgment. So help you God. An A&t concerning Witneffes to Wills. in to take an oath. The form. witnessed by three witnes BR it E it enacted by the Governor, Council and Representatives, in General Court Wills to be bearing Date at any Time after the first Day of January next enfuing the End fes, in preof the prefent Seffions of this Affembly, wherein there fhall be any Devife Devifes of real Estate, shall be held good and allowed for any fuch Devife Devifes, it they are not witnessed by Three Witneffes; all of them figning Presence of the Teftator. or fence of the or teftator, or in At a General Affembly held at Hartford, the twelfth Day of May, Anno Dómini, One thousand feven bundred and twenty. An Act to enable Guardians to divide Lands, &c. WHEREAS there are many Parcels of Land in this Government, which have been, and fill are held by several Perfons in Partnership, or as Tenants in Common, or in Joint-Tenancy: And it bath often fo fallen out, that one of the Partners or Tenants have died before any Divifion bath been made, and their Heirs left to Inherit fuch Lands, being Minors ; whereby the surviving Partners or Tenants are bindred in their Improvement. Which to prevent : elfe void, as to devifes of real estate. Preamble. of lands E it enacted by the Governor, Council and Representatives, in General Court Guardians to affembled, and by the Authority of the fame, That the Guardians of all minors to Minors fhall, and are hereby (with the Affiftance of fuch Perfons as the Court make divifion of Probate fhall for that end appoint) fully impowered to make Divifion of any with furvivfuch Land with the furviving Partners or Tenants, as fully and amply as the ing partners. the original Partners and Tenants might or could have done: And all fuch Minors, their Heirs and Affigns fhall be firmly bound and concluded by any fuch Divifion made by their Guardians. fuitable And the feveral Courts of Probate are hereby directed, upon the Application of fuch Partner or Tenant, or Guardian to any Minor, to appoint any Perfons to affift fuch Guardians in making Division as aforesaid, Court of pro bate to appoint perfons to affift guar dians, &c. |