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And that every Township's Grants of Lands, as they have been obtained by Gift, Purcbale, or otherwise of tbe Natives, and Grant of this Court, may be fettled upon tbem, thrir Heirs, Succeffors and Afgns for ever, according to our Charter, granted by His late Majesty of happy Memory.
Be it furtber enaded by the Authority aforesaid, That every Town in this Colony, thall take out Patents for their faid Grants, of the Governor and Company; which this Court doth hereby Order, shall be granted to them, for the holding of such Tracts of Land as have been formerly, or shall be here. Every town after granted to them by this Court, and to their Heirs, Succeffors and Affigns, to take out a form and fure, according to the Tenure of our Charter, in free and common
patent. Soccage : and not in Capite, nor by Knight Service ; which Patents shall be fealed with the Seal of the Colony, and ligned by the Governor, and by the Secretary, in the Name of this Court, and entered upon Record : Which Patent, or a Record thereof, shall be a sufficient Evidence for all and every Townhip that hath the same, to all intents and Parposes for the holding the said Lands firm to them, their Heirs, Successors and A fignis forever : The like Course may be taken for all Farms granted to any person or Persons whatsoever within this Colony.
(The Ad next above recited was passed in the General Affembly, May be foarteenib, One thousand fix bundred and eighty-five.)
And for securing Eftates given to charitable Ufes : Be it enalted and ordained by the Authority aforelaid, That all such Lands, Tenements, Hereditaments and other Ekates, that either formerly have been, efater giver or hereafter shall be given and granted either by the General Affembly of this to charitable Colony, or by any Town, Village, or particolar Person or Persons for the uses, to reMaintenance of the Ministry of the Gospel in any part of this Colony, or Sehools main to those 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 Use or Uses to which such Lands, Tenements, Hereditaments or other Estates have been , or shall be given and granted, according to the true Intent and Meaning of the Grantors, Free from and to no other Use whatsoever ; and also be exempted out of the general Lits ratesi of Etates, and free from payment of Rates.
An Act (or Acts) concerning Poffeffion of Houses, Lands, &c.
arije in this Colony, by reason of great Defe&s that are found in Records, and
Preamble. tended, which is requifite in fucb Affairs.
For the Prevention whereof, and that future Trouble may be avoided, and that Righteousness and Juftice may be maintained :
E it enated by the Governor, Council and Representations, in General Court
assembled, and by tbe Ausbority of the fame, That what Person or Persons Soever, that hath either Himself, his Grantee, or Afligns, stood poffeffed in his persons havo their own proper Right in Fee Simple, ot any Houses or Lands within this ing poffeffed Colony, without being interrupted by any person or Perfons laying Claim there any eftare unto, and prosecuting their claim in due Form of Law, fome Time betwixt the Publication hereof, and the laft of November, One thoujand fix bundred and fixty-eigbe, ; such Person or Persons fo poffefed of any Houses, parcel or par. cels of Land, as aforesaid, have Power to enter and record the same to him or themselves, and his or their Heirs and Afligns forever, in the Book of Records of that Town where the said Houses and Lands lie, paying a meet Recompence to the Recorder for his Pains ; and a Record' una
der the Recorder's Hand, and one of the Select-men of that Town,
and an Afiftant or Justice of the Peace, shall be a fufficient and legal Evidence to all and every person and Persons that shall have the fame, to all intents, Ends and Purposes, for the holding of the same firm to him or them, his or their Heinz and Aligns forever.
Provided, This Law includes not Orphans under Age, Proprietors in foreign Provifo.
Parts, who possibly may be incapacitated to make good their Claims within
And for quieting of Men's Eftatus, and avoiding of Suits :
Hereditaments within this Colony, now with-held from him or them, shall Time limited thereinto enter, but within three Years after the tenth of June next, or with for making
in fifteen Years next after any other Title of Entry accrue ; and that no Per. entry on fon or Persons Ihall at any Time hereafter make Entry into any Lands, Teneland, &c. ments, or Hereditaments within this Colony, but within Ffteen Years next af.
ter his or their Right or Title, which shall hereafter first descend or accrue to the same ; and in default thereof, such Persons so not entering, and their Heirs, shall be utterly excluded and disenabled from such Entry after to be made.
And that all such Persons 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, since the ninth of May, One thousand fix debarred.
bundred kxsy and feven pat, and till the tenth of June next, and neglected hi. therto to make his or their Entry, and to sue 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, Usage, or Cuftom to the contrary notwithitanding.
Provided neverthelefo, That if any Person or Persons that is or shall be in. titled to, or that bath, or shall have such Right or Title of Entry into any Lands, Tenements, or Hereditaments in this Colony, be, or shall be at the
Time of the said Right or Title firft descended, accrued, come or fallen, within Provifo. the Age of Twerty-one Years, Feme Covert, non compos Mentis, imprisoned or
beyond the Seas, that then such Person and Persons and his and their Heir and
ERE follow divers orber Aas about Lands, and the Titles thereto, with
At General Assembly holden at Now Haven, the eleventh Day of Odober,
Anno Domini, One e bousand fouen bundred and fixtuen,
An Act for impowering the Courts of Probate to appoint nieet
Persons in dividing real Estates, when no Person is appointed by Will; or when those appointed refuse or neglect to make a Division.
WHERE AS it sometimes bappens tbat real Estate given by Will, is ordered by tbe Teftator to be divided amongf two or more Legatees, and no Person ap
Preambla, pointed in said Will for the dividing iberiof; or the Person appointed may regled or refuse to make the jaid Division, or die before be bath made the fame. Be it caeted
by the Governor, Council and Representatives, in General Court Courts of affembled, by
probate to happens in either of these Cases, it hall and may be lawful for the Court of appoint threo Probate in the County where such real Estate is, to appoint three Freeholders freeholders to make a Division thereof according to such Will, as the Law provides for the to divide re
. dividing Intestate Estates,
At a General Assembly holden at Hartford, on Thursday the ninth Day of May,
Anno Domini, One thousand seven bundred and seventeen.
An A&t concerning Purchasers of Native Rights to Land.
vernment, by Rrafon of many Purchases of Land made of Indian Titles, witb. Preamble. out tbe preceding Allowance, or subsequent Approbation of this Afembly.
Which to remove : It is bereby Enaged and Declared by this Asembly, and the Autbority thereof. No title from
That no Tide 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 chase, unless, Allowance or Approbation of this Assembly.
And it is bereby Resolved, That no Conveyance of Native Right, or Indian Indian title Title , without the Allowance or Approbation of this Assembly, as aforesaid, not pleadable
in any court. shall be given in Evidence of any Man's Title, or pleadable in any Court.
At a General Assembly held at New Haven, the ninth Day of Otober, Anno
Domini, Ome tboufand fever bundred and cighteen.
An Act for the preventing unlawful Entries upon, and Aliena
tions of the vacant Lands. FORASMUCH as divers Persons bave presumed to enter upon, Improve, Dif
pose, and make Sale of divers Traits of Land within the Bounds of this colon, and belonging to tbe Governor and Company of the fame, by Grant from the Crown of Great-Britain, under pretence of ibeir having a Right and Property in Preamble. Ebe Jaid Lands, without any legal Conveyance thereof first obtained from abis Cor. peration ; whereby many Persons bave been greatly defrauded, great Dijorders of cafored, divers Quarrels excited, very confiderable Charge bas been, and now is like to be broug bt upon the Government, and the orderly Settlement of plantations fruftrated : bicb Mifebiefs are likely to continue, and increale, unless fufficient Remedy be provided.
enter on lands before
E it therefore enaded by the Governor, Council and Reprefentarives, in General Penalty of Court offembled, and by the Authority of thejame, That whatsoever Perfon or jol. on any Persons Mall under any pretence enter upon any part of faid Land, claiming persons who Right, or improve, dispose of, and alienate any Tractor Parcel chereof, before
he or they shall obtain a legal Conveyance from this Corporation of the same, a legal con. hall incur the Penalty of Ten Pounds for every such offence : To be recovered veyance.
in any of the Courts of Çommon Pleas within this Colony ; one Moiety of which Penalty shall be to the Treasury of the Colony, and the other Moiety to him or
them who shall prosecute the same to effe&t. Or having And whatever Person or Persons have en tred claiming, and improved any already en Part or Parcel of such Land, and shall continue so co do, at any Time after one çered, &c.
Year next ensuing the End of the present Sessions of this Assembly shall be exthe like pen- pired, Mall incur the like Penalty for every such Ofence: To be recovered and
disposed of in like manner ; and fo, as often as any of the said Offences shall
be committed. Entry and And it is bereby furtber declared and enasted, That no Person or Persons shall pofseflion, be taken, or esteemed by any Entry or Possession whatsoever, to make to him not make a or them a Title co any public Lands, or such as have not been legally conveys title,
ed by the Governor and Company of this Colony. Provilo,
Always provided, Nothing in this A& be construed to respect any Lands in any Township within this Colony, except in the Township of thford.
At a General Assembly held at New Haven, the eighth Day of Oxeber, Anno
Domini, One thousand seven bundred and nineteen.
pen by the loss or uncertainty of the Bounds of Land.
E it waa&ed by the Governor, Council and Representatives, in General Court Proprietors
afsembled, and by the Authority of the fame, That when the Proprietors of having loft adjoining Lands, have lost their Bounds, and cannot agree to the fixing of their bounds, them, upon Application made by one or more of said Proprietors to an Affitant 3 freeholders or Juftice of the Peace, such Alitant or Justice of the Peace, (notice being first to be chosen, given to the Proprietors concerned in the said Lands that they may be heard, and sworn to fet up and fix
if they see cause) shall appoint Three Free-holders, being Persons difinterefed ; the bounds, which Free-holders, or any Two of them, being first sworn by the said Afifant
or Justice of the Peace, to act with impartiality therein, shall have Power, and are hereby impowered, to set up and fix such Bounds between them ; and the Bounds which thall be so fixed, shall be entered in the Records of the Town where such Lands lie, and remain the Bounds of such Lands; and the whole Charge that shall arise by the settling sạch Bounds as aforesaid, shall (being als lowed by such Alftant or Justice of the Peace) be recovered if need be, by Dir. tress granted by the said Afiftant or Justice, against such Proprietor or Proprie
tors as shall make Application as aforesaid. Proviso.
Provided nevertheless, That if any such Proprietor or Proprietors of Land be dissatisfied with the Bounds so fixed, nothing in this Ad or any Proceedings thereon, shall be understood to hinder fuch Proprietor from bringing any Adion whatsoever, for the maintaining of his right to, or recovering the Poffeffion of such Land, as by the setting up fuch Bounds as aforesaid, shall be taken or with-beld from hin.
Provided elfo, That whça the Boyads fo fet up shall happen to take any
Land from any Proprietor, which he has for any Time held Possession of against the other Proprietor ; nothing in this Aa, or any Thing done therein, shall be taken to disseize such Poffeffor, but whensoever any Action is brought against Proviso. fuch Poffessor, by the other Proprietor, to recover from him Poffeffion of said Land ; if fuch Poffeffor shall not prove upon the Trial, that the Bounds, or Line which he Claims to hold to, are the just and true Bounds, Judgment in the faid Action shall be given for the said Proprietor to recover the Poffefsion, according to the Bounds set up as aforesaid.
And it is further enacted by the Authority 'aforesaid, That the said Three Freeholders Free-holders shall take this following Oath, Viz.
to take an YOU A. B. and C being appointed to renew, revive, and fet up Bounds according to the true, real, and joft Right of the said Parties : You and each of The form you do swear by the Name of the Everliving GOD, that having heard the Pleas of the said Parties, and Evidences given in by them relating to the faid Bounds ; all Prejudice and Partiality being laid afide, you will ereat the said Bounds according to the true and just Right of the said Parties, by your best Skill and Judgment. So belp you God.
An Act concerning Witnesses to Wills.
witnessed by bearing Date at any Time after the firf Day of January next ensuing the End res, in preof the present Sessions of this Assembly, wherein there thall be any Devife or sence of the Devises of real Efate, shall be held good and allowed for any such Devise or teftator, or
elle void, as Devises, it they are not witnessed by Three Witnesses; all of them figning in
to devises of Presence of the Teftator,
At a General Assembly held at Hartford, the twelfth Day of May, Anno Ddmini, Owe tbouland fruen bundred and rowenty.
An Act to enable Guardians to divide Lands, &c. WHEREAS there are
many Parcels of Land in this Government, wbieb bave been, and Aill are held by foveral Persons in Partnership, or as Tenants
Preamble. in Commor, or in Joint-Tenancy : And it bath often fo fallen out, tbet one of the Partners or Tenants bave died before any Divifon barb been made, and their Heirs left to Inherit fucb Lands, being Minors; whereby the furviving Partners or Tenents are bindted in their Improvement.
Which to prevent : BE
E it enaded by the Governor, Council and Representatives, in General Court Guardians to
affembled, and by the Autbority of the fame, That the Guardians of all minors to Minors shall, and are hereby (with the Affittance of such Persons as the Court make divifion of Probate fhall for that end appoint) fully impowered to make Division of any with
furvivsuch Land with the surviving Partners or Tenants, as fully and amply as the
ing partners. the original Partners and Tenants might or could have done : And all such Minors, their Heirs and Assigns shall be firmly bound and concluded by any such Division made by their Guardians. And the several Courts of Probate are hereby directed, upon the Application bate to ap
point persons of such Partner or Tenant, or Guardian to any Minor, to appoint any suitable
to affift guarPersons to affjk fuch Guardians in making Division as aforesaid,
Court of pro.