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And all Persons having Right in any such Land, upon such Appointment, All persons, shall forthwith come to a Divifion of the same.
At a General Assembly held at New Haven, the thirteenth Day of Odober,
Anno Domini, One thousand lover: bundred and twenty.
An Act for the Partition of Lands, &c.
E it enacted by tbe Governor, Council and Representatives, in General Court Lands held affembled, and by the Authority of the Jame, That all Persons having or in partner holding ; or chat hall at any time hereafter have or hold any Lands, Tene. mip to be di: ments, or Hereditamencs as Coparceners, loint-Tenants, or Tenants in Comof partition. mon, may be compelled by Writ of Partition to divide the fame, where the
Partners cannot agree to make Partition among themselves. Provilo.
Provided always, That this Ad extend not to Town-Commons or fequefter. ed Lands.
At a General Assembly held in New Haver, on the eleventh Day of O&ober;
Anno Domini, One thousand seven bundred and twenty two.
An Act for preventing Trespasses on the Lands of this Colony,
by illegal Purchases thereof trom the Indians. WHERE
HEREAS this Affembly bave been informed, that notayishstanding the an
ciont Laws of this Colony to the contrary, fome Persons have pretended to purchase of Indians their Rigbts as Natives, of many confiderable Tracts of Land lying within this Colony : And although all such Deeds when obtained witbout the Leave and Consent of this Aljembly, are by the said Law declared to be ipsa facto, void. Yet under colour of such Deeds, Perlons unacquainted with the Jaid Larus may be imposed upon, deceived, and grearly wronged, as well as the Settlement of fucb Lands in Plantations, pursuant to the End expressed in our Charter, bindrid.
For the prevention whereof :
asembled, and by the Authority of the fame, "That whosoever shall presume
to purchase any Lands within the Bounds of this Colony, of any Indians whatsoPenalty of ever, without the Leave of this Assembly hereafter firk had and obtained, ungol. to pre- der colour or pretonce of such Indians being the Proprietors of said Lands by a fume to pur. Native Right; or shall having purchased of any Indians, Lands in fuch manner, chase land of Indians.
without leave of this Assembly firft had, or the Confirmation of this Allembly afterwards obtained, presume to make any Sale of, or any Settlements upon any Lands fo purchased, every Person who shall in any such manner transgress, and be thereof convicted in the County Court, or in the Superior Court of that County where such Lands shall lie, shall incur the Penalty of Fifty Pounds to the Treasury of this Colony.
Persons who And whatsoever Person or Persons shall suffer any wrong by Means of fuck are wronged Sale or settlement, as aforesaid, hall recover in either of the said Courts, upon by fuchfales. Proof of such wrong by him suffered, Treble Damages against the Person or ble damages. Perlons so wronging of him.
At a General Aftembly held at Hartford, the ninth Day of May, Anno
Domini, One thousand feven bundred and twenty-thru.
An Act for the better establishing and Confirmation of the Ti
tles of Land anciently obtained in Townships, according to
HEREAS it was anciently customary for Towns to be settled, and the
Lands in them contained, to be disposed of, by Division, or otherwise, to particular Persons, or special uses by the Inhabitants of the said Towns in Town Meeting affembled; after which custom or manner, particular Persons Preamble. obtained to themselves certain Quantities of the said Land, which they held and disposed of as their own proper Eftate of Inheritance ; and other Quanti. cies, or Parcels of the said Land in such Towns which remained in common, without being divided or dilpolęd of to any Person or Use whatsoever, were still considered and allowed to be in the disposition of the said Inhabitants assembled in such Town-Meetings, by the major Vote of those present.
And whereas it was afterwards thought needful that the Properties and Efates obtained in the aforesaid Manner or Custom within our Townships, lhould be confirmed to the several Proprietors of them, and ratified by Deeds or Patents under the Seal of this Colony, to them and their Heirs forever, (inalmach as bis Majesty King CHARLES the Second, had under the Great Seal of England, granted the whole Tra&t of Land, comprehending said Townships, to the Governor and Company of this Colony) that the Proprictors of fuch Eftates so obrained and held by vote and consent of such Towns in their Meetings, might be thereby furnished with unconteftible Evidence of their having and holding the same under the Crown of Great Britain.
By means of which deeds of Patents so granted to such Persons, who were allo according to the ancient custom or manner of dispofing of Lands in our TownMeetings, the true and lawful Owners and Poffeffors of such Eftates, the faid Lands which they held in such Towns, either in severalty or in common, became both by custom, and by Seal of this Colony, an undoubted lawful Efate of Inheritance, to them and their Heirs ; and the undivided and common Lands in fuch Towns, such Proprietors might have divided immediately among themfelves, or otherwise disposed of agreeably both to the ancient Custom, and the Title ratified and confirmed by the said Deeds or Patents, and not suffered any other Persons to have any part in them or any Right or Title to vote or act in the dividing or difpofing of such common Land.
And whereas notwithftanding the said Deeds or Patents obtained, the Pro. prietors of such Common Landi, who had according to the antient cuftom such an Efate in them, that they might divide them among themselves, or otherwise dispose of them; and had also obtained by Patent a Grant and Confir. mation of the Efate which they had in those common Lands, as well as in their
particular Properties, to themselves and their heirs forever, by Virtue of which they had just Power and Right to act and do by way of dividing or dispofing of such common Lands without fuffering any other Persons who should afterwards become lahabitants of the said Towns, to be concerned and ad with them therein ; the said Proprietors did for a considerable number of Years in many of our Towns, truly consent and agree that the said common Laods might in whole or in part be actually divided or disposed of by the major Vore of the Inhabitants of such Towns in Meeting assembled, and did themselves a&t and vote with others in such Town Meetings, in the dividing and dispofing of such common Lands, by means of which Axts and Votes many Perions have obtained particuiar Estates to themselves, which if they should be called in Question and defeated because not obtained by the fole Ad of the said Proprietors, would be contrary to the true intent and meaning of the faid Proprietors, and prove very prejudicial to those Persons or their Heirs, who have been brought into them with the real Consent of the said Proprietors, by which real Consent, faid Proprietors, and all that hold under them, ought to be eltopped and barred against all Pretensions or Pleas of Right which they may alledge to the contrary
E it therefore ena&ed by the Governor, Council and Representatives in GeGrants, Divifions, or Difpofitions of such common Lands, made according to
ancient Custom in any Town Meetings, shall be held and taken to be good Grants, &c. and lawful, to all Intents, and as effectual in Law as if the full and of Lands, ample Consent of the said Proprietors had been in any other Way than by such heretofore
their A&ing or real Consent obtained ; and all Estates in Land obtained and made at town meetings, to
holden in such Manner by the Votes and Acts of Town-Meetings, as well be good and
fince as before the Confirmation of the Proprietors in such Towns, in their valid. Estates there, by Patent under the Seal of this Colony, as aforesaid, are hereby
declared to be.
And to be
And it is bereby ena&ted, That they shall be accepted and taken to be good held fuch, as and lawful Estates to such as so have and hold them, as they might or could be if, &c. if the Consent of the said Proprietors in the granting of them could be proved
under the Hand and Seal of such Proprietors.
And it is bereby alfo further Declared and Ena&ed, That whatsoever Part or Intereft the aforesaid Proprietors, by Custom as well as Deed, have in any
common or undivided Lands in any Towns, which they have not by their free Undivided Consent as before expressed, or otherwise, disposed of, or suffered to be die lands to be vided or disposed of, is and fall be allowed, and taken to be their proper long to the proprietors. Eftato : And that no Person whatsoever by becoming an Inhabitant of such
Town, or by any other Means against or without the Consent of such Proprietors, shall be taken or efteemed to have any Estate, Titlé, Right or Intereft therein.
And all such Proprietors of any remaining common or undivided Lands in any Town or Place whatsoever, or such as legally represent them, are hereby
allowed to have their Meetings in such respective Towns, to choose their Proprietors
Clerk, to enter and record their Votes and Doings, who shall be sworn to mect, &c.
before an Alftant or Justice of the Peace : And all Records of their Votes chufe a Clerk and Doings, attested by him, be admitted as lawful Evidence. And the faid &c.
Proprietors in such Meetings, shall have full Power (after the ancient Custom and Manner in Towns) by their major Votes in such their Meetings, (to be reckoned according to their interef in such Common Land) to regulate, inprove, manage and divide such Common Land, in such Manner and Propora tion as they shall see good.
Provided, That where the Proprietors in any Town have by any Vote of theirs upon Record in their Towo, obliged themselves to act for the future, in any other Method in dividing the undivided Land in such Townships, such
Proviro. Vote being the Act of faid Proprietors, shall be and remain valid and 'binding again ft fuch Proprietors, and their Heirs ; and the undivided Lands referred to in faid Vote, divided and held according to such Vote; any Thing in this Aet to the contrary notwithstanding.
Also provided, That this Aš, nor any thing therein contained, hall not be taken to intend that any Power is given to any Proprietors to divide and set out Provifoi any Lands fequeftered for Towns Commons. an Aet for enabling part of the Executors of Wills to sell
Lands devised to be sold, where part of them refule Execu
corship I'HERE AS Lands and tenements are by fome Perlons in their Inft Wills and
Tipaments, devised to be fold by their Executors after their Decease, for payment of Debts, Legacies, or other Ujes.
Preambles and quhereas it some Times happens that part of the Execators named by luch Seftator, refwji Executerihip; whereby it becomes very dificult, if not impracticable to fulfil faid Wills; part of aid Executor's not having fufficient Power in Law 10. jell jaid Lands jo devijed, as uforejaid. For preventing all Disputes and Controverlies that might hereafter arife con.
cerning the Validity of such Sales BE E it Enaited, Refolued and Declared, by the Governor, Council and Represen
latives, in General Court assembled, and by the Authority of the jame, That Sales of land ail Sales of any Lands or Tenements that have heretofore been made, or here- by executors, after shall be made within this Colony, by any Executor or Executors, being good & valid, part of the Executors named by such Teftator, shall be as good and effectual in altho', &e. the Law, where part of the Executors refuse as aforesaid, as if those who so refuse had joined in the Sale of such Lands or Tenements.
Provided, This Act extend not to confirm any Sales of Lands or Tenements made, or that shall be made by any Executor or Executors otherwise than according to, and in fulfilment of the Will of their Tettator, allowed and approv.
Provilo. ed in Court': But that all Sales, Alienations, A&t or Acts of any Executor or Executors tending to the Prejudice or Destruction of the Right of any. Legatees to any Lands or Tenements made otherwise, shall be and remain void, and of no Force in the Law, as they were before the making of this Aa. At a General Affembly held at New Haven, on the tenth Day of Oktober
Anno Domini, One sboulana jeven hundred and twenty ebree.
Affembly held at Hartford, on the ninth Day of May last, in-
ing Contentions about the fame."
or such as legally represent them, are hereby allowed to have their Meeting Preamble. in such relpective Towns, to choose their Clerk, to enter and record their City Vores,” &c.
And whereas there is no Direčtion given in jaid Ag for tseir regular calling to
geiher jucb Proprietors-Meeting :
TT is therefore enaet;d by the Governer. Council and Representatives in General Fire Propri Court (jembled ard by ine Aur barily of the jame, That when and fo often as etors maynh- any five (or more) of the Proprie:ors of luch Common, or undivided Lands tain a mæt fall judge a Prusierors Meeting to be neceflary, they making Application to ing to be cal- an Aifant, or a Justice of the Peace within the County wherein such Lands
lie, for i Wartant for the calling of a Meeting of the Proprietors, expreiling the Time, and Place, Occasion, and Buliness of the Meeting that such filant, or Jaftice is hereby impowered to grant a Warrant for fuch Meeting accordingly, directed to one of the Proprietors asking the fame : requiring faid Proprietors to warn all the Proprietors residing in fald Town-ihip, of the Time, Place, and Occasion for fad Meering, at leaf lix Days before faia Meeting ; and also to set up a Noviñcation in Writing, posted up in some public Place under the Hand of such Adliftant or Jurlice, at least twenty Days before such Meeting, together with the Time,.Place, and Occasion thereof: Which Warning and Notification made and given according to said Warrant, shall be deemed suficient Warning
of a Proprietors Meeting according to faid Act. Proprietors
And the Proprietors in any lawful Meeting so assembled, shall have full power to cail
Power to agree upon any other Way or Method for warning their said Meeting ing. for the future, as they think fit.
And the Proprietors Clerk ihall take the following Oath. an oath.
HERE AS you N.C. are chosen Clerk of this propriety, You swear by The form of the Name of the ever-living GOD, that you will truly and faithfully the oath. attend and execute the Place and Office of a Proprietors Clerk for the said Pro
prietors, according to your beit Skill, and make Entry of all fach Vores as thall bé made according to Law, and deliver true Copies of the same when they ihail be required of you, taking only your juft Fees. So help you GOD.
Cerk to take
An Act for preventing the Sales of the real Estates of Heiresses,
without their consent.
WHereas in the fur A Settlement of this Colony, Land was of little Value, in.Com
parison, with what it is now; by wbich Means it became a general Gufon, ilmat the real Estate of any person wbich either by. Deicent or by Will
, became the Efate of bis Daughters, whether they were leised of it at the time of their Mar
riage ; or whether it descended or came'o them during their Coverture, became * Teamble. t bereby tbe proper and fole Estate of their Hufbands, and might be by him aliena
red or di/pojed of without the knowledge or consent of such Wives, and a great number of Cytates having been thus ferile.t, jo remain to this Day.
And whereas by reason of the present Value, Usefulness and Security of real Eltare, the luffering of juch a Custom any longer to obtain would be ai ended with much Inconveniency and Wrong, although for the Time pass'd the Custem which
bås obtained ought to be bolden good. ing to former PE it therefore ena ied by the Governor, Council and Representatives, in Genecullon valid. ral Court af embled, and byzhe Authority of the same, That all Elates
Ertates fertled accord