And all Perfons having Right in any fuch Land, upon fuch Appointment, All perfons, fhall forthwith come to a Division of the fame.

&c.

Lands held in partner

fhip to be di

vided by writ of partition.

Provifo.

At a General Affembly held at New-Haven, the thirteenth Day of 08.ber,
Anno Domini, One thousand lever hundred and twenty,

An Act for the Partition of Lands, &c.

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the Jame, That all Perfons having or holding; or that fhall at any time hereafter have or hold any Lands, Tenements, or Hereditaments as Coparceners, Joint-Tenants, or Tenants in Common, may be compelled by Writ of Partition to divide the fame, where the Partners cannot agree to make Partition among themselves.

Provided always, That this A&t extend not to Town-Commons or fequestered Lands.

At a General Affembly held in New-Haven, on the eleventh Day of October,
Anno Domini, One thousand seven hundred and twenty two.

An Act for preventing Trefpaffes on the Lands of this Colony,
by illegal Purchases thereof from the Indians.

WHE HEREAS this Affembly bave been informed, that notwithstanding the ancient Laws of this Colony to the contrary, fome Perfons have pretended to Preamble. purchase of Indians their Rights as Natives, of many confiderable Tracts of Land lying within this Colony: And although all fuch Deeds when obtained without the Leave and Confent of this Affembly, are by the faid Law declared to be ipfa facto, void. Yet under colour of fuch Deeds, Perlons unacquainted with the faid Laws may be impofed upon, deceived, and greatly wronged, as well as the Settlement of fuch Lands in Plantations, pursuant to the End expressed in our Charter, bindred.

For the prevention whereof:

BE E it enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That whofoever fhall presume to purchase any Lands within the Bounds of this Colony, of any Indians whatfoPenalty of ever, without the Leave of this Assembly hereafter first had and obtained, unsol, to pre- der colour or pretence of fuch Indians being the Proprietors of faid Lands by a fume to pur- Native Right; or fhall having purchased of any Indians, Lands in fuch manner, chafe land of without leave of this Affembly firft had, or the Confirmation of this Affembly afterwards obtained, presume to make any Sale of, or any Settlements upon any Lands so purchased, every Person who fhall in any fuch manner tranfgrefs, and be thereof convicted in the County Court, or in the Superior Court of that County where fuch Lands shall lie, shall incur the Penalty of Fifty Pounds to the Treasury of this Colony.

Indians.

Perfons who

And whatsoever Perfon or Perfons fhall fuffer any wrong by Means of fuck are wronged Sale or fettlement, as aforefaid, fhall recover in either of the faid Courts, upon by fuchfales, Proof of fuch wrong by him fuffered, Treble Damages against the Perfon ar ble damages. Perfons fo wronging of him.

to receive tre

At a General Affembly held at Hartford, the ninth Day of May, Anno
Domini, One thousand feven hundred and twenty-three.

An Act for the better establishing and Confirmation of the Ti

tles of Land anciently obtained in Townships, according to `the manner or custom heretofore used; and for preventing contentions about the fame.

WHE

HEREAS it was anciently cuftomary for Towns to be fettled, and the Lands in them contained, to be difpofed of, by Divifion, or otherwise, to particular Perfons, or fpecial ufes by the Inhabitants of the faid Towns in Town Meeting affembled; after which cuftom or manner, particular Perfons Preamble. obtained to themselves certain Quantities of the faid Land, which they held and difpofed of as their own proper Eftate of Inheritance; and other Quantities, or Parcels of the faid Land in fuch Towns which remained in Common, without being divided or difpofed of to any Perfon or Ufe whatsoever, were ftill confidered and allowed to be in the difpofition of the said Inhabitants affembled in fuch Town-Meetings, by the major Vote of thofe present.

And whereas it was afterwards thought needful that the Properties and Eftates obtained in the aforefaid Manner or Custom within our Townships, fhould 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, (inafmuch as his Majefty King CHARLES the Second, had under the Great Seal of England, granted the whole Tract of Land, comprehending faid Townships, tô the Governor and Company of this Colony) that the Proprietors of fuch Eftates fo obtained and held by vote and confent of fuch Towns in their Meetings, might be thereby furnished with unconteftible Evidence of their having and holding the fame under the Crown of Great-Britain.

By means of which deeds or Patents fo granted to fuch Perfons, who were alfo according to the ancient custom or manner of difpofing of Lands in our TownMeetings, the true and lawful Owners and Poffeffors of fuch Eftates, the said Lands which they held in fuch Towns, either in severalty or in common, be came both by custom, and by Seal of this Colony, an undoubted lawful Estate of Inheritance, to them and their Heirs ; and the undivided and common Lands in fuch Towns, fach Proprietors might have divided immediately among them. felves, or otherwise difpofed of agreeably both to the ancient Custom, and the Title ratified and confirmed by the faid Deeds or Patents, and not suffered any other Perfons to have any Part in them or any Right or Title to vote or act in the dividing or difpofing of fuch common Land.

And whereas notwithstanding the said Deeds or Patents obtained, the Proprietors of fuch Common Lands, who had according to the antient custom such an Eftate in them, that they might divide them among themselves, or otherwife difpofe of them; and had also obtained by Patent a Grant and Confirmation of the Estate which they had in thofe common Lands, as well as in their

118

Grants, &c. of Lands, heretofore

made at town

meetings, to be good and

valid.

And to be

Lands.

particular Properties, to themfelves and their heirs forever, by Virtue of which they had just Power and Right to act and do by way of dividing or difpofing of fuch common Lands without fuffering any other Perfons who fhould afterwards become Inhabitants of the faid Towns, to be concerned and a& with them therein; the faid Proprietors did for a confiderable number of Years in many of our Towns, truly confent and agree that the faid common Lands might in whole or in part be actually divided or difpofed of by the major Vote of the Inhabitants of fuch Towns in Meeting affembled, and did themselves act and vote with others in fuch Town Meetings, in the dividing and difpofing of fuch common Lands, by means of which Acts and Votes many Perfons have obtained particular Eftates to themselves, which if they should be called in Queftion and defeated because not obtained by the fole Act of the faid Proprietors, would be contrary to the true intent and meaning of the faid Proprietors, and prove very prejudicial to thofe Perfons or their Heirs, who have been brought into them with the real Confent of the faid Proprietors, by which real Confent, faid Proprietors, and all that hold under them, ought to be eftopped and barred against all Pretenfions or Pleas of Right which they may alledge to the contrary.

BE

E it therefore enated by the Governor, Council and Representatives in General Court affembled, and by the Authority of the jame, That all fuch Grants, Divifions, or Difpofitions of fuch common Lands, made according to ancient Custom in any Town Meetings, fhall be held and taken to be good and lawful, to all Intents, and as effectual in Law as if the full and ample Confent of the said Proprietors had been in any other Way than by fuch their Acting or real Confent obtained; and all Eftates in Land obtained and holden in fuch Manner by the Votes and Acts of Town-Meetings, as well fince as before the Confirmation of the Proprietors in fuch Towns, in their Eftates there, by Patent under the Seal of this Colony, as aforefaid, are hereby declared to be.

And it is bereby enacted, That they fhall be accepted and taken to be good held fuch, as and lawful Eftates to fuch as fo have and hold them, as they might or could be if the Confent of the faid Proprietors in the granting of them could be proved under the Hand and Seal of fuch Proprietors.

if, &c.

Undivided

lands to be long to the proprietors.

Proprietors

to meet, &c. chufe a Clerk

&c.

And it is bereby also further Declared and Enacted, That whatsoever Part or Intereft the aforesaid Proprietors, by Cuftom as well as Deed, have in any common or undivided Lands in any Towns, which they have not by their free Confent as before expreffed, or otherwise, disposed of, or suffered to be di vided or difpofed of, is and fhall be allowed, and taken to be their proper Estate: And that no Person whatsoever by becoming an Inhabitant of fuch Town, or by any other Means against or without the Confent of fuch Proprietors, shall be taken or esteemed to have any Estate, Title, Right or Intereft therein.

And all fuch Proprietors of any remaining common or undivided Lands in any Town or Place whatsoever, or fuch as legally represent them, are hereby allowed to have their Meetings in fuch refpective Towns, to choose their Clerk, to enter and record their Votes and Doings, who fhall be sworn before an Affiftant or Justice of the Peace: And all Records of their Votes and Doings, attefted by him, be admitted as lawful Evidence. And the faid Proprietors in fuch Meetings, fhall have full Power (after the ancient Custom and Manner in Towns) by their major Votes in fuch their Meetings, (to be reckoned according to their Intereft in fuch Common Land) to regulate, improve, manage and divide fuch Common Land, in fuch Manner and Propor tion as they shall fee good.

Provided, That where the Proprietors in any Town have by any Vote of theirs upon Record in their Town, obliged themselves to act for the future, in any other Method in dividing the undivided Land in fuch Townships, fuch Vote being the Act of faid Proprietors, fhall be and remain valid and binding against fuch Proprietors, and their Heirs; and the undivided Lands referred to in faid Vote, divided and held according to fuch Vote; any Thing in this Aft to the contrary notwithstanding.

Provifo

Alfe provided, That this A&, nor any thing therein contained, shall not be taken to intend that any Power is given to any Proprietors to divide and set out Provifé. any Lands fequestered for Towns Commons.

An Act for enabling part of the Executors of Wills to fell Lands devised to be fold, where part of them refufe Executorship.

ÏÎ’HERE AS Lands and Tenements are by fome Persons in their loft Wills and Teflaments, devised to be fold by their Executors after their Deceafe, for payment of Debts, Legacies, or other Ujes.

And whereas it fome Times happens that part of the Executors named by luch Teftator, refufe Executorship; whereby it becomes very difficult, if not impractica ble to fulfil faid Wills; part of jaid Executor's not having sufficient Power in Law ro fell jaid Lands jo devifed, as uforejaid.

For preventing all Difputes and Controverfies that might hereafter arife concerning the Validity of fuch Sales:

È it Enacted, Resolved and Declared, by the Governor, Council and Represen

BE

Preamble.

tatives, in General Court affembled, 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 fuch Teftator, fhall be as good and effectual in altho', &e. the Law, where part of the Executors refufe as aforefaid, as if those who so refufe had joined in the Sale of fuch Lands or Tenements.

Provided, This Act extend not to confirm any Sales of Lands or Tenements made, or that fhall be made by any Executor or Executors otherwife than according to, and in fulfilment of the Will of their Teftator, allowed and approved in Court: But that all Sales, Alienations, Act or Acts of any Executor or Executors tending to the Prejudice or Deftraction of the Right of any Legatees. to any Lands or Tenements made otherwite, fhall be and remain vold, and of no Force in the Law, as they were before the making of this A&t.

At a General Affembly held at New-Haven, on the tenth Day of October
Anno Domini, One thousana jeven hundred and twenty three.

An Act in addition to an Act, made and paffed in the General
Affembly held at Hartford, on the ninth Day of May laft, in-
titled, "An Act for the better Establishing and Confirmation
of the Titles of Land, anciently obtained in Townships, accord-
ing to the Manner or Custom heretofore used; and for prevent-
ing Contentions about the fame."

WHEREAS it is in jaid A provided, That all fuch Proprietors of any re'maining common or undivided Land in any Town or Place whatsoever,

S

Provifo.

Preamble.

Five Proprietors may obtain a meet

ing to be called.

Proprietors power to cail

their meet

ings.

Clerk to take an oath.

The form of the oath.

'reamble.

Eftates fettled according to former cuitom valid.

or fuch as legally reprefent them, are hereby allowed to have their Meeting. in fuch refpective Towns, to choose their Clerk, to enter and record their • Votes," &c.

And whereas there is no Direction given in jaid Act for their regular calling together fucb Proprietors-Meeting:

I'

TT is therefore enacted by the Governor. Council and Reprefentatives in General Court embled and by the Authority of the jame, That when and to often as any five (or more) of the Proprietors of fuch Common, or undivided Lands fhall judge a Prietors Meeting to be neceflary, they making Application to an Auftant, or a Justice of the Peace within the County wherein fuch Lands lie, for a Warrant for the calling of a Meeting of the Proprietors, expreffing the Time, and Place, Occasion, and Bufinefs of the Meeting that fuch Affilant, or Jaftice is hereby impowered to grant a Warrant for fech Meeting accordingly, directed to one of the Proprietors afking the fame : requiring faid Proprietors to warn all the Proprietors refiding in faid Town-hip, of the Time, Place, and Occafion for fad Meeting, at leaft fix Days before faid Meeting; and alfo to fet up a Notification in Writing, posted up in fome public Place under the Hand of fuch Affiftant or Judice, at least twenty Days before fuch Meeting, together with the Time,.Place, and Occasion thereof: Which Warning and Notification made and given according to faid Warrant, fhall be deemed fufficient Warning of a Proprietors Meeting according to faid Act.

And the Proprietors in any lawful Meeting fo affembled, fhall have full Power to agree upon any other Way or Method for warning their faid Meeting for the future, as they think fit.

And the Proprietors Clerk fhall take the following Oath.

"HEREAS you N. C. are chofen Clerk of this Propriety, You fwear by the Name of the ever-living GOD, that you will truly and faithfully attend and execute the Place and Office of a Proprietors Clerk for the faid Proprietors, according to your belt Skill, and make Entry of all fuch Vores as fhall be made according to Law, and deliver true Copies of the fame when they shall be required of you, taking only your juft Fees. So help you GOD.

An Act for preventing the Sales of the real Eftates of Heireffes, without their Confent.

Whereas in the first Settlement of this Colony, Land was of little Value, in Comparijon, with what it is now; by which Means it became a general Cufiom, that the real Estate of any Perfon which either by. Defcent or by Will, became the Eftate of his Daughters, whether they were lefed of it at the Time of their Marriage; or whether it defcended or came to them during their Coverture, became thereby the proper and fole Eftate of their Husbands, and might be by him alienated or difpojed of without the knowledge or confent of fuch Wives; and a great number of Eftates having been thus fettled, jo remain to this Day.

"And whereas by reason of the present Value, Ujefulness and Security of real E/tate, the suffering of juch a Custom any longer to obtain would be attended with much Inconveniency and Wrong, although for the Time pass'd the Custom which has obtained ought to be bolden good.

BE

E it therefore enacted by the Governor, Council and Representatives, in General Court ajembled, and by the Authority of the fame, That all Eftates