252 lands. Lands. An A&t (or Acts) about the Tenure of Lands. PAR. 1. Tis ordered and enacted, by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That whatfoever Lands have been, or fhall be granted by The tenure of the General Affembly of this Colony, to the refpective Town. fhips, or to any particular Perion or Perfons by the faid Affembly, or by particular Towns, fhall be held to them, their Heirs, Succeffors and Affigns forever, according to the moft free Tenure of Eaft-Greenwich, in the County of Kent, in the Realm of England, according to our Charter Grant. This Act was paffed by the General Affembly, O&tober the tenth, One thousand fix hundred and seventy-two.] 2. And it is further enacted, That all Grants of Land made to aš Lands taken ny particular Perfon or Perions, not yet taken up and laid out, up to be in fui- fhall be taken up in one entire Piece, in a fuitable Form, except by fpecial Liberty from this Court: And that all former Grants that are, or fhall be laid out by Order, fhall be fufficiently boun ded, and fo maintained, to prevent all future Trouble. table forms. This Act was paffed at the Seffions of the General Affembly, May the eighth, One thoufnd fix hundred and feventy-three.] 3. And that every Township's Grants of Lands, as they have been obtained by Gift. Purchase, or oth rwife, 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 hap Py Memory. Be it further enacted, That every Town in this Colony, fhall take out Patents for their faid Grants, of the Governor and ComEvery town to pany; which this Court doth hereby order, fhall be granted to take out a pa- them, for the holding of fuch Tracts of Land as have been for tent. merly, or fhall be hereafter granted to them by this Court, and to their Heirs, Succeffors and Affigns, 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 Ev. idence for all and every Township that hath the fame, to all Intents and Purposes for the holding the laid Lands firm to them, their Heirs, Succeffors and Athigns for ever: The like Courfe may be taken for all Farms granted to any Perlon or Persons whatfoever within this Colony. [The Act next above recited was paffed in the General Affembly, May the fourteenth, One thousand lix hundred and eighty-five.] 4. And for fecuring Eftates given to charitable Ufes: Be it enacted and ordained, That all fuch Lands, Tenements, HeEftates given reditaments and other Eftates, that either formerly have been, or charitable hereafter fhall be given and granted either by the General Affemufes, to remain bly of this Colony, or by any Town, Village, or particular Perfon to those uses. or Perfons, for the Maintenance of the Miniftry of the Gospel in ta any Part of this Colony, or Schools of Learning, or for the Relief of poor People, or for any other public and charitable Ufe, fhall forever remain, and be continued to the Ufe or Ues to which fuch Lands, Tenements, Hereditaments or other Eftates have Free from been, or shall be given and granted, according to the true Intent rates. and Meaning of the Grantors, and to no other Ufe whatsoever; and also be exempted out of the General Lifts of Estates, and free from Payment of Rates. An Act declaring the Tenure of Lands in this State. [ENACTED IN OCTOBER 1793.] WHEREAS, by the Charter of Charles II. the Lands in the them Colony of Connecticut, were holden of the King of England, by the Tenure of Free, and Common Soccage, and by the establishment of the Independence of the United States, the Citizens of this State became wefted with an Allodial Title to their Lands. therefore declared by the Governor and Council, and Houfe of Proprietors of BRepresentatives, in General Court affembled, That every Proprietor and shaveabo in fee fimple of Lands, has an abfolute and direct Dominion, and &c. Property in the same. An Act (or Acts) concerning Poffeffion of Houses, THIS Court being fenfile of the great Trouble and Contention that doth and may arife in this Colony, by Reafon of great Defects that are found in Records, and Alienations of Houfes 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 Righteousness and Justice may be maintained: PAR. 1. E it enacted by the Governor and Council, and Houfe of Preamble. B R-prefentatives, in General Court affembled, That Perfons hav any eftate what Perfon or Perfons foever, that hath either Himfelf, his ing poffeffed Grantee, or Affigns, food poffeffed in his or their own proper from, &c. Right in Fee Simple, of any Houfes or Lands within this Colony, without being interrupted by any Perfon or Perfons laying claim thereunto, and profecuting their Claim in due Form of Law, fome Time betwixt the Publication thereof, and the last of November, One Thoufand Six Hundred and Sixty Eight; fuch Perfon or Perfons fo poffeffed of any Houses, 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 laid Houfes and Lands lie, paying a meet Recompence to the Recorder for his Pains ; and a Record under the Recorder's Hand, and one of the Selectmen of that Town, and an Affiftant or Juftice of the Peace, shall 1 254 Provilo. Lands. be a fufficient and legal Evidence to all and every Perfon and Perfons that fhall have the fame, to all Intents, Ends and Purposes, for the holding of the fame firm to him or them, his or their Heire and Affigns for ever. 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-mentio ed limited Time. [This Act was made May the ninth, One Thousand Six Hundred and Sixty Seven.] 2. And for quieting of Men's Eftates, and avoiding of Suits:.. It is enacted and ordained, That no Perfon or Perfons that now have any Right or Title of Entry into any Lands, Tenements or Time limited Hereditaments within this Colony, now with-held from him or for makingen- them, fhall thereinto enter, but within three Years after the tenth try on land &c of June next, or within fifteen Years next after any other Title of Entry accrue; and that no Perfon or Persons shall at any Time hereafter make Entry into any Lands, Tenements, or Hereditaments within this Colony, but within Fifteen 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, fhall be utterly excluded and difenabled from fuch Entry after to be made. 3. And that all fuch Perfons as have had Right or Title of Entry into, or Caufe of Action for any Lands, Tenements, or Or be forever Hereditaments within this Colony, hitherto detained from him debarred. or them, fince the ninth of May One Thoufand Six Hundred Sixty and Seven past, 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, fhall forever hereafter be utterly excluded and difenabled from fuch Entry or Suit to be made: any former Law, Ulage or Cuftom to the contrary notwithstanding. Provife. 4. Provided nevertheless, That if any Perfon or Perfons that is or fhall be entitled to, or that hath, or fhall have fuch Right or Title of Entry into any Lands, Tenements, or Hereditaments in this Colony, be, or shall be at the Time of the faid Right or Title first defcended, 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&t. So as fuck Perfon or Perfons, or his or their Heir or Heirs, fhall within five Years next after his or their full Age, Discoverture, or coming of found Mind, Enlargement out of Prifon, or coming into this Country of New-England, or Territory of New-York, or Death, take Benefit of, and tue forth the fame, and at no Time after the faid five Years. [The above Act was made May the eighth One Thousand Sin Hundred and Eighty Four.] HERE follow divers other Acts about Lands, and the Titles thereto, with their feveral Dates, and the Times of their being made, viz. An Act for empowering the Courts of Probates 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. [ENACTED IN OCTOBER 1716.] WHEREAS it fometimes happens that real Eftate given by Will, is ordered by the Teftator to be divided among ft two or more Legatees, Preamble. and no Perfon appointed in faid Will for the dividing thereof; or the Perfon appointed may neglect or refufe to make the faid Divifion, or die before he hath made the fame. Bit ap E it enacted by the Governor and Council, and Houfe of Repre- Courts ef freeholders as it fo happens in either of thefe Cafes, it fhall and may be lawful point theee for the Court of Probate in the County where fuch real Estate is, to divide reat to appoint three Freeholders to make a Divifion thereof according estates. to fuch Will, as the Law provides for the dividing Inteftate Eftates. An A&t concerning Purchases of Native Rights to Land. [ENACTED IN MAY 1717.] THIS Affembly obferving many Difficulties and Perplexities ari fing in this Government, by Reafon of many Purchases of Land made Preamble. of Indian Titles, without the preceeding Allowance, or fubfequent Approbation of this Affembly: PAR. I. Which to remove ; It is hereth Enacted and Declared by this Affembly, and No title from Indian pur this Colony can accrue by any Purchase made of Indians, on Pre- chafe, unless tence of their being Native Proprietors thereof, without the Al- &c. lowance or Approbation of this Affembly. 2. And it is hereby Refolved, That no Conveyance of Native Indian Title Right, or Indian Title, without the Allowance or Approbation not pleadable of this Affembly, as aforefaid, fhall be given in Evidence of any in any court, Man's Title, or pleadable in any Court. An Act for the preventing unlawful Entries upon, and [ENACTED IN OCTOBER 1718.] FOR ASMUCH as divers Perfons have prefumed to enter upon, Improve, Difpofe, and make Sale of divers Tracts of Land within the Preamble. Bounds of this Colony, and belonging to the Governor and Company 256 dols. on any perfons who enter on lands before a legal Conveyance. Lands. of the fame, by Grant from the Crown of Great-Britain, under Pretence of their having a Right and Property in the faid Lands, without any legal Conveyance thereof first obtained from this Corporation; whereby many Perfons have been greatly defrauded, great Diforders occafioned. divers Quarrels excited. very confiderable Charge has been, and now is like to be brought upon the Government, and the orderly Settl ment of Plantations fruftrated; Which Mifchiefs are likely to continue, and increafe, unl fi fufficient Remedy be provided. PAR. 1. BF it therefore enacted by the Governor and Council, and Houfe f Reprefentatives. in General Court aff ́mbled, Penalty of 34. That whaticever Prfon or Perfons fhall under any pretence en ter upon any Part of faid Land, claiming Right, or improve, difpofe of, and alienate any Tract or Parcel thereof, before he or they fhall obtain a legal Conveyance from this Corporation of the fame, fhall incur the Penalty of Thirty-four Dollars for every fuch Offence: To be recovered in any of the Courts of common Pleas within this Colony; one Moiety of which Penalty fhall be to the Treasury of the Colony, and the other Moiety to him or them who fhall profecute the fame to effect. ready entered, &c. the like penalty. 2. And whatever Perion or Perfons have entered claiming, and Or having al- improved any Part or Parcel of fuch Land, and fhall continue fo to do, at any Time after one Year next enfuing the Endof the pre fent Seffions of this Affembly fhall be expired, fhall incur the like Penalty for every such Offence: To be recovered and dispo fed of in like Manner; and fo, as often as any of the faid Offences fhall be committed. 3. And it is hereby further declared and enacted, That no Peifon Entry and pof- or Persons shall be taken, or esteemed by any Entry or Poffeffion feffion not whatfoever, to make to him or them a Title to any public Lands, or such as have not been legally conveyed by the Governor and Company of this Colony. make a title. Provifo. Proprietors having loft their bounds, a Freeholders to be chofen, and fworn to 4. Always provided, Nothing in this A&t be conftrued to ref pect any Lands in any Township within this Colony, except in the Township of Afhford. An Act for preventing great Inconveniencies which may happen by the lofs or uncertainty of the Bounds of Land. B [ENACTED IN OCTOBER 1719.] PAR. 1. |