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6. Also provided, That this Aa, nor any Thing therein contained, shall not be taken to intend that any Power is given to any Proprietors to divide and set out any Lands sequeftered for Towns Commons.



[ENACTED IN MAY 1729.] WHEREAS the Proprietors of fonie ancient Towns in this Government, which were fettled before any Patents were granted out to them, did agree, or accuflom themselves to divide the common or undivided Lands within their Town rits among themselves, according to the Me truds and tho Interests and Proportions, as by themselves were agreed on or confentito ; and did not grant iheir Lands in Town- Meetings, as some other Towns in this Colony have done, and have continued to practice wccording to their faid ancient Customs in the Divisions of their common Land from Time to Time to this Day.

And whereas many of the nncient Proprietors in such Townships, have fuld not only Divisions fo obtained, but also a confiderable part of their inter:fts and rroportions in fuid common Land, and thereby the. Purchasers the roof hav: obtained confiderable Eftates to them felves, in the Manner and Form aforesaid.

And whereas fome Doubt hath arifen whether the Law made May the ninth, One thousand feven hundred and twenty.three, entituled, * An Aet for the better Establifhing and Confermation of Titles of Land anciently obtained in Townships according to the Custom heretofore wfd; and for the preventing Contentions about the fame," doth effeétually quiet and confirm Titles obtained in the Form aforefaid. Whereupon a Question arises, and is put to this Assembly, namely, WHE

LETHER Dispositions of Lands made by the Proprietors of any.

Town in this Government, and the Divisions and Interests obtained in the Form aforesaid, be within the Equity of the A&t aforesaid a Confirmation of such Interests and Divifons ?

RESOLVED by this Affembly in the Affirmative...

A quefion.

Resolved in the affirma. tive.

An Act in addition to an Act, made and passed in the

General Assembly held at Hartford, on the ninth Day of May last, intitled, “ An Act for the better Efablilling and Confirmation of the Titles of Land, anciently obtained in Townships, according to the Manner or Custom heretofore used; and for preventing Contentions. about the same.

CENACTED IN OCTOBER 1723. WHEREAS it is in faid Aat provided, " That all such Proprietors of any remaining Common or undived Land in any Town i or Place whatsoever or such as legally represent them, are hereby

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allowed to have their Meeting in such respective Towns, to
* choose their Clerk, to enter and record their Votes,” &c.

And whereas there is no Direction given in faid Aet for their regu-
tar calling together fuch Proprietors-Aseeting :
Par. 1. I Trion therefore sengeted by the Governor and Council, and

House of Representatives in General Court affembled,
That when and so often as any five (or more) of the Proprietors tors may ob-

Five Proprie-
of such Common, or undivided Lands fhall judge a Proprietors tain a meeting
Meeting to be necessary, they making Application to an Alliftant, to be called.
or a Justice of the Peace within the County wherein such Lands
lie, for a Warrant for the calling of a Meeting of the Proprietors,
expreffing the Time, and Place, Occasion, and Business of the
Meeting : that such Asliftant, or Justice is hereby empowered to
grant a Warrant for such Meeting accordingly, directed to one of
the Proprietors asking the fame; requiring faid Proprietors to
warn. all the Proprietors residing in said Township, of the Time,
Place, and Occalion for said Meeting, at least fix Days before faid
Meeting: and also to set up a Notification in Writing, pofted up
in some Public Place under the Hand of such Assistant or Justice,
at least twenty Days before such Meeting, together with the Time,
Place, and Occasion thereof; Which Warning and Notification
made and given according to faid Warrant, shall be deemed fuffi-
cient Warning of a Proprietors Meeting according to faid Alt.

2. And the Proprietors in any lawful Meeting so assembled, Power to call shall have full Power to agree upon any other Way or Method their meetings for warning their said Meeting for the future as they think fit.

3. And the Proprietors Clerk shall take the following Orth.
W HEREAS you N. C. are chosen Clerk of this Propriety,

You swear by the Name of the ever-living. GOD, that the form of
you will truly and faithfully attend and execute the Place and the oath.
Office of a Proprietors Clerk for the fuid Proprietors according to
your best Skill, and make Entry of all such Votes as shall be inade
according to Law, and deliver true Copies of the fame when they
shall be required of you, taking only your just Fees.

So help you God.

Clerk to take an oath.

An A& in further Addition to, and alteration of an

Act, entitled, An Act for the better establishing and
confirmation of the Titles of Land, &c. made and
paffed in October, 1723.


E it enaĉted by the Governor and Council, and House
Par. 1.


of Representatives, in General Court afsembled, That Mode of call. where


Warrant shall be obtained from an Aslistant or Justice tors meeting, of the Peace, pursuant to the Directions of faid Act, for calling a Meeting of the Proprietors of such common or undivided Lands, the same, instead of the Mode directed by faid Act, shall be pub

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lished by inserting in some public News-Paper, in or nearest the Town where such Lands are situate, four Weeks fucceflively ; and also by posting on the public Sign-Poft in such Town, at least twenty Days before the Day appointed for such Meeting; which shall be a sufficient Warning and Notice for holding the Game.

2. And be it further enacted, That the Method provided by this and the aforesaid A&, may be had and taken for the obtaining and calling such Proprietors Meeting, any Difficulty or impediment which may have taken place by Means or in Consequence of any such Proprietors having adopted, agreeable to the Liberty of faid Act, any other or different Mode of calling such Meetings nota

withstanding. Enacted An Act for enabling part of the Executors of Wills to 5493.

sell Lands devised to be fold, where part of them refuse Executorship

WHEREAS Lands and Tenements are by fome Persons in their la Preamble.

tvills and Testaments, devised to be sold by their Executors after their Decease, for payment of Debts, Legacies, or other Ufes.

And whereas it fometimes happens that part of the Exécutors named by such Teftator, refufe Executorship ; whereby it becomes very difficult, if not impracticable to fulfil faid Wills ; Part of said Executors not having fuficient Power in Law to sell said Lands fo devised, as aforca said. For preventing all Disputes and Controversies that might liereaf

ter arise concerning the Validity of such Sales : B В E it Enacted, Refolved and Declared, by the Governor and Council,

and House of Representatives, in General Court afsembled, That Sales of land all Sales of any Lands or Tenements that have heretofore been good and val. made, or hereafter shall be made within this Colony, by any Exid, altho', &c. ecutor or Executors, being part of the Executors named by such

Testator, shall be as good and effectual in the Law, where Part of the Executors refuse as aforesaid, as if those who fo 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 ExeProvilo:

cutors otherwise than according to, and in Fulfilment of the Will of their Teftator, allowed and approved 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, Ihall be and rémain void, and of no Force in the Law, as they were before the making of this A&t.

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An Act for preventing the Sales of the real Estates of Encited

Heiresses, without their Consent.

Ort: 1729

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PAR. 1:

WHEREAS in the first Settlement of this Colony, Land was of lit-
tle Value, in Camparison with what it is now ; by which Means it bes
came a general Custom, that the real Estate of any Perfon, which either
by Defcent or by Will, became the Eftate of his Daughters, whether Preamble
they were seized of it at the Time of their Marriage ; or whether it
descended or came to them during their Coverture, became thereby the
proper and fole Eftate of their Husbands, and might be by him alienat-
ed or difpofed of without the Knowledge or Confent of such Wives; and
a great Number of Eftates having been thus fettled, fo remain to this

And whereas by Reason of the present Value, Usefulness and Securi-
ty of real Estate, the fuffering of such a Cuftom 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 holden good.


E it therefore enacted by the Governor and Council, and Estates fettled

House of Representatives, in General Court assembled, according to
That all Estates which have been alienated and settled according

former custom

to the said Custom shall be, and are hereby declared to be good
and valid.

2. And that for the future, any real Estate, whereof any Wo- Deeds of real
man at the Tiine of her Marriage is seized as her Estate of Inheri- estate of
tance, or does during such Coverture, become so, either by de- feme covert,
scent or otherwise, shall not be alienable by her Husband's Deed, husband
without her Consent, teftified by her Hand and Seal to such without her
Deed and Acknowledgement of the same before an Afli ftant or consent.
Justice of the Peace.
3. And that all Sales or Alienations of such Estate, whether

absolute or conditional, which shall hereafter be made without
luch Consent witnessed and acknowledged, as aforesaid, are here-
by declared, and made to be ipfo Fa&to, void.

4. Provided nevertheless, That if any Wife at the Time of such
Alienation of such Estates to her belonging, did actually refuse A proviso.
to give her Assent to such Sale made by her Husband, that then
the shall be understood and taken to hold the said Estate ; and
neither she, nor her Heirs shall be barred from Recovery of the
fame : Provided, They bring an Action for it within the Time
limited by the Law, entitled, An A&t (or AEts) concerning polepion Vide p. 253.
of Houses, Lands, 3c. any Law, Ulage, or Custom to the contrary

An A& declaring the Exchange of Lands made by Ennetiek
Towns or Proprietors, to be good and valid.

WHEREAS fome Perfons have in Time pajt, moved to several Towns
ix this Colony, to exchange Lands with them, for their particular Cox-


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venitney : And the Custom hath been for the Town, in Compliance with their Motion, to use no other Formality therein, fave only to make an

Entry thereof, or of the Land given by them in Exchange, in the RePreamble. cords of the Town: And fome are or may be fo'unjust as to retain or

Te-enter upon the Land proposed by them to be given in Exchange, as aforesaid, having other Lands in Lieu of them to them fecured by the Grant or Record of the said Town, as aforesaid.

Which Injustice to prevent :

E it enacted by the Governor and Council, and House of RepresenLands given

tatives, in General Court assembled, That whenfoever it in exchange fhall appear on the Trial of any Cále, that the Land in Controverto towns, or

fy was given, or surrendered up unto the Town, in Manner as proprietors, any person

aforesaid, and other Lands secured to him or them by Grant and making claim Record thereof, as aforesaid, that he who makes Claim thereunto, thereto to be shall be concluded thereby, and be eftopped from pleading any shopped. precedent Title which he had thereunto ; any Law, Ulage or

Custom to the contrary notwithstanding.

An Act to prevent Frauds, Quarrels and Disturbances

in Bargains, Sales, Leases or other Alienations of Lands, &c. in this Government.


[ENACTED IN MAY 1727.] THIS Assembly observing the growing Inconveniency on this GoveraIrtambie.

ment by Means of too many taking in Hand, bearing up or upholding of
Quarrels and Sides ; to the Disturbance of the common Right and the
Peace and Quict of the good People in this Government : Which tend-
eth to their Impoverishment, by the Mispence of Time and Treasure.

Which to prevent :
E it enacted and declared by the Governor and Council, and

House of Representatives, in General Court afsembled, That all Bargains, Sales; Leases or other Alienations for Years, Life, Al fraudulent

Lives or forever, or for any other Term of Time whatsoever, ofany bargains in Lands, Tenements or Hereditaments within this Colony, whereof sales and alie- the Lessor, Vendor, Grantor, or the Person that doth otherways nations of

execute any Instrument in Writing for the transferring any Right land, &c. to be null and

or Title to any Lands, Tenements or Hereditaments to another Poid,

Perlon or Persons, the preient Posleffər thereof only excepted, is diffeised or outed of the Possession thereof, by the Entry, Polo session and Improvement of any other Person or Persons; or that does claim or challenge to have Right or Title to any Lands, Tenements or Hereditaments by Force and Virtue of any Title or Claim, alieña from, and in Opposition to the Title granted by the Royal Charter to this Corporation, and not warranted by the Laws of this Colony, shall be null and void, and of no Effect in the Law for the transferring and conveying any of the pretended Rights or Titles above described, to any Person or Persons whatsoever.

2. And be it further enacted, For the more effectual preventing the Mischief aforesaid, That whosocver Mall attempt by any In

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