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262

Provifo.

Preamble.

A question.

Refolved in the affirmative.

Preamble.

Lands.

6. Alfo provided, That this Act, nor any Thing therein contained, fhall not be taken to intend that any Power is given to any Proprietors to divide and fet out any Lands fequeftered for Towns Commons.

[ENACTED IN MAY 1729.]

WHEREAS the Proprietors of fome ancient Towns in this Govern
ment, which were fettled before any Patents were granted out to them,
did agree, or accuftom themfelves to divide the common or undivided
Lands within their Townfhits among themfelves, according to the Me-
thods and the Interefts and Proportions, as by themfelves were agreed
on or confent d to; and did not grant their Lands in Town-Meetings,
as fome other Towns in this Colony have done, and have continued to
practice according to their faid ancient Customs in the Divifions of
their common Land from Time to Time to this Day.

And whereas many of the ancient Proprietors in fuch Townfhips,
have fold not only Divifions fo obtained, but alfo a confiderable Part of
their inter fts and rroportions in faid common Land, and thereby the
Purchafers thereof have obtained confiderable Eftates to themfelves, in
the Manner and Form aforefaid.

And whereas fome Doubt hath arifen whether the Law made May
the ninth, One thoufand feven hundred and twenty three, entituled,
"An Act for the better Establishing and Confirmation of Titles of Land
anciently obtained in Townfhips according to the Cuftom heretofore
ufd; and for the preventing Contentions about the fame," doth ef-
fectually quiet and confirm Titles obtained in the Form aforefaid.
Whereupon a Question arifes, and is put to this Affembly, namely,

WHETHER Difpofitions of Lands made by the Proprietors of any.
Town in this Government, and the Divifions and Interests ob-
tained in the Form aforefaid, be within the Equity of the Act aforefaid
a Confirmation of fuch Interefts and Divifions?

RESOLVED by this Affembly in the Affirmative.

An Act in addition to an A&t, made and passed in the
General Assembly held at Hartford, on the ninth Day
of May laft, intitled, " An Act for the better Eftab-
libing and Confirmation of the Titles of Land, ancient-
ly obtained in Townships, according to the Manner or
Custom heretofore used; and for preventing Contentions
about the fame."

[ENACTED IN OCTOBER 1723.1

WHEREAS it is in faid Act provided, That all fuch Proprie'tors of any remaining Common or undived Land in any Town or Place whatsoever or such as legally reprefent them, are hereby

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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 faid Act for their regular calling together fuch Proprietors-Meeting:

PAR. 1. I Tis therefore enacted by the Governor and Council and

Houfe of Reprefentatives in General Court affembled, That when and fo often as any five (or more) of the Proprietors Five Proprie tors may obof fuch Common, or undivided Lands fhall judge a Proprietors tain a meeting Meeting to be neceffary, they making Application to an Affiftant, to be called. or a Juftice 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, Occafion, and Bufinefs of the Meeting that fuch Affiftant, or Juftice is hereby empowered to grant a Warrant for fuch Meeting accordingly, directed to one of the Proprietors afking the fame; requiring faid Proprietors to warn all the Proprietors refiding in faid Township, of the Time, Place, and Occafion for faid Meeting, at least fix Days before faid Meeting and alfo to fet up a Notification in Writing, pofted up in fome Public Place under the Hand of fuch Affiftant or Juftice, at least twenty Days before fuch Meeting, together with the Time, Place, and Occafion thereof; Which Warning and Notification made and given according to faid Warrant, shall be deemed sufficient Warning of a Proprietors Meeting according to faid Act. 2. And the Proprietors in any lawful Meeting fo affembled, Power to call fhall have full Power to agree upon any other Way or Method their meetings for warning their faid Meeting for the future as they think fit. 3. 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 The form of you will truly and faithfully attend and execute the Place and the oath. Office of a Proprietors Clerk for the faid Proprietors according to your best Skill, and make Entry of all fuch Votes as fhall be inade according to Law, and deliver true Copies of the fame when they fhall be required of you, taking only your juft Fees.

WHE

So help you God.

An Act 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.

[ENACTED IN OCTOBER 1784.]

PAR. 1. BE it enacted by the Governor and Council, and Houfe

Clerk to take

an oath.

of Reprefentatives, in General Court affembled, That Mode of callWarrant fhall be obtained from an Affiftant or Juftice tors meeting. ing propriewhere any of the Peace, pursuant to the Directions of faid Act, for calling a Meeting of the Proprietors of fuch common or undivided Lands, the fame, instead of the Mode directed by faid Act, fhall be pub

264

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Preamble.

Lands.

lifhed by inferting in fome public News-Paper, in or nearest the Town where fuch Lands are fituate, four Weeks fucceffively; and alfo by pofting on the public Sign-Poft in fuch Town, at leaft twenty Days before the Day appointed for.fuch Meeting; which fhall be a fufficient Warning and Notice for holding the Lame.

2. And be it further enacted, That the Method provided by this and the aforefaid Act, may be had and taken for the obtaining and calling fuch Proprietors Meeting, any Difficulty or Impediment which may have taken place by Means or in Confequence of any fuch Proprietors having adopted, agreeable to the Liberty of faid Act, any other or different Mode of calling fuch Meetings notwithstanding.

An Act for enabling part of the Executors of Wills to

fell Lands devised to be fold, where part of them refufe Executorship.

WHEREAS Lands and Tenements are by fome Perfons in their laft Wills and Teftaments, devifed to be fold by their Executors after their Deceafe, for payment of Debts, Legacies, or other Ufes.

And whereas it fometimes happens that part of the Executors named by fuch Teftator, refufe Executorship; whereby it becomes very difficult, if not impracticable to fulfil faid Wills; Part of faid Executors not having fufficient Power in Law to fell faid Lands fo devifed, as aforefaid.

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

BE it Enacted, Refolved and Declared, by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That Sales of land all Sales of any Lands or Tenements that have heretofore been by executors, 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 fuch Teftator, fhall be as good and effectual in the Law, where Part of the Executors refufe as aforefaid, as if those who so refuse had joined in the Sale of fuch Lands or Tenements.

Provifo.

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, 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, fhall be and remain 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 Enacted Heireffes, without their Confent.

Ort. $728.

WHEREAS in the firft Settlement of this Colony, Land was of little Value, in Camparifon with what it is now; by which Means it bes came a general Cuftom, that the real Eftate of any Perfon, which either by Defcent or by Will, became the Eftate of his Daughters, whether Preamble. they were feized 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 Hufbands, and might be by him alienated or difpofed of without the Knowledge or Confent of fuch Wives; and a great Number of Eftates having been thus fettled, fo remain to this Day.

And whereas by Reafon of the prefent Value, Ufefulness and Security of real Eftate, the fuffering of fuch a Cuftom any longer to obtain would be attended with much Inconveniency and Wrong, although for the time pafs'd the Cuftom which has obtained ought to be holden good. PAR. 1. BE it therefore enacted by the Governor and Council, and Eftates fettled Houfe of Reprefentatives, in General Court affembled, according to That all Estates which have been alienated and fettled according to the said Custom shall be, and are hereby declared to be good and valid.

former custom

valid.

2. And that for the future, any real Estate, whereof any Wo- Deeds of real man at the Time of her Marriage is feized as her Eftate of Inheri- eftate of tance, or does during fuch Coverture, become fo, either by de- feme covert, by her fcent or otherwife, fhall not be alienable by her Hufband's Deed, husband without her Confent, teftified by her Hand and Seal to fuch without her Deed and Acknowledgement of the fame before an Affiftant or confent. Juftice of the Peace.

3. And that all Sales or Alienations of fuch Eftate, whether abfolute or conditional, which fhall hereafter be made without fuch Confent witneffed and acknowledged, as aforefaid, are hereby declared, and made to be ipfo Fatto, void.

void.

4. Provided nevertheless, That if any Wife at the Time of fuch Alienation of fuch Eftates to her belonging, did actually refufe A provifo. to give her Affent to fuch Sale made by her Husband, that then the fhall be understood and taken to hold the faid Eftate; and neither fhe, nor her Heirs fhall be barred from Recovery of the fame: Provided, They bring an Action for it within the Time

limited by the Law, entitled, An Act (or Alts) concerning poffeffion Vide p. 253. of Houfes, Lands, &c. any Law, Ufage, or Custom to the contrary notwithstanding.

An Act declaring the Exchange of Lands made by Enacted, Towns or Proprietors, to be good and valid.

WHEREAS fome Perfons have in Time paft, moved to feveral Towns in this Colony, to exchange Lands with them, for their particular Cox

M m

bet - 1723.

266

Preamble.

Lands given in exchange to towns, or

proprietors, any perfon making claim thereto to be Ropped.

Preamble.

All fraudulent bargains in fales and alie

nations of land, &c. to be null and void.

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Lands.

venieney: And the Custom hath been for the Town, in Compliance with their Motion, to ufe no other Formality therein, fave only to make an Entry thereof, or of the Land given by them in Exchange, in the Records of the Town: And fome are or may be fo unjust as to retain or re-enter upon the Land propofed by them to be given in Exchange, as aforefaid, having other Lands in Lieu of them to them fecured by the Grant or Record of the faid Town, as aforefaid.

Which Injuftice to prevent:

BE it enacted by the Governor and Council, and House of Reprefen

tatives, in General Court affembled, That whenfoever it fhall appear on the Trial of any Cafe, that the Land in Controverfy was given, or furrendered up unto the Town, in Manner as aforesaid, and other Lands fecured to him or them by Grant and Record thereof, as aforefaid, that he who makes Claim thereunto, fhall be concluded thereby, and be eltopped from pleading any precedent Title which he had thereunto; any Law, Ufage or Cuftom to the contrary notwithstanding.

An Act to prevent Frauds, Quarrels and Disturbances in Bargains, Sales, Leafes or other Alienations of Lands, &c. in this Government.

[ENACTED IN MAY 1727.]

THIS Affembly obferving the growing Inconveniency on this Govern 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 Quiet of the good People in this Government: Which tendeth to their Impoverishment, by the Mifpence of Time and Treafure. Which to prevent:

E it enacted and declared by the Governor and Council, and PAR. 1. Houfe of Reprefentatives, in General Court affembled, That all Bargains, Sales, Leafes or other Alienations for Years, Life, Lives or forever, or for any other Term or Time whatsoever, of any Lands, Tenements or Hereditaments within this Colony, whereof the Leffor, Vendor, Grantor, or the Perfon that doth otherways execute any Inftrument in Writing for the transferring any Right or Title to any Lands, Tenements or Hereditaments to another Perlon or Perfons, the prefent Poffeffor thereof only excepted, is diffeifed or outed of the Poffeffion thereof, by the Entry, Poffeffion and Improvement of any other Perfon or Perfons; 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, alienë from, and in Oppofition to the Title granted by the Royal Charter to this Corporation, and not warranted by the Laws of this Colony, fhall be null and void, and of no Effect in the Law for the transferring and conveying any of the pretended Rights or Titles above defcribed, to any Perfon or Perfons what focver.

2. And be it further enacted, For the more effectual preventing the Mifchief aforefaid, That who foever shall attempt by any In

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