gifter fhall record every Man's Houfe, and Lands granted and measured out to him, with the Bounds and Quantities of the fame, and date the Time of his entering all fuch Records.

4. And if any Grantor being required by the Grantee, his Heirs or Affigns, to make Acknowledgement of any Grant, Sale, Mort- Grantor refugage, or Bargain by him made, and fhall refufe fo to do, the Gran- fing to acknowledge, &c tee, or his Heirs may enter Caution with the Recorder upon fuch grantee may Houses and Lands as are to him granted, bargained, fold, or enter caution, mortgaged; which Caution fhall fecure the Intereft of the Gran- &c. tee till a legal Trial hath paffed unto a final Iffue according to Law: And the Judgment of the Court being delivered to the Recorder, under the Clerk of the Court's Hand where the Cafe was tried, fhall be his Warrant to record the faid Grant although the Grantor fhall refufe to acknowledge the fame: And a Copy of the fame under the Hand of the Regifter or Town Clerk, and an Affiftant, or Commiffioner, or Juftice of Peace, and one of the Select-men, fhall be a fufficient and legal Evidence to all and eve ry Perfon and Perfons that shall have the fame, to all Intents, Ends and Purposes for the holding of the fame firm to him, his Heirs and Affigns forever.

Always provided, That no Regifler fhall record any Lands to any Perfon except he hold the fame in his own Right, and make appear to the Clerk or Register, that he hath clear Right to those Lands by fufficient Teftimony, quiet Poffeffion, Deed of Gift, or Acknowledgment of the Grantor before the faid Regifter.

it

5. And to prevent Inconveniencies and unneceffary Trouble that may enfue by unwritten, Grants, Bargains, Sales, or Mortgages:

Provifo.

Be it further enacted, That after the firft of May One Thoufand fix Hundred and Sixty-one, all Grants, Bargains, Sales, and Mort- Deeds, &c. to be written, gages made of Houfes and Lands fhall be in Writing and fubfcrifigned and bed by the Grantor, with his own Hand or Mark, unto which witnetled.. Mark his Name fhall be annexed, and alfo attefted by two Wit- Lee 65. neffes, with their own Hands or Marks, unto which Marks their Names fhall be annexed.

Auds of marri to be unde 6. And after the first of September, One Thoufand fix Hundred their hand d and Seventy-three, all Grants and Deeds made of Houles and Lands And acknow fhall be acknowledged before an Affiftant, or Commiffioner, or ledged. Juftice of the Peace.

7. And that no Grant after the Time aforefaid, fhall be accounted compleated according to Law, but fuch as are written, subfcribed, witneffed and acknowledged as aforefaid: And all fuch Grants fhall be recorded according to Law.

Otherwife not

valid.

Town clerks

8. And the Town Clerk or Regifter in each Town in this State; fhall keep the Town Book or Books of their refpective Towns; to keep town and fhall truly enter in the faid Book or Books all Votes of the records. faid Town, Grants of Land, Choice of Town Officers, and other Town Acts and Matters upon his Oath (except when neceffarily abfent) and fhall grant all Copies of the fame as need fhall require, for reafonable Satisfaction.

9. And be it further enalted, That no Grant or Deed of Bargain,

G gg

418

grantor, &c.

unlefs recorded.

Town Clerks.

No deed valid Sale or Mortgage made of any Houfes or Lands within this State, except against from and after the firft Day of March, One Thoufand feven Hundred and Nine, fhall be accounted good and effc&tual in Law to hold fuch Houfes and Lands against any other Perfon or Perfons whatfoever but the Grantor or Grantors, and their Heirs only; unless the Grant, Deed or Deeds thereof be recorded at length in the Records of the Town where fuch Houfes and Lands do lie. 10. And the Town Clerk or Register in every Town in this To bear date State, fhall on the Receipt of any Grant, Deed, Conveyance or the day of re- Mortgage of any loufe or Land brought to him to record, note thereupon the Day, Month and Year when he received the fame, and the Record fhall bear the fame Date.

ceipt.

Said day of receipt to be noted, on penalty of 17 dols. for neglect.

Leafes for hou

any time exceeding one year after the

firft day Sept. to be witnell ed, &c.

11. And it is further enacted, That if any Town Clerk or Regifter within this State, fhall negleft to do and perform his Duty according to the foregoing Paragraph of this Act, and be thereof convicted, he fhall pay a Fine of Seventeen Dollars to the Treafu. ry of the County whereto he belongs for every fuch Neglect.

An Act in Addition to an A&, entitled, An Act concerning Town-Clerks Office and Duty.

[ENACTED IN OCTOBER 1783.]

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

Reprefentatives, in General Court affembled, That fes or lands for no Leafe hereafter made, of any Houfes or Lands, within this State, for Life, or any Term of Time, exceeding one Year, fhall from and after the first Day of September next, be accounted good and effectual in Law, to hold fuch Houfes or Lands against any other Perfon or Perfons whatfoever, but the Leffor, or Leffors, and their Heirs only; unless fuch Leafe be in Writing, and subfcribed by the Leffor, and attefted by two fubfcribing Witneffes, and acknowledged before an Affiftant, or Juftice of the Peace, and be recorded at Length, in the Records of the Town, where fuch Houfes and Lands are.

to be acknowledged, and recorded, &c.

2. And be it further exalled, That no Leafes of Houfes and Lands, already made for Term of Life, or any Term of Time, exceeding Leafes already one Year from the Time of rifing of this Affembly, fhall be good made for life, and effectual in Law, against any other Perfon or Perfons, but the Leffor, or Leffors, and their Heirs; unlefs the fame be recorded in the Records of the Town where fuch Eftate lies, on or before faid firft Day of September next.

or &c. to be recorded.

An Act for recording Conveyances of certain Lands lying on Lake Erie.

[ENACTED IN MAY 1795.]

WHEREAS the General Affembly at their feffion in May, A. D. 1792, granted to Thaddeus Burr, and others, Lalf a Million Acres of

Land lying on Lake Erie, and fundry of faid Grantees, and Proprietors in faid Land, have executed Deeds of Conveyance of their Rights in faid Land, and others interested in faid Grant are defrous to convey their Intereft therein, and no Provifion is made by Law for recording fuch Deeds of Conveyance.

B

upon lake

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That all Deeds conveying any of faid Lands, fhall be recorded in the Town Clerk's Office, Recording in the Town or Towns where the Lofs or Damage of the origindeeds of lands al Grantee, or Grantees, mentioned in faid Grant was fuftained, Erie. by the Town Clerk of fuch Town, in a Book to be by him kept for that Purpose only, and by him to be provided at his own expence, and he to be entitled to his lawful Fees for recording; which Record fhall be of the fame Validity as other Town Records. And all fuch Deeds already executed, when fo recorded as aforefaid, fhall be confidered as if recorded at the Date thereof. Provided the fame are recorded before the firft Day of October

next.

An A&t for the punishment of High-Treason, and other atrocious Crimes againft the State.

PAR. 1.

B'

[ENACTED IN OCTOBER 1776.]

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court aflembled, That if any Perfon or Perfons belonging to, or refiding within this State,

and under the protection of its Laws, fhall levy War against the Treafon defin State or Government thereof, or knowingly and willingly fhall ed. aid or affift any Enemies at open War against this State, by joining their Armics, or by inlifting or procuring or purfuading others to enlift for that Purpose, or by furnithing Enemies with Arms or Ammunition, Provifion, or any other Articles for fuch their Aid or Comfort, or by carrying on a treafonable and treach erous Correfpondence with them, or fhall form or be any ways death. concerned in forming any Combination, Plot, or Conspiracy for betraying this State, into the Hands or Power of any foreign Enemy, or thall give or attempt to give or fend any Intelligence to the Enemies of this State for faid Purpose: every Perfon fo offending, and being thereof convicted, fhall fuffer Death.

Punishment

2. And be it further enacted, That if any Perfon or Perfons fhall endeavour to join the Enemies of this State, or use their Influ- Mifprifion of ence to purfuade or induce any Perfon or Perfons to join, aid, treason, &c. comfort or aflift them in any Way or Manner whatsoever, or

fhall have Knowledge of any Perfon or Perfons endeavouring or

uling their Influence aforefaid, and fhall conceal the fame, fhall

be punished by Fine, according to the Nature of his Offence, How punishet and fhall be imprifoued at the Judgment of the Superior Court, or any of the Gaols in this State not exceeding ten Years,

420

Not bailable

Treasurers.

3. Be it further enacted, That no Perfon accused of any of the Crimes aforefaid, mentioned in this Act, who on Examination be unlefs by the fore proper Authority, fhall be adjudged worthy to be held to Court thathath Trial for the fame, fhall be fet at Liberty on Bail; unless faid jurifdiction of the caule. Bail is taken before the Court that hath Jurifdi&tion of said Caufe; but be committed to Prifon, there to remain until delivered by due Courle of Law.

to pay out mo

An Act for regulating and ordering the public Treaf ure and Treasurers.

Treafurers not PAR, 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That nies without the public Treasure of the State, or any Part thereof, fhall not be proper orders. expended, but by Virtue of the Laws of the State; nor any County Treasure, but by Order of the County Court of that County; nor any Town Treafure, but by Order of the Selectmen or the Inhabitants of the Town.

the ftate are to

2. And be it further enacted, That all Demands against this State, By whom ac- not firft liquidated and allowed by the General Affembly, or by counts against the Governor and Council, or Houfe of Reprefentatives, or Sube liquidated. preme Court of Errors, or by the Superior Court, or by a Court of Common Pleas, by Virtue of fome exprefs Law; fhall be liquidated and fettled by the Comptroller, who fhall give Orders on the Treasurer for the Balances by him found and allowed, before the Treasurer fhall pay the fame: And the Treasurer for the Time being fhall not deliver or pay out any Monies belonging to the State Treafury, to any Perfon or Perfons, unless upon Demands which shall have been fo liquidated and allowed, or upon Orders which fhall have been given in manner aforefaid.

Treafurer to

3. That the faid Treafurer fhall pay out of the public Treasury fuch Sum and Sums as the General Court fhall appoint, and orpay as the gen. der him to pay from Time to Time, fo far as he hath of the pubaffembly order lic Treafure under his Command.

Treafurer to iflue warrants

4. That the faid Treasurer be, and he is hereby empowered and required, at all Times as the Cafe requires, to iffue forth his Warrants to the Sheriff or Conflable, for the levying of all fuch Fines to collect fines and Forfeitures as fhall be due from any Perfon or Persons to the public Treafury of this State.

&c.

Receipts when to be taken.

In cafe of impreffment certificate to be obtained.

5. That upon all Payments made of any of the State's Debts by the Treafurer, or by any Conftable or other Officer appointed to do the fame, the faid Treasurer, Conftable, or other Officer, fhall take Receipts of the Perlons to whom fuch Payments are made, for the Sums fo paid.

6. That when any Perfon is impreffed, or has any Thing impreffed from him for the Service of the State, or is called to any Service in the fame, he fhall, within the Space of ten Days next after the Service done, or Thing impreffed from him, apply himfelf to the Authority by whofe Warrant fuch Imprefiment was made, or to the Office, who impreffed fuch Thing for a Certifi

Treasurers.

cate under his Hand, (who are hereby required upon fuch Application, forthwith to grant fuch Certificate) therein fignifying the Service fo done, the Time spent therein. and the true Value, as near as may be, of whatever was impreffed from fuch Perfon, as aforefaid.

421

Without fuck

7. That no perfon fhall be allowed any Bill upon the Treafurer of the State, for any Service done, or for any Thing impreffed certificate, no from him, for the public Service as aforefaid, without producing account to be fuch Certificate, obtained within the Limitation above prescribed. allowed. 8. That the Treafurer of the State fhall render his Accompt, according to fuch Order, and at fuch Time as the General Court fhall appoint.

Treasurer to

account.

Treasurer to

dif

9. And be it further enacted, That the Perfon, who fhall, at any Time, be chofen or appointed to the Office of Treasurer of this give bondwith State, fhall, before he enters upon the execution of his Office, furety, for a give Bond with Surety in the Sum of Sixteen Thoufand Six Hun- faithful dred and Sixty-fix Dollars, to the State, for the faithful discharge charge of his of the Duties of his Office, and to render his Account when re- office, &c. quired; which Bond fhall be taken by the Governor and Council, fhall be registered and kept by the Clerk of the Governor and Council; and fhall be taken to continue in force during the Time that the fame Perfon fhall be re-elected, and continue to exercise the Office of Treasurer.

Always provided, That fuch Treasurer fhall be holden to give new Bonds, whenever the same shall be required by the Governor and Council.

10. And be it further enacted, That each respective County

Provilo.

urers to iflue

Treasurer in this State, be, and he is hereby empowered and re- County treafquired, when and fo often as Need fhall require, to iffue forth his warrants for Warrant under his Hand, directed to the Sheriff or Constable, fines due to for levying all Fines and Forfeitures that are or fhall be due to the county. to the Treasury of the County whereto he belongs, from any Perfon or Perfons whatsoever; and shall render his Account to the Judges of the County Court, when he fhall be thereto requi red by faid Court.

All fines to be

11. That the State and County Treasurers refpectively shall fend forth their Warrants for levying all Fines and Forfeitures levied annualwhereof they fhall have Cognizance, within the Space of one ly. Year after they fhall be impofed by the Court, on the Penalty of forfeiting the Sum of Seven Dollars to the Ufe of fuch Treasury for each neglect.

12. And be it further enacted, That the refpective Town Trea

monies due to

furers in the feveral Towns in this State, fhall have Power to re- Town treasu ceive all fuch Monies as fhall become due unto the refpective rers to receive Towns to which they belong, either by Rates, Fines, Affeffments, towns. or otherwife And fuch Town Treasurers fhall pay and deliver out all fuch Monies as fhall be in their Hands, according to the Order of fuch Towns, or the Select-men thereof, from Time to To pay out. Time, keeping a juft Account of fuch Receipts and Deliveries, and fhall account with the Towns, or Select-men, at least once a

Year.