Clerk to take an oath.

the oath.

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

And whereas there is no Direction given in faid At for their regular calling together fuch Proprietors-Meeting:

IT

T is therefore enacted by the Governor, Council and Reprefentatives in General Court affembled, and by the Authority of the fame, That when and fo often as any five (or more) of the Proprietors of fuch Commor, or undivided Lands fhall judge a Proprietors Meeting to be neceffary, they making Application to an Affiftant, or a Juftice of the Peace within the County wherein fuch Lands lie, for a Warrant for the calling of a Meeting of the Proprierors, expreffing the Time, and Place, Oce on, and Bufinefs of the Meeting that fuch Affiftant, or Juftice is hereby impowered 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 Town-ship, 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, 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.

W

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 The form of and faithfully attend and execute the Place and Office of a Proprietors Clerk for the faid Proprietors, according to your best Skill, and make Entry of all fuch Votes as fhall be made according to Law, and deliver true Copies of the fame when they fhall be required of you, taking only your juft Fees. So help you GOD.

Preamble.

Eftates fet

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

WHereas in the first Settlement of this Colony, Land was of little

Value, in Comparison with what it is now; by which Means it became a general Cuftom, that the real Eftate of any Perfon, which either by Defcent or by Will, became the Eftate of his Daughters, whether they were feifed 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 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 reason of the present Value, Usefulness and Security of real Eftate, the fuffering of fuch a Custom any longer to obtain would be attended with much Inconveniency and Wrong, although for the Time pass'd the Cuflom which has obtained ought to be holden good.

DE

tled accord. BE it therefore enacted by the Governor, Council and Representatives, in General Court aflembled, and by the Authority of the fame, That all Eftates which

ing to former

cuftom valid.

which have been alienated and fettled according to the said Custom shall be, and are hereby declared to be good and valid.

And that for the future, any real Estate, whereof any Woman at the Time of her Marriage is feized as her Eftate of Inheritance, or does during fuch Coverture, become fo, either by defcent or otherwife, fhall not be alienable by her Hufband's Deed, without her Confent, teftified by her Hand and Seal to fuch Deed and Acknowledgement of the fame before an Affiftant or Juftice of the Peace.

And that all Sales or Alienantions of fuch Estate, whether abfolute or conditional, which shall hereafter be made without fuch Confent witnessed and acknowledged, as aforefaid, are hereby declared, and made to be ipfo Fallo, void.

Deeds of real eftate from feme covert, without the

confent of her hufband,

void.

Provided nevertheless, That if any Wife at the Time of fuch Alienation of fuch Eftates to her belonging, did actually refufe to give her Affent to fuch Sale made by her Hufband, that then fhe fhall be understood and A provifo. 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, entituled, An A&t (or Ats) concernVide ing Poffeffion of Houfes, Lands, &c. any Law, Ufage, or Cuftom to the contrary notwithstanding.

4

An Act declaring the Exchange of Lands made by
Towns or Proprietors, to be good and valid.
WHEREAS fome Perfons have in Time paß, moved to several

P. 1118

Towns in this Colony, to exchange Lands with them, for their particular Conveniency: And the Custom bath been for the Town, in Compliance with their Motion, to use no other Formality therein, Preamble. Save 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 unjuft as to retain or re-enter upon the Land proposed 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 said Town, as aforefaid.

Which Injuftice to prevent :

be so

in exchange to towns, or

BE it enacted by the Governor, Council and Representatives, in General Court Lands given affembled, and by the Authority of the fame, That whensoever it shall appear on the Trial of any Cafe, that the Land in Controversy was given, or Turrendered up unto the Town, in Manner as aforefaid, and other Lands fecured to him or them by Grant and Record thereof, as aforefaid, that he who makes Claim thereto, fhall be concluded thereby, and be eftopped from pleading any precedent. Title which he had thereunto; any Law, Ulage or Cuftom to the contrary notwithstanding.

At a General Affembly held at Hartford, on the eleventh Day of May, Anno
Domini, One thousand feven hundred and twenty seven.

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

proprietors, making claim any perfon thereto to be eftopped.

T1 HIS Aembly obferving the growing Inconveniency on this Government by Preamble. 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

122

All fraudu. lent bargains

in fales and

alienations of land, &c. to

be null and void.

Perfons at

tempting to give or receive any fuch fraudu

lent writing, &c.

to make rates

Lands.

the good People in this Government: Which tendeth to their Impoverishment, by the Mifpence of Time and Treasure.

B

Which to prevent :

Eit Enacted and Declared, by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Bargains, Sales, Leafes or other Alienations for Years, Lite, Lives or forever, or for any other Term or Time whatsoever, of any Lands, Tenements or Hereditaments within this Colony, whereof the Leafor, 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 Perfon 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, alieņe 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 whatfoever.

And be it further enacted by the Authority aforejaid, For the more effectual preventing the Mifchief aforefaid, That whofoever fhall attempt by any Inftrument in Writing under his Hand, to alienate any of the Claims or Rights above defcribed, in any fuch Manner as is above declared to be void, and ineffectual in the Law, or fhall receive any Conveyance thereof to him or them; fhall forfeit one half of the Value of the Lands attempted to be alienated, as aforefaid. To be recovered by Bill, Plaint, or Information, in any Court proper to hear and determine the fame: Whereof the one Half fhall be to the Informer that fhall profecute the fame to Effect, and the other half of the Penalty to the Treasury of this Colony.

At a General Affembly held at New-Haven, on the twelfth Day of October,
Anno Domini, One thousand feven hundred and twenty feven.
An Act for enabling the Proprietors of the common and
undivided Lands, (declared, by an Act of this Affem-
bly, made at Hartford, the ninth Day of May, A. D.
1723, to belong to the Proprietors, and not to the
Towns) to make Rates to defray the neceffary Char-
ges arifing in the defending, protecting or managing
the fame: alfo to make Exchanges of faid common
Land for the procuring needful and convenient
High-ways.

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Proprietors of Proprietors the faid Common or undivided Land in any Town in this Colony, are hereto defray ne. by fully impowered at any of their legal Meetings, by their major Vote, to ceffary char- make a Rate or Rates as occafion fhall require, for the defraying the neceffary Charges arifing on faid Propriety, and to appoint Collectors for the gathering in the fame; who fhall be invefted with the fame Power as the Collectors of Town Rates are by Law invefted with, and fhall make Pay

ges, &c.

ment

Lands.

ment of the Money by them collected, to the Proprietors appointing them, or to their Order, on the fame Penalties, and to be under the fame Regulations as the Collectors of Town Rates are.

And it is further enacted by the Authority aforefaid, That the faid Proprietors are hereby fully impowered at their Meetings, as aforefaid, to make Exchanges of any of the common Land, for needful and convenient Highways in faid Town or Place, with any of the Proprietors, Inhabitants, or Owners of fuch Land, as fhall be judged moft convenient and needful by the Proprietors aforefaid, which Exchanges fhall be entred in the faid Proprietors Book of Records, and fhall be held good and valid, to all Intents and Purposes, to the ufe of the Perfon or Perfons receiving the fame, and to his and their Heirs and Affigns forever. And all Exchanges heretofore made for the End aforefaid, fhall alfo be held good and valid to all Intents and Purposes.

123

Proprietors to make ex

changes of the common

land, &c.

Always provided, That the major Part of the Proprietors (to be computed by their Intereft of fuch common and undivided Land) do not proteft against Provifo. fuch Exchange, and enter their Proteft with the Clerk of fuch Propriety within forty Days after fuch Exchange is granted.

At a General Affembly held at Hartford, on the eighth Day of May,
Anno Domini, One thousand feven hundred and twenty nine.

WHereas the Proprietors of fome ancient Towns in this Government,
which were fettled before any Patents were granted out to them,
did agree, or accuftom themselves to divide the common or undivided Preamble,
Lands within their Townships among themjelves, according to the Me-
thods and the Interefts and Proportions, as by themselves were agreed
on or consented 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 Townships, have fold not only Divifions fo obtained, but also a confiderable Part of their Interefts and Proportions 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 thousand feven hundred and twenty-three, entituled, "An Act for the better Establishing and Confirmation of Titles of Land, anciently obtained in Townships according to the Custom here tofore used; and for the preventing Contentions about the fame," dotb effectually quiet and confirm Titles obtained in the Form aforefaid. Whereupon a Question arifes, and is put to this Affembly, namely,

W HETHER Difpofitions of Lands made by the Proprietors of

any Town in this Government, and the Divifions and Interefts A question obtained in the Form aforelaid, be within the Equity of the Act aforefaid a Confirmation of fuch Interefts and Divisions?

RESOLVED by this Affembly in the Affirmative,

Refolved in the affirma tive.

124

Preamble.

Lands. Lafciviousness.

An Act for the preventing Disputes which might arise in the Partition of Lands.

T HIS Aembly obferving that Disputes do or may arise, whereby the Partition of Lands whereof there are many Proprietors, may be very much perplexed for want of a fixed and d-terminate Period wherein the Right and Property of faid Lands are changed from a common to a particular Intereft, by Means of Entries which may be made thereon either by Strangers, or any of the Proprietors in common, after an agreement to make Partition, and before the a&ual Surveys are made and recorded in the feveral Towns where the Lands lie.

E

Which Inconvenience to prevent:

Partition of Bit therefore enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That Partition of the Lands aforefaid, fhall not be deemed and looked upon as perfect and compleat in the Law, until the Surveys, as aforefaid, are actually made and recorded as aforefaid; and fhall be efteemed as an Eftate in common and undivided in the Hands of the Proprietors.

lands not compleat, till furvey'd and

tecorded.

At a General Assembly held in New Haven, on the eleventh Day of Otober, Anno Domini, One Thousand feven Hundred and Thirty-three. An A&t limiting and directing the County Surveyors, respecting their laying out Grants of Lands in Towns. BE it enacted by the Governor, Council and Reprefentatives, in General Court aflembled, and by the Authority of the fame, That whenfoever the County fur- Proprietors in any Town fhall retufe or neglect to choofe Perfons to lay veyors to lay out any Grant of Land heretofore obtained from the Town or Proprietors out grants of of fuch Town, fince the Year of our Lord One Thoufand feven Hundred and Twenty, and not yet laid out; or if fuch Perfons be chofen, and do neglect the Space of one Year, after being defired to lay out any of the Lands aforefaid by the Perfon concerned, then in fuch Cafe, and no other, the County Surveyor of that County in which faid Town fhall lie, fhall (if thereunto required) lay out any fuch Grant; which laying our fhall be good and valid to all Intents and Purposes, as if the Committee chofen, as aforefaid, had laid out the fame.

land when proprietors refufe or ne

glect.

Preamble.

ty of lascivi

ous carriage and behaviour, to be fined, or im prifoned, fent to the houfe

An Act for the Punishment of lafcivious Carriage and
Behaviour.
FOR the preventing of lafcivious Carriage and Behaviour, against and for the
Punishment of which, (in Regard of the Variety of the Circumstances) par-
ticular and exprefs Laws cannot be easily fuited and made.

Therefore,

PE it enacted by the Governor, Council and Reprefentatives, in General Court Perfons guil-Daffembled, and by the Authority of the fame, That the feveral, and refpective County Courts within this State, fhall be, and are hereby impowered and directed to proceed against, and punish fuch Perfons as fhall be guilty of lafcivious Carriage and Behaviour, either by impofing a Fine on them, or by committing them to the Houfe of Correction, or by inflicting corporal Punishment on them, according to the Nature and Aggravation of the Offence, and according to the Discretion of fuch Court: That fuch feasonable and exemplary Punishment may be inflicted-upon Offenders in that Kind, that others may hear and fear.

of correction, or corporally punished.

An