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6. Alfo 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 fequeftered 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 accuftom themselves to divide the common or undivided Lands within their Town hits among themselves, according to the Me: thods and the Interefts and Proporrions, as by themselves were agreed on or confent»d 10 ; and did not grant their Lands in Town-Meetings, as some other Towns in this. Colony have done, and have continued to practice according to their fud ancient Customs in the Divisions 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 Divisions fo obtained, but also a confiderable Part of their Interifts and Proportions in faid common Land, and thereby the. Purchasers thereof have obtained confiderable Estates to themfelves, in the Manner and Form aforesaid.
And whereas fome Doubt hath arifen whether the Law made May the ninth, 'One thoufand feven hundred and twenty.three, entituled, “ An A&t for the better Establishing and Confirmation of Titles of Land anciently obtained in Townships according to the Custom heretofore wfed; and for the preventing Contentions about the same," doth efFeEtually quiet and confirm Titles obtained in the Form aforefaid. Whereupon a Question arises, and is put to this Assembly, namely, WHETHER 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& aforesaid: a Confirmation of such Interests and Divisons ?
RESOLVED by this Assembly in the Affirmative.
Resolved in the affirmative.
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 det for the better Exablishing 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 fame.”
'[ENACTED IN OCTOBER 1723.} WHEREAS it is in faid Act provided, " That alt fuch Proprietors of any remaining Common or undived Land in any Town i or Place whatsoever or such as legally represent them, are hereby
* 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 Direētion given in faid Ad for their regular calling together fuch Proprietors- Mleeting? . Par. 1: 17
T is ther-fore enacted by the Governor and Council and
House of Representatives in General Court assembled, That when and so often as any five (or more) of the Proprietors
Five Proprie of such Common, or undivided Lands shall judge a Proprietors tain a meeting
tors may obMeeting to be necessary, they making Application to an Asliftant, 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, expresfing the Time, and Place, Occasion, and Business of the Meeting : that such Aslistant, or Justice is hereby empowered to grant a Warrant for such Meeting accordingly, directed to one of the Proprietors asking the same; requiring said Proprietors to warn all the Proprietors residing in said Township, of the Time, Place, and Occasion for faid Meeting, at least fix Days before faid Meeting : and also to set up a Notification in Writing, pofted up in fome 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 fufficient Warning of a Proprietors Meeting according to faid A&t.
2. And the Proprietors in any lawful Meeting fo 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 Oath. HEREAS
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 said Proprietors according to your best Skill, and make Entry of all such Votes as shall be made according to Law, and deliver true Copies of the same when they shall be required of you, taking only your just Fees.
So help you God.
Clerk to take an oath.
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 passed in October, 1723.
[ENACTED IN OCTOBER 1784.]
E it enated by the Governor and Council, and House Pari 1.
of Representatives, in General Court afsembled, That Mode of call, where Warrant shall be obtained from an Assistant 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
lished by inserting in some public News-Paper, in or nearest the Town where such Lands are situate, four Weeks fuccessively ; 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 fame.
2. And be it further enacted, that the Method provided by this and the aforesaid A&t, may be had and taken for the obtaining and calling such Proprietors Meeting, any Difficulty or İmpediment which may have taken place by Means or in Consequence of any such Proprietors having adopted, agreeable to the Liberty of said Act, any other or different Mode of calling such Meetings nota withstanding.
An Act for enabling part of the Executors of Wills to
fell Lands devised to be sold, where part of them rem fuse Executorship. WHEREAS Lands and Tenements are by fome Persons in their la Wills and Teftaments, devised 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 Exécutors named by such Testator, refuge Executorship ; whereby it becomes very difficult, if not impracticable to fulfil faid Wills ; Part of faid Exécutors not having fufficient power in Law to fell faid Lands fo devised; as aforea faid. For preventing all Disputes and Controversies that might liereaf
ter arise concerning the Validity of such Sales :
and House of Representatives, in General Court assembled, That Sales ofitand 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 effe&tual 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 oë
Tenements made, or that shall be made by any Executor or Exes Provife.
cutors otherwise than according to, and in Fulfilment of the Will of their Teftator, allowed and approved in Court : But that all Sales, Alienations, Act or Ads of any Executor or Executors tending to the Prejudice or Destruction of the Right of any Legatees to any Lands or Tenements made otherwise, Thall be and remain void, and of no Force in the Law, as they were before the making of this Act.
An Act for preventing the Sales of the real Estates of Enaited
Det: 129 WHEREAS in the first Settlement of this Colony, Land was of little Value, in Camparison with what it is now , by which Means it bem came a general Custom, that the real Estate of any Perfon, which either by Defcent or by Will, became the Estate 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 sole Estate of their Husbands, and might be by him alienated or disposed of without the Knowledge or Consent of such Wives ; and a great Number of Estates having been thus settled, fo remain to this Day.
And whereas by Reason of the present Value, Usefulness and Security of real Estate, the fuffering of fuch 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. PAR, 1.
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 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 Time 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, testified 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
void. abfolute or conditional, which shall hereafter be made without luch Consent witnessed and acknowledged, as aforesaid, are hereby declared, and made to be ipfo Fato, void.
4. Provided nevertheless, That if any Wife at the Time of such Alienation of such Estates to her belonging, did actually refuse A provilo. to give her Afsent 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& (or AEts) concerning polleffion Vide p. 253. of Houfes, Lands, &c. any Law, Usage, or Custom to the contrary notwithitanding.
An A& declaring the Exchange of Lands made by Enactiek, Towns or Proprietors, to be good and valid.
bette123 WHEREAS fome Perfoxs have in Time pajt, moved to several Towns in this Colony, to exchange Lards with them, for their particular Cox
tenieney : And the Custom hath been for the Town, in Compliance with their Motion, to use no other Formality therein, 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 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 faid Town, as aforesaid.
Which Injustice to prevent :
Lands given tatives, in General Court assembled, That whensoever it in exchange fhall appear on the Trial of any Case, 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 fecured to him or them by Grant and making claim Record thereof, as aforesaid, that he who makes Claim thereunto; thereto to be fhall be concluded thereby, and be eltopped from pleading any eflopped.
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 Govern Ircambie,
ment by Means of too many taking in Hand, bearing up or upholding of
Which to prevent :
House of Reprefentatives, in General Court aff'embled, That all Bargains, Sales Leases or other Alienations for Years, Life, All fraudulent
Lives or forever, or for any other Term or Time whatsoever, ofany bargains in Lands, Tenements or Hereditaments within this Colony, whereof sales and alie- the Leffor, Vendor, Grantor, or the Person that doth otherways nations of
execute any Instrument in Writing for the transferring any Right land, &c. to
or Title to any Lands, Tenements or Hereditaments to another be null and void.
Perlon or Persons, the present Poffeffor thereof only excepted, is disseised or outed of the Possession thereof, by the 'Entry, Pofi 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, aliene 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 whosoever fall attempt by any In