118 Grants, &c. of Lands, heretofore made at town meetings, to be good and valid. And to be held fuch, as if, &c. Undivided lands to belong to the proprietors. Lands. they had in those common Lands, as well as in their particular Properties, to themselves and their heirs forever, by Virtue of which they had just Power and Right to act and do by way of dividing or disposing of fuch common Lands without suffering any other Perfons who should afterwards become Inhabitants of the faid Towns, to be concerned and act with them therein, the faid Proprietors did for a confiderable number of Years in many of our Towns, truly confent and agree that the faid common Lands might in whole or in part be ačtually divided or disposed of by the major Vote of the Inhabitants of Such Towns in Meeting assembled, and did themselves act and vote with others in fuch Town Meetings, in the dividing and disposing of fuch common Lands, by means of which Acts and Votes many Perlons have obtained particular Estates to themselves, which if they should be called in Question and defeated because not obtained by the fole Act of the Said Proprietors, would be contrary to the true intent and meaning of the laid Proprietors, and prove very prejudicial to those Perfons or their Heirs, who have been brought into them with the real Confent of the faid Proprietors, by which real Confent, faid Proprietors and all that bold under them, ought to be estopped and barred against all Pretenfions or Pleas of Right which they may alledge to the contrary. B E it therefore enacted by the Governor, Council and Representatives in General Court assembled, and by the Authority of the same, That all fuch Grants, Divifions, or Dispositions of fuch common Lands, made according to ancient Custom in any Town Meetings, shalbe held and taken to be good and lawful, to all Intents, and as effectual in Law as if the full and ample Consent of the faid Proprietors had been in any other way than by fuch their Acting or real Consent obtained; and all Estates in Land obtained and holden in fuch Manner by the Votes and Acts of Town-Meetings, as well fince as before the Confirmation of the Proprietors in such Towns, in their Estates there, by Patent under the Seal of this Colony, as aforefaid, are hereby declared to be. And it is bereby Enacted, That they shall be accepted and taken to be good and lawful Estates to fuch as so have and hold them, as they might or could be if the consent of the faid Proprietors in the granting of them could be proved under the Hand and Seal of fuch Proprietors. And it is hereby also further Declared and Enacted, That whatsoever Part or Interest the aforesaid Proprietors, by Custom as well as Deed, have in any common or undivided Lands in any Towns, which they have not by their free Consent as before expressed, or otherwise disposed of, or fuffered to be divided or disposed of, is and shall be allowed, and taken to be their proper Estate: And that no Person whatsoever by becoming an Inhabitant of fuch Town, or by any other Means against or without the Confent of fuch Proprietors, shall be taken or esteemed to have any Estate, Title, Right or Interest therein. And all fuch Proprietors of any remaining common or undivided Lands in any Town or Place whatsoever, or fuch as legally represent them, are hereby allowed to have their Meetings in such refpective Towns, to choose their Clerk, to enter and record their Votes and Doings, who shall be fworn before an Afsistant or Justice of the Peace: And all Records of their Votes and Doings, attested by him, be admitted as lawful Evidence. And the faid Proprietors in such Meetings, shall have full Power (after the ancient Custom and Manner in Towns) by their major Votes in fuch their Meetings, (to be reckoned according to their Interest in such Common Land) to regulate, improve, manage and divide fuch Common Land, in such Manner and Proportion as they shall fee good. Provided Lands. Provided, That where the Proprietors in any Town have by any Vote of theirs upon Record in their Town, obliged themselves to act for the future, in any other Method in dividing the undivided Land in such Townships, such Vote being the Act of faid Proprietors, shall be and remain valid and Provifo! binding againft fuch Proprietors, and their Heirs; and the undivided Lands referred to in faid Vote, divided and held according to such Vote; any Thing in this Act to the contrary notwithstanding. Also provided, That this Act, nor any Thing therein contained, shall not Provifo. be taken to intend that any Power is given to any Proprietors to divide and fet out any Lands sequestered for Towns Commons. An Act for enabling part of the Executors of Wills to fell Lands devised to be fold, where part of them refuse Executorship. WHEREAS Lands and Tenements are by fome Persons in their last Wills and 119 Testaments, devised to be fold by their Executors after their Decease, for pay- Preamble. ment of Debts, Legacies, or other Uses. And whereas it sometimes happens that Part of the Executors named by such Teftator, refuje Executorship; whereby it becomes very difficult, if not impracticable to fulfil faid Wills; Part of said Executors not having sufficient Power in Law to sell faid Lands fo devijed, as aforesaid. For preventing all Disputes and Controverfies that might hereafter arife concerning the Validity of fuch Sales: REit Enacted, Refolved and Declared, by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Sales of any Lands or Tenements that have heretofore been made, or hereafter shall be made within this Colony, by any Executor or Executors, being Part of the Executors named by such Teftator, shall be as good and effectual in the Law, where Part of the Executors refuse as aforesaid, as if those who so refuse had joined in the Sale of fuch Lands or Tenements. Sales of land by executors, good & valid, altho', &c. Provided, This Act extend not to confirm any Sales of Lands or Tenements made, or that sha'l be made by any Executor or Executors otherwise Proviso than according to, and in Fulfilment of the Will of their Teftator, allowed and approved in Court: But that all Sales, Alienations, Act 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, shall be and remain void, and of no Force in the Law, as they were before the making of this Act. At a General Affembly held at New-Haven, on the tenth Day of Otober, An Act in addition to an Act, made and passed in the WHEREAS it is in faid Alt provided, "That all fuch Proprietors of any remaining Common or undivided Land in in any Town or Place whatsoever, "or 120 Preamble. Five Proprietors may obtain a meeting to be called. Proprietor's power to call their meet Lands. '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 Direction given in faid Alt for their regular calling together fuch Proprietors-Meeting: IT is therefore enacted by the Governor, Council and Representatives in General Court afsembled, and by the Authority of the fame, That when and fo often as any five (or more) of the Proprietors of fuch Common, or undivided Lands shali judge a Proprietors Meeting to be neceffary, they making Application to an Assistant, or a Justice 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 Business of the Meeting: that such Assistant, or Justice is hereby impowered to grant a Warrant for fuch Meeting accordingly, directed to one of the Proprietors asking the fame; requiring faid Proprietors to warn all the Proprietors refiding in faid Township, of the Time, Place, and Occafion for taid Meeting, at least six Days before faid Meeting; and also to fet up a Notification in Writing, posted up in some public Place under the Hand of such Affistant 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 Act. And the Proprietors in any lawful Meeting fo affembled, shall have full ings. an oath. WHERE And the Proprietors Clerk shall take the following Oath. HEREAS you N. C. are chofen Clerk of this Propriety, You swear 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 shall be made 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. the oath. An Act for preventing the Sales of the real Estates of Preamble. 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 Custom, that the real Estate of any Perfon, which either by Descent or by Will, became the Estate of his Daughters, whether they were feised 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 Estate of their Husbands, and might be by bim alienated or disposed of without the Knowledge or Confent of fuch Wives; and a great Number of Estates having been thus fettled, fo remain to this Day. Eftates fettled according to former cuftom valid, And whereas by Reason of the present Value, Usefulness and Security of real Estate, the suffering of such a Customany 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 bolden good. BE it therefore enacted by the Governor, Council and Representatives, in Geneval Court affembled, and by the Authority of the fame, That all Estates which Lands. which have been alienated and settled according to the faid 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 seized as her Estate of Inheritance, or does during such Coverture, become fo, either by defcent or otherwise, shall not be alienable by her Husband's Deed, without her Consent, teftified by her Hand and Seal to fuch Deed and Acknowledgement of the fame before an Assistant or Justice of the Peace. And that all Sales or Alienations of such Estate, whether absolute or conditional, which shall hereafter be made without such Consent witnessed and acknowledged, as aforesaid, are hereby declared, and made to be ipfo Falo, void. 121 Deeds of real eftate from feme covert, without-the confent of her husband, void. A provifo. Provided nevertheless, That if any Wife at the Time of fuch Alienation of such Eftates to her belonging, did actually refuse to give her Affent to fuch Sale made by her Husband, that then she 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, entituled, An Alt (or Acts) concerning Vide p. 111. Poffeffion of Houses, Lands, &c. any Law, Usage, or Custom to the contrary notwithstanding. An Act declaring the Exchange of Lands made by Towns or Proprietors, to be good and valid.. WHEREAS fome Persons have in Time past, moved to several Towns in this Colony, to exchange Lands with them, for their particular Conveniency: And the Custom bath been for the Town, Preamble, 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 re-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 : BE it enacted by the Governor, Council and Reprefentatives, 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 furrendered up unto the Town, in Manner as aforesaid, and other Lands fecured to him or them by Grant and Record thereof, as aforesaid, that he who makes Claim thereunto, shall be concluded thereby, and be estopped from pleading any precedent Title which he had thereunto; any Law, Ufage or Custom to the contrary notwithstanding. : At a General Assembly held at Hartford, on the eleventh Day of May, An Act to prevent Frauds, Quarrels and Disturbances T in exchange to towns, or proprietors, any perfon makingclaim thereto to be eftopped. HIS Assembly obferving the growing Inconveniency on this Government 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 Preamble the 122 All fraudu lent bargains In fales and alienations of land, &c. to be null and void. Persons attempting to give or receive any fuch fraudelent writing, &c. : Lands. the good People in this Government : Which tendeth to their Impoverishment, by the Mispence of Time and Treasure. Which to prevent : BEit Enacted and Declared, by the Governor, Council and Representatives, in General Court afssembled, and by the Authority of the fame, That all Bargains, Sales, Leases 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 Leafor, Vendor, Grantor, or the Person that doth otherways execute any Instrument in Writing for the transferring any Right or Title to any Lands, Tenements or Hereditaments to another Perfon or Perfons, the present Poffeffor thereof only excepted, is disseised or outed of the Poffeffion thereof, by the Entry, Poffefssion and Improvement of any other Person 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, aliene from, and in Oppofition 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 Perfon or Persons whatsoever. And be it further enacted by the Authority aforesaid, For the more effectual preventing the Mischief aforesaid, That whosoever shall attempt by any Instrument in Writing under his Hand, to alienate any of the Claims of Rights above described, in any tuch Manner as is above declared to be void, and ineffectual in the Law, or shall receive any Conveyance thereof to him or them; shall forfeit one Half of the Value of the Lands attempted to be alienated, as aforesaid. To be recovered by Bill, Plaint, or Information, in any Court proper to hear and determine the same: Whereof the one Half shall be to the Informer that shall profecute the fame to Effect, and the other Half of the Penalty to the Treasury of this Colony. At a General Assembly held at New-Haven, on the twelfth Day of Otober, An Act for enabling the Proprietors of the common and BE E it enacted by the Governor, Council and Representatives, in General Court Proprietors assembled, and by the Authority of the fame, That the Proprietors of to make rates the said Common or undivided Land in any Town in this Colony, are hereto defray neterary char \ by fully impowered at any of their legal Meetings, by their major Vote, to ges, &c. ment |