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May post such persons as do not reform.
Penalty of ten dollars on persons who procureliquor,&c. unless, &c.
Justice of peace to hear and determine, without appeal.
Action not maintainable for liquor sold to posted persons.
Number of jurymen designated for each town; in
formed, the said authority and select-men shall, at their discretion, cause the name of such person to be posted on the several sign-posts in such town, by a certificate under their hands, thereby forbidding all persons to sell any spiritous liquors to such intemperate person; and if, af. ter such notification, any person or persons within such town, (or any person or persons within any other town in this state, who shall have received information of the same) shall sell to, or procure for, any person posted as aforesaid, any spiritous liquors, or be aiding or assisting therein, the person or persons selling or procuring as aforesaid, or aiding or assisting as aforesaid, shall, for every such offence, forfeit and pay the sum often dollars, to the treasury of the town to which such posted person shall belong, unless the person or persons selling or procuring, or aiding or assisting as aforesaid, shall have permission therefor, in writing, subscribed by one of said authority or select-men, therein specifying the quantity permitted to be sold; and any one justice of the peace may hear and determine all breaches of this act; and no appeal shall be allowed in any such case.
sect. 2. No suit shall be had or maintained against any person posted as aforesaid, for any spiritous liquors, sold contrary to this act; and all contracts and securities therefor, entered into by such posted person, with any person or persons within this state, notified as aforesaid, shall be utterly void.
TITLE 55. Jurymen.
An Act prescribing the number of Jurymen for each town in this State.
SECT. 1. B% it enacted by the Senate and House of Rep.
igh Guilford, twenty; Hamden, eight; Meriden, eight; id:
dlebury, eight; Milford, twenty ; North-Haven, eight ;
TITLE 56. Lands.
An Act concerning Lands.
Whereas, by the establishment of the independence of
the United States, the citizens of this state became vested with an allodial title to their lands:
SECT. 1. B” it therefore declared, by the Senate and Allodial pror
House of Representatives, in General As
erty in lands.
sembly convened. That every proprietor, in fee-simple, of lands, has an absolute and direct dominion and property sect. 2. Be it enacted, That the patents of grants of land to the several towns, and to individuals, from the general assembly of the colony of Connecticut, pursuant to the charter of Charles II. shall be sufficient evidence for such towns and individuals to hold the same, to them, their heirs, successors and assigns, forever. sect. 3. All lands, tenements, or other estates, that have been, or shall be, given or granted, by the general assembly, or any town, or particular person, for the maintenance of the ministry of the gospel, or schools of learning, or for the relief of the poor, or for any other public and charitable use, shall forever remain and be continued to the uses to which they have been or shall be given or granted, according to the true intent and meaning of the grantor, and to no other use whatever. sect. 4. No estate in fee-simple, fee-tail, or any less estate, shall be given, by deed or will, to any person or persons, but such as are in being, or to the immediate issue or descendants of such as are in being, at the time of making such deed or will; and every estate, given in feetail, shall be and remain an absolute estate, in fee-simple, to the issue of the first donee in tail.(2) sect. 5. And all grants or devises of an estate in lands, to any person for life, and then to his heirs, shall be only an estate for life in the grantee or devisee.(3) All collateral warranties of lands, made by any ancestor, who had no estate of inheritance in the same, making such warranty, shall be void, as against his heirs.(4) No alien, or person who is not a citizen or inhabitant of this, or any of the United States, shall be capable of purchasing or holding any lands within the state, without special licence from the general assembly. sect. 6. All grants, bargains, and mortgages of lands, shall be in writing, subscribed by the grantor, with his
in the same.(1)
(1) On the discovery of America, a principle was adopted among the nations of Europe, that the territory belonged to the sovereign of the nation to whom the discoverer belonged. As North-America was discovered by a subject of the king of England, that crown claimed a right to the country. James II. made a grant to the Plymouth Company, of that part which comprehended New-England. Connecticut was settled under a right derived from that company, and the title was comfirmed, by the charter of Charles II. in 1662. The government made grants to towns, and individuals; and charters were given to the respective towns, under which the lands have been holden. Our ancestors, however, never claimed an absolute right, in virtue of the royal grant, but merely a right of pre-emption, and never considered the title to be complete, till they had acquired the native right of the aborigines. This they effected by purchase, to nearly the whole of Connecticut; and they never claimed a right by conquest, except to a small portion taken from the Pequot nation. The tenure, by the charter, was declared to be free and common socage; and the only condition was, the payment of one fifth part of the ore of gold and silver, that should be obtained. In 1672, an act was passed, declaring that the lands, granted by the general assembly, to towns or particular persons, should be holden according to the most free tenure of East-Greenwich, in the county of Kent, in the realm of England, according to the charter. This tenure continued during our connexion with the British empire; but on our becoming independent of that government, the tenure ceased to be feudal, and the title became strictly allodial, as it in effect ever had been ; and it was accordingly so declared, by statute, in 1793. In connexion with this subject, it may be proper to subjoin the following remarks, prepared for the title Estates, and omitted in that place, by accident. The first settlers of this country did not adopt the rules of the common law with respect to the descent of real estate, the most distinguished characteristic of which was primogeniture. In the revision of 1672, there is a statute, ordering, that where an person dieth intestate, the select-men shall cause an inventory to be taken, and exhibited into the next county court in that county ; which court shall grant the ad
ministration of the goods and chattels to the next of kin, jointly or severally ; and divide the estate to the wife, if any be, and children or kindred, according to law; and for want of law, according to the rules of righteousness and equity. In the revision of 1702, there was a statute, which enacted, that where a person died intestate, one third of his personal estate should go to his wife forever, and one third of his lands for life; and the residue be divided among his children, and their legal representatives, in equal shares, excepting that the eldest son should be entitled to a double portion; and where there were no children, one half of the personal estate should go to the wife forever, and one third of the lands for life ; and the residue to be equally divided among the next of kin, in equal degree, and their legal representatives; but no representatives to be admitted among collaterals after brothers' and sisters' children. This provision was copied from the 22 and 23 Charles II. called the statute of distributions, excepting that part which gave to the eldest son a double portion, which was copied from the law of Moses. In 1727, a distinction was made between ancestral and purchased estate; and a provision was made, that the whole blood should be preferred to the half blood, in equal degree ; but that the half blood in a nearer degree, should be preferred. This act was omitted in the revision of 1750, and no distinction was then made between ancestral and purchased estate, and noth- . ing was said respecting whole or half blood. But in the revision of 1784, a distinction is made between estates by purchase, and estates derived by descent, gift, or devise from some kindred ; the object of which was, to give ancestralestate to the next of kin, of the blood of the ancestor from whom the estate came ; and estates by purchase, were to go to the next of kin of the intestate, preferring the half blood to relations of a remoter degree, and parents, on failure of brothers and sisters, or their representatives, of the whole blood, to remoter relations. In 1792, the law giving the eldest son a double portion was repealed; and in 1806, an act was passed, directing more particularly, and in a manner somewhat different, the mode of descent of ancestral estate : and the rules of descent became as they now are, except that the clause declaring there should be no representatives
Limitation of estates to pre
The rule in Shelley's case, abrogated. Collateral warranties
at the time of of land, in
among collaterals after brothers' and sis-
(3) By the celebrated rule in Shelley's
Requisites to validity of a deed.
Deeds to be acknowledged, before whom.
Acknowledgment of deeds executed by attorney.
Caution, when and how to be entered.
Deeds to be recorded.
own hand or mark, unto which mark his name shall be