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deed of houses and lands, brought to him to record, note
thereon the day, month and year, when he received the
same, and the record shall bear the same date. And
when the register or town-clerk of any town, shall have
received a grant or deed of lands to be recorded, he shall
not deliver up the same to the parties, or either of them,
till it has been recorded. And where deeds are executed
by a power of attorney, such power of attorney shall be
recorded with the deed.
sect. 10. No lease of any houses or lands for life, or
any term of years, exceeding one year, shall be accounted
good and effectual in law, to hold such houses and lands,
against any other person or persons whatsoever, but the
lessor or lessors, and their heirs only, unless such lease
be in writing, and subscribed by the lessor, and attested
by two subscribing witnesses, and acknowledged before
a justice of the peace, and recorded at length in the re-
cords of the town where such estate lies.
sect. 11. All grants, deeds or conveyances of lands
from lndians, without the consent and approbation of the
general assembly, shall be utterly void; and if any person
shall purchase lands of the Indians, without licence from
the general assembly, or having so purchased, shall,
without their confirmation, make any sale or settlement
on the same, he shall incur a penalty of one hundred and
sixty-seven dollars to the treasurer of the state.
sect. 12. All deeds of bargain and sale, leases or
ether alienations, in fee, for life, or years, or any term
whatever, of lands or tenements, of which the grantor,
lessor, vendor, or person executing such instrument, is
ousted, by the entry and possession of some other person,
unless made to the person in actual possession, shall be
void : and every person, who shall attempt, by an instru-
ment in writing, under his hand, to alien any lands or
tenements, of which he is ousted, and every person who
shall receive such conveyance, not being in the actual
possession of the lands or tenements attempted to be
conveyed, shall forfeit one half of the value thereof; one
half of which forfeiture shall be to the informer, who
shall sue for and prosecute the same to effect, and the
other half to the treasurer of the state.
sect. 13. All persons who hold any lands or tene-
ments, as joint tenants, tenants in common, or coparcen.
ers, may be compelled, by writ of partition, to divide the
same, when they cannot agree to make partition among
themselves: provided, that when the judgment shall be
that the defendant or defendants apart, it shall be in the
Noting of deed for record.
Record of power of attorney.
subscribed; witnessed; acknowledged; and recorded.
Deeds of land from Indians, void.
Purchasin lands of Indians, prohibited.
Deeds of land by persons ousted of possession, void.
Penalty for attempting to make, or receiving, such conveyance.
power of the court to give or refuse costs to the plaintiff “"“”
or plaintiffs, and to give costs to the defendant or defend
Deeds of mar-
Proviso as to deeds prior to 1723.
Power of the surviving or acting executor of two or more executors, to sell and convey.
Certain grants and divisions of common lands, validated.
Proprietors of common and undivided lands may hold meetings, and appoint a clerk.
ants, as shall appear to be just and reasonable. And when there is a judgment that the defendant or defendants do apart, the court shall have power to appoint a committee to make partition.
sect. 14. All deeds, or other conveyances, of the real estate of married women, executed by them jointly with their husbands, under their hands and seals, and by them acknowledged, as is required by law, and duly recorded, shall be valid and effectual to transfer such real estate : and all deeds and conveyances, by the husband alone, of the real estate of the wife, without her consent, expressed by joining him in the deed, shall be void, so far as it respects the wife : Provided, that all deeds and conveyances, by the husband alone, of the real estate of the wife, without her consent, prior to the year one thousand seven hundred and twenty-three, shall be good and valid.
sect. 15. When any testator directs, by his last will and testament, lands to be sold, by his executors, for the payment of debts, legacies, or other uses, and appoints several executors, part of whom refuse executorship, or die before such lands are sold and conveyed; in such case, the acting or surviving executor or executors, shall have power to sell and convey, in as ample a manner as if all the executors had joined in the sale and conveyance of such lands, according to the true intent of the testator, expressed in his will, allowed and approved by the court of probate : provided any sale or conveyance made otherwise shall be void.
An Act enabling the proprietors of common and undivided Lands, to manage and dispose of the same.
SECT. 1 B'. it enacted by the Senate and House of Rep
* - - - - resentatives, in General Assembly convened, That all grants, divisions and dispositions of common lands, made according to ancient custom in town-meetings, and all divisions of common and undivided lands, made by the proprietors of towns, shall be good and effectual in law; and whatever part or interest such proprietors have in any common and undivided land in any towns, not disposed of, shall be allowed and taken to be their proper estate. And such proprietors of common and undivided lands in any towns, and such as legally represent them, are allowed and authorised to have their meetings in such respective towns; to choose their clerk,
to enter and record their doings, who shall take the fol-
lowing oath, before a justice of the peace, to wit:—
“Whereas you N. C. are chosen clerk of this propriety,
you swear, that you will truly and faithfully execute the
office of clerk, 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, taking only your lawful fees: So help you God.”
And all records of their votes and proceedings, attested
by him, shall be admitted as lawful evidence.
SECT. 2. And the proprietors, in such meetings, shall
have power, after the ancient manner and custom in
towns, by their major vote in such meetings, to be com-
uted according to their interest in such lands, to regu-
te, manage, use and divide such common land, in such
manner and proportion as they shall think proper: Pro-
vided, that this act shall not be taken to intend, that power
is given to any proprietors to divide and set out lands
sequestered for town commons. Provided also, that
where the proprietors have, by any vote upon record, in
their towns, obliged themselves to act for the future in any
other method, in dividing the undivided lands in such
townships, such vote, being the act of the proprietors,
shall be and remain valid and binding against them, and
their heirs; and the undivided lands referred to in said
vote, shall be divided and held according to such vote.
sECT. 3. The proprietors of common and undivided
lands. in any town, are fully empowered, at a legal meet-
ing, by their major vote, to make a rate, as occasion may
require, to defray the necessary expenses, incurred by
said propriety, and to appoint collectors, to collect the
same, who are vested with the same powers as the col-
lectors of town taxes, and shall make payment of the
money by them collected, to the proprietors appointing
them, or to their order, on the same penalties, and under
the same regulations, as collectors of town taxes.
sect. 4. The said proprietors are empowered, at their
lawful meetings, to make exchange of any of the common
land, for needful and convenient highways in said town,
with any of the proprietors, inhabitants or owners of such
land, as shall be judged most convenient and needful, by
the proprietors aforesaid: which exchanges shall be en-
tered in the proprietors’ book of records, and shall be
held to be good and valid, to the use of the person or
persons receiving the same, and to his and their heirs and
assigns forever: and all exchanges heretofore made for
the use aforesaid, shall be held to be good and valid.
sect. 5. When any five or more .#
such common and undivided land shall judge a proprie-
Power of proprietors in meetings.
Proviso, as to town colnInons.
Proviso, validating former votes.
To exchange lands for highways.
Former exchanges validated.
the proprietors of Meetings, how
Howencroachments shall be removed, and prevented.
Power of proprietors to transfer lands to the town.
tors' meeting to be necessary, they may apply to a jus-
tice of the peace, within the county where the lands lie,
for a warrant to call a meeting of the proprietors, expres-
sing the time, place, occasion, and business of such meet-
ing; and such justice of the peace is empowered to grant
a warrant for such meeting, which shall be published, by
inserting it in some public newspaper, in or nearest the
town in which such lands are situated, four weeks succes-
sively, and also, by posting it on the public sign-post in
such town, at least twenty days before the day appointed
for such meeting; which shall be a sufficient warning
and notice for said meeting : Provided, that where said
proprietors have agreed upon a different mode of warn-
ing their meetings, such mode, or that prescribed by
this act, shall be sufficient.
sect. 6. If any person has, within fifteen years, taken,
or shall take, into his inclosure, any part of common and
undivided land, a committee appointed by the proprietors
of such land encroached upon, which committee the pro-
prietors of common and undivided lands are empowered
to appoint, or any three of such proprietors, are directed
to give notice to the person or persons offending, to re-
move the same, within such time as the committee or
proprietors shall appoint, not exceeding one month after
such notice; and on their neglect, it shall be lawful for
such committee or proprietors to remove the same, and
the person or persons making such encroachment, shall
be liable to pay the expense of throwing down and re-
moving such encroachment, to be recovered by a proper
action, in the name of the committee or proprietors, who
remove the encroachment. And if the person or per-
sons so offending, shall take in the same, or a greater or
less quantity of land, where his fence has been removed
as aforesaid, he shall incur a penalty of seven dollars, for
every such offence, to be recovered in a proper action,
by the committee or proprietors who gave the warning,
one half to the proprietors, and the other half to the
treasury of the county.
sect. 7. The proprietors of common and undivided
lands in towns, in legal meeting, may, by a major vote,
transfer such lands to the town in which they are situated,
and may appoint a committee, or any persons, to execute
proper conveyances, which shall be valid : and when
such votes have been passed, and committees appointed
to execute conveyances, such committees, or a major
part of them, may execute conveyances, which shall be
sect. 8. The records of proceedings, kept by the pro-
prietors of common and undivided lands, may, by their
order, be deposited with the town-clerk in the town where the lands lie, and where they lie in several towns, with the clerk of the most ancient town: and when such porprietors have ceased to hold meetings, any person having the records in his possession, may deposit them with the town-clerk as aforesaid; and in such cases, the town-clerk shall keep the same, and shall give true copies thereof when required, which shall be legal evidence.
An Act prescribing a summary process, to enable the owners of Lands, Houses, or other Buildings,to recover Possession.
SECT. 1. B% it enacted by the Senate and House of Rep.
resentatives, in General Assembly convened, That whenever the owner or lessor of any land, dwellinghouse, or other building, held under a lease, in writing or by parol,shall desire to obtain possession of the same, at the expiration of the lease, or at any subsequent time, he shall give notice to the lessee to quit possession of said land, house, or building, or any apartment of the same, at least thirty days before the expiration of the lease, or before the time when said lessee shall be required to quit possession; which notice shall be in writing, in the form following, to wit:—“I hereby give you notice, that you are to quit possession of the land, house [apartment, store, &c. as the case may be] now occupied by you, on or before the [here insert the day, place, date, and name]”—Of which notice duplicate copies shall be made, one of which shall be delivered to the lessee, or left at his place of residence, in the presence of at least one credible witness. And if, at the expiration of the thirty days, the lessee shall neglect or refuse to quit his possession of the premises, any justice of the peace in the town in which the said leased premises shall be situated, shall have power, on complaint of the lessor or owner, to issue a summons to the lessee, which shall be served at least six days before the time of trial, to appear before him to answer to such complaint; and also, to summon a jury of six disinterested freeholders of the town, to enquire whether the possessor is the lessee of the complainant, and holds over the term of the lease, and whether notice has been given to the lessee according to the provisions of this act, and said lessee holds possession after the expiration of the time therein specified. And in case the jury find these facts in favor of the com
be deposited with townclerk.
Lessor to give thirty days' notice to quit.
plainant, the said justice of the peace shall render judg-judgment, &c.