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deed of houses and lands, brought to him to record, note Noting of deed thereon the day, month and year, when he received the for record. same, and the record shall bear the same date. 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 torney. recorded with the deed.

Record of

power of at

SECT. 10. No lease of any houses or lands for life, or Leases to be in any term of years, exceeding one year, shall be accounted writing: 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 subscribed; by two subscribing witnesses, and acknowledged before witnessed; a justice of the peace, and recorded at length in the re- ed; and records of the town where such estate lies.

corded.

void.

SECT. 11. All grants, deeds or conveyances of lands Deeds of land from Indians, without the consent and approbation of the from Indians, 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, lands of Inwithout their confirmation, make any sale or settlement dians, prohibon the same, he shall incur a penalty of one hundred and ited. sixty-seven dollars to the treasurer of the state.

Purchasing

SECT. 12. All deeds of bargain and sale, leases or Deeds of land other alienations, in fee, for life, or years, or any term by persons whatever, of lands or tenements, of which the grantor, ousted of poslessor, vendor, or person executing such instrument, is session, void. 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 instrument in writing, under his hand, to alien Penalty for atlands or any tempting to tenements, of which he is ousted, and every person who make, or reshall receive such conveyance, not being in the actual ceiving, such possession of the lands or tenements attempted to be conveyance. 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- Partition of ments, as joint tenants, tenants in common, or coparcen- lands. 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 Power of court power of the court to give or refuse costs to the plaintiff as to costs. or plaintiffs, and to give costs to the defendant or defend

Committee to make partition.

Deeds of mar

ried women,

Proviso as to deeds prior to

1723.

And

ants, as shall appear to be just and reasonable.
when there is a judgment that the defendant or defend-
ants 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 how executed. 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.

Power of the surviving or acting execu

tor of two or

more execu

tors, to sell and

convey.

Proviso.

CHAP. II.

An Act enabling the proprietors of common and undivided Lands, to manage and dispose of the same.

SECT. 1.

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E it enacted by the Senate and House of Representatives, in General Assembly convened, Certain grants and divisions That all grants, divisions and dispositions of common of common lands, made according to ancient custom in town-meetlands, validat- ings, and all divisions of common and undivided lands,

ed.

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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 following oath, before a justice of the peace, to wit:"Whereas you N. C. are chosen clerk of this propriety, Formof clerk's you swear, that you will truly and faithfully execute the oath. 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 Jawful evidence.

meetings.

com

SECT. 2. And the proprietors, in such meetings, shall Power of prohave power, after the ancient manner and custom in prietors in towns, by their major vote in such meetings, to be computed according to their interest in such lands, to regulate, manage, use and divide such common land, in such manner and proportion as they shall think proper: Pro- Proviso, as to vided, that this act shall not be taken to intend, that power town is given to any proprietors to divide and set out lands mons. sequestered for town commons. Provided also, that Proviso, valiwhere the proprietors have, by any vote upon record, in dating former 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.

votes.

SECT. 3. The proprietors of common and undivided Power to lay lands, in any town, are fully empowered, at a legal meet- taxes. 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 To appoint same, who are vested with the same powers as the col- collectors. 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 To exchange lawful meetings, to make exchange of any of the common lands for highland, for needful and convenient highways in said town, ways. 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 entered 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 Former exassigns forever: and all exchanges heretofore made for changes valithe use aforesaid, shall be held to be good and valid.

dated.

SECT. 5. When any five or more of the proprietors of Meetings, how such common and undivided land shall judge a proprie

called.

Proviso.

Howencroachments shall be removed, and prevented.

Power of proprietors to transfer lands to the town.

Proprietors' records may

tors' meeting to be necessary, they may apply to a justice of the peace, within the county where the lands lie, for a warrant to call a meeting of the proprietors, expressing the time, place, occasion, and business of such meeting; 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 successively, 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 warning 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 proprietors 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 remove 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 removing 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 persons 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 valid.

SECT. 8. The records of proceedings, kept by the proprietors of common and undivided lands, may, by their

clerk.

order, be deposited with the town-clerk in the town where be deposited the lands lie, and where they lie in several towns, with with townthe 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 re quired, which shall be legal evidence.

CHAP. III.

An Act prescribing a summary process, to enable the owners of Lands, Houses, or other Buildings,to recover Possession.

SECT. 1.

BE

Lessor to give notice to quit. thirty days'

E 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 Form of nopossession of the land, house [apartment, store, &c. as tice. 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 Duplicates to be delivered to the lessee, or left at his place of residence, be made. in the presence of at least one credible witness. And if,

at the expiration of the thirty days, the lessee shall neg- Justice, &c. to lect or refuse to quit his possession of the premises, any issue a sumjustice of the peace in the town in which the said leased mons to lessee. 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;

facts.

and also, to summon a jury of six disinterested freeholders To issue a veof the town, to enquire whether the possessor is the lessee nire. of the complainant, and holds over the term of the lease, Jury to find 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 complainant, the said justice of the peace shall render judg

Justice, &c. to render

judgment, &c.

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