|Pages 401-415||Pages 432-448|
|XVIII. Be it further enacted, by the authority aforesaid, That all writs of formedon in descender, remainder, or reverter, of any lands, tenements, or hereditaments||Limitation of actions real.|
|whatsoever, hereafter to be brought upon any title or cause heretofore accrued, or which may hereafter fall or accrue, shall be sued out within twenty years next after such title or cause of action accrued, and not afterwards; and that no person or persons who now hath, or have, or hereafter may have, any right or title of entry into any lands, tenements, or hereditaments, shall make any entry but within twenty years next after such right or title accrued, and such person shall be barred from any entry afterwards.|
|XIX. Provided nevertheless, That if any person or persons intituled to such writ or writs, or to such right or title of entry as aforesaid, shall be or were under the age of one and twenty years, feme-covert, non compos mentis, imprisoned, or not within this colony, at the time of such right or title accrued, or coming to them, every such person and his or her heirs shall and may, not withstanding the said twenty years are or shall be expired, bring and maintain his action, or make his entry, within ten years next after such disabilities removed, or the death of the person so disabled, and not afterwards.||Exception.|
|XX. And be it further enacted, by the authority aforesaid, That in all writs of right, and other actions possessory, any person may maintain a writ of right upon the possession or seisin of his ancestor, or predecessor, within fifty years, or any other possessory action upon the possession or seisin of his or her ancestor, or predecessor, within forty years, next before the teste of the writ: But no person shall maintain a real action upon his own possession or seisin but within thirty years next before the teste of the writ.||Rules in writs of right.|
|XXI. And that the process in all real actions shall be the same as is used, and have the same effect as in England, except that the returns shall be according to the laws of this colony, but that all essoins, views, and vouchers be, and are hereby taken away; and after one imparlance, unless the tenant shall plead non-enure, joint-tenancy, or several tenancy, in abatement, and then after such plea shall be overruled, he shall put himself upon the grand assize, and the mise shall be joined upon the mere right, and be tried at the next court by sixteen jurors, to be summoned tried and sworn as in all other actions; and to remove all delays and groundless pretences, in saving the default||And process in real actions.|
|of the tenant, no excuse shall be admitted but non summons, and such excuse being allowed, he may imparle, and at the next court hall either plead in abatement, or put himself upon the grand assize, as aforesaid.|
|XXII. And forasmuch as the rights and titles to lands within this colony originally depended upon, or are derived from patents granted for the same, to prevent all controversies concerning the validity of such patents, as have been formerly issued, but are not found among the records in the secretary's office, or not recorded, or for which no rights have been obtained in the manner prescribed by law.|
|XXIII. Be it further enacted, by the authority aforesaid,, That all patents for any lands within this colony, granted before the first day of June, in the year of our lord one thousand seven hundred and ten, by the governor or commander in chief of this dominion, for the time being, shall be held, deemed and taken, and are hereby declared to be, to all intents constructions and purposes, as firm valid and available in law, to convey and assure the lands therein granted to such person and persons respectively, as the same shall have been granted unto, and to their heirs and assigns forever, as if such patents had been duly recorded, and as if the rights had been paid for the same.||Confirmation of patents granted before June 1, 1710.|
|XXIV. And that when any patent for land shall be passed, the secretary of this dominion, for the time being, shall cause the same to be recorded in his office.||Patents to be recorded.|
|XXV. And whereas by a proviso in every patent for land the patentee is obliged, within three years next after the date of his patent, to seat plant and cultivate the lands so to him granted: For the better explanation thereof,|
|XXVI. Be it further enacted, by the authority aforesaid, That if upon any new survey of lands before granted to any person, a greater quantity of land shall be found within the bounds expressed in the patent, than therein is mentioned and set down, it shall be lawful for the proprietor and possessor of such land, for the time being, to sue forth a new patent for the same lands, wherein the just quantity of land shall be more exactly expressed, yet nevertheless such person||Surplus land shall be granted to the patentee, or his assigns.|
|shall not be obliged to any new seating, planting, or cultivation, notwithstanding such proviso in his new patent.||But no new seating required.|
|XXVII. And that where any person hath heretofore taken up any tract or parcel of land, adjoining to other lands, in his or her possession, and shall have obtained a patent for the same, commonly called a double patent, wherein both tracts are joined, in such case all such patents shall be and are hereby declared to be good and available in law, to confirm the same to such patentee, and those claiming under him or her, being in possession thereof, and to his and her heirs for ever, without any new seating or planting, notwithstanding the proviso aforesaid.||Double patents corfirmed without new seating.|
|XXVIII. And that if any person who now is or hereafter shall be possessed of any tract of land which ought to be seated, planted, cultivated, and improved, according to the directions of this act, shall be desirous to take up one or more tracts of land, adjoining, and shall include all the said tracts in one patent, such lands shall be accounted as one entire tract, and any improvements which shall thereafter be made, according to the directions of this act, on any part of the said tracts, shall be held, deemed, and taken, to extend towards saving of the whole, in proportion to such improvements made thereon.||Improvements on any part of a tract extend to the whole.|
|XXIX. And that where any person heretofore hath, or hereafter shall obtain a patent, for any lands within this colony, and shall fail to seat and plant, or cultivate and improve the same, or to pay the quit-rents thereof, according to the proviso and condition of his patent, and the particular directions of this act, every such patentee shall not only lose the land so to him or her granted, but shall also lose all benefit of the rights upon which he or she obtained such patent.||Patentee failing to pay, &c. or to pay the quit rents as by this act required, loses his land, and rights also.|
|XXX. And be it further enacted, by the authority aforesaid, That no patent shall be granted to any person or persons for any tract or parcel of land, as lost and forfeited for want of seating and planting, or for non payment of the quit rents, until three years shall be expired, from and after the date of the patent granted for the same, or unless there shall be three years quit-rents in arrear, neither shall any patent be granted by reason of such forfeiture, until judgment and certificate thereof obtained from the General|| Lands shall not be lapsed 'till 3 years after the date of the
patent or 'till 3 years quit-rents are arrear.|
Nor without judgment of the General Court.
|Court, in manner following, that is to say: The party desiring such grant of forfeited lands, shall first petition the governor, or commander in chief of this dominion, for the time being, and in his petition shall set forth, in what county the land lies, to whom it was formerly granted, and in whose possession it then is, for what cause the same is become forfeited, and in what county the grantee, or person in possession, resides; and such petitioner shall at the same time file a copy of his petition in the secretary's office, and thereupon the clerk of the said office shall issue a writ, to the sheriff of the county where such grantee, or person in possession, resides, commanding him to summon the said person to appear at the next succeeding General Court, on a certain day thereof, to shew cause why the land petitioned for, and adjudged to be forfeited, for not seating and planting, or for non payment of quit-rents as the cause shall be, may not be granted to the petitioner: Which writ shall be served upon such grantee, or person in possession, by the sheriff or under sheriff of the county where he or she resides, who shall make due return thereof: And if such person be not resident within this colony, then such writ shall be served upon his or her attorney lawfully appointed: and if no such attorney can be found, then a copy of such writ shall be affixed at the door of the court house of the county where the land lies, on five several court days, and also in the court house of the General Court, at three successive courts, and thereafter such proceedings shall be had as if such party had been personally summoned; and where such writ shall be returned, served, if the party summoned, or his attorney, shall not appear, and make sufficient proof, that the land petitioned for, hath been seated and planted, or that the quit-rents thereof, have been duly paid, as the case shall require, then the General Court shall adjudge such lands to be forfeited, and revested in the crown, and shall cause judgment to be entered accordingly, and certify the same to the governor, or commander in chief of this dominion for the time being; and also, that the party prosecuting was the first petitioner for the said land, and hath prosecuted his petition with effect: Which certificate shall intitle him to the land so adjudged and certified to be forfeited, in the same manner, and subject to the same|| Method of petitioning for lapsed land. |
Where the party resides here.
Where not resident in this colony.
Return of summons.
|conditions and provisos, as lands not before patented are subject to: And if there shall happen to be a greater quantity of such forfeited land, than shall be granted to such petitioner, the residue thereof shall be granted to such person or persons as shall petition for the same, in the manner, and subject to the conditions and provisos aforesaid.|| |
|XXXI. Provided always, That if upon trial it shall appear, that the lands so petitioned for, have been seated and planted, at any time before such petition exhibited, tho' not within three years as aforesaid, the same shall be adjudged, and is hereby declared to be a sufficient seating and planting within the meaning of this act; and that when any such petition, as aforesaid, shall be exhibited, the patentee, or party in possession, shall and may reserve to himself so much of the land petitioned for, as shall be proved to have been seated and cultivated according to the direction of this act, and may allot the residue, which shall be found and adjudged to be lapsed, to the petitioner for the same, in any part of the tract in one entire piece.|| Lands saved before petition exhibited, remain to the patentee.
Who may allot the lapsed part, in one piece of his tract, where he thinks fit.
|XXXII. And to the end the lands of infants may not be secured to them from being forfeited, for not seating and planting, or not paying quit-rents:|
|XXXIII. Be it further enacted, by the authority aforesaid, That where any patentee shall depart this life within three years of the date of his patent, without seating, planting, or paying quit-rents, and the right of inheritance shall descend or come to any infant, under the age of one and twenty years, in such case, the sheriff of the county wherein such lands shall lie, may distrain the slaves goods and chattels of such infant, for all quit-rents due from time to time, and if no such distress can be made, or if the lands shall not be seated and planted, yet the same shall not be forfeited, until three years after such infant hath attained his or her full age: But the seating and planting such lands, and paying the quit-rents arrear and due for the same, within the said three years, shall be adjudged and is hereby declared to be sufficient to save such lands from being lapsed and forfeited.||Provisions for securing the lands of infants.|
|XXXIV. And that where any patentee shall die within three years as aforesaid, and the right of inheritance shall descend or come to any person not being||And persons not resident in this colony.|
|then resident within this colony, such person not liable to any forfeiture for not seating and planting, or for non-payment of quit-rents, until the expiration of three years after his or her right accrued.|
|XXXV. And for preventing disputes and controversies concerning lands, alledged to be lapsed for want of seating and planting, which cannot be determined without great difficulty, unless the matter of right be contested within a reasonable time, but otherwise must be of evil consequence to many people and their families, who have been long, and yet are, in quiet and peaceable possession of their lands, but nevertheless may not be able to produce legal evidence of the cultivations and improvements made by their ancestors or predecessors;|
|XXXVI. Be it therefore further enacted, by the authority aforesaid, That after the passing of this act, no petition shall be received, or allowed, for lands supposed to be lapsed, for want of cultivation and improvement, if the same be not exhibited within ten years next after the date of the patent granted for the land, in such petition alledged to be lapsed or forfeited; and that where no petition shall be exhibited within that time, the patentee, and those claiming under him, shall for ever afterwards be held and adjudged to have made a sufficient seating, planting, cultivation, and improvement, to save such land from lapsing.||Petitions for lapsed land shall be brought within ten years.|
|XXXVII. And whereas several persons have sued out and obtained patents for swamps, marshes, and sunken grounds, adjacent to the patented highlands of other persons, and without their consent or privity, to the great prejudice and inconvenience of the owners of such highlands; for remedy thereof for the future:|
|XXXVIII. Be it further enacted, by the authority aforesaid, That no person whatsoever shall take up and patent any swamps, marshes, or sunken grounds, lying contiguous to the patented highlands of any other person or persons, unless the party intending to take up and patent the same, shall first, in the presence of two or more witnesses, have given notice of such his intention, to the proprietors for the time being then in possession of such highland, particularly specifying the lands intended to be taken up, and until one||Rules in suing forth patents for swamps, marshes, and sunken grounds.|
|whole year shall be fully expired, from and after the time of such notice given: And if within that time, the proprietor then in possession shall not obtain rights, and sue forth a patent for such lands, then it shall be lawful for the person or persons, who have given such notice, his, her or their heirs and assigns, to take up and patent the same; in which patent shall be particularly expressed, whether the land thereby granted are swamps, marshes, or sunken grounds, and to whose highlands they are adjoining: And all and every patent and patents, for such lands, heretofore obtained at any time, since the twenty fifth day of October, in the year of our Lord, one thousand seven hundred and ten, or which, at any time hereafter, shall be sued forth or obtained, contrary to the directions of this act, shall be, and is, and are hereby declared to be null and void, to all intents and purposes, as if such patent or patents had never been obtained or granted. And if any controversy concerning such notice, as aforesaid, shall arise within five years after the same ought to have been given, the onus probandi shall lie upon the person who ought to have given notice; but where no such controversy hath arisen, or shall arise within that time, five years possession shall be held and taken as sufficient proof that due notice has been given.|| Patents to such, obtained since October 25, 1710, contrary to
this act void. |
Notice may be controverted within five years, but not after.
|XXXIX. Provided always, That nothing in this act, shall be construed, or extend, to give liberty to any person or persons to take up and patent any swamps, marshes, or sunken grounds, lying contiguous to the highlands of any feme covert, or infant, under the age of one and twenty years, or of any person not being compos mentis, under pretence, or by virtue of notice being given, as aforesaid, either to such feme, infant, person non compos mentis, or to the husband, guardian, or other person then in possession thereof.||Saving to infants, and persons under legal incapacities.|
|XL. And whereas, thro' the ignorance or negligence of surveyors in former times, divers persons have held or hold, within the bounds in their patents expressed, greater quantities of land, than are mentioned in their patents, or deeds, and for which they pay no quit-rents; for quieting such possessions and preventing controversies:|
|XLI. Be it further enacted, by the authority aforesaid, That it shall not be lawful for any person to enter||Rules in entries for surplus lands.|
|for any parcel of land, held of the crown, for or by reason of its being surplus land, until the party intending to take up and patent the same, shall have given notice to the person holding such lands, in the like manner, as is herein before directed for swamps, marshes, and sunken grounds, and until one whole year shall be fully expired, from and after such notice given; and in case the party in possession, shall not within the year, obtain rights, and sue forth a patent for the surplus land by him held, it shall be lawful for the person who gave notice, as aforesaid, to survey, at his own charge, the whole tract within the bounds of the patent, deed, or other conveyance, whereby the same is, or shall be held, and thereupon to sue forth a new patent, for all surplus land found within the same bounds, which shall be granted to him in the same manner, and under the like limitations and conditions, as lands not before patented: But the patentee or possessor may assign such surplus land, in any part of his tract as he shall think fit, in one entire piece.|
|XLII. Provided always, That if upon notice given as aforesaid, the person in possession shall within the year survey his tract, and it be thereupon found, that he hath no more land than he pays quit rents for, the party giving such notice shall be liable to pay all charges of such survey; and moreover, for his unjust vexation, shall also be liable to an action upon the case, at the suit of the party grieved; and that in all such new surveys, the patentee or possessor shall have an allowance, at the rate of five acres in every hundred, for the variation of instruments.|| Proviso. |
Five per cent. allowance for variation of instruments.
|XLIII. Provided also, That where such notice shall be given to any person, being tenant in tail, or tenant by the curtesy of England, of and in any tract of land where surplus is alledged to be, such tenant shall, within the year survey the same, and give an account to the sheriff of the county wherein such tract shall lie, of the true quantity of surplus land found therein, and thereafter pay the quit-rents becoming due for the same; which survey, and payment of quit-rents, shall be good and effectual to secure the surplus or remainder, without suing forth any new patent for the same, neither shall any patent be granted to any person petitioning||Privilege of tenant in tail or by the curtesy.|
|for such surplus land; but if upon notice given, as aforesaid such tenant shall neglect or refuse, within one year then next to survey, and give account of the surplus, if any be, to the sheriff as aforesaid, such tenant shall, for every such neglect or refusal, forfeit and pay twenty pounds current money, one moiety to our sovereign lord the king, his heirs and successors, and the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record of this dominion: And where, in case of survey so made, it shall appear, that such tenant holds no more land than he already pays quit-rents for, the party giving notice shall be liable as aforesaid.||Penalty if he fails to pursue the directions of this act.|
|XLIV. And that every tenant in tail, or by the curtesy, shall from time to time, be liable for the quit-rents of all lands by him or her respectively held, which may be levied upon the personal estate of such tenant, in any county of this colony, in the same manner as the law directs his majesty's quit-rents to be collected, levied and paid.||His goods and chattels liable for the quit-rents.|
|XLV. And for the better explaining and ascertaining what shall be a sufficient seating, cultivation, and improvement, to save lands from becoming lapsed or forfeited.||Rules in seating and saving lands.|
|XLVI. It is hereby further enacted, and declared, That every survey of lands intended to be patented, shall be made and returned by a sworn surveyor, duly commissioned for that purpose, and that the breadth of every tract so to be surveyed, shall be one third at least, in proportion to the length thereof, except where the courses shall be interrupted by rivers, creeks, or unpassable mountains and swamps, or by the bounds of other lands before taken up and patented.||How and whom surveys shall be made.|
|XLVII. And that for every fifty acres of land, which shall be granted in or by any patent, hereafter to be issued, the patentee shall, within three years after the date of his patent, clear, tend, and work three acres, at the least, and so proportionably for a greater or less quantity, in some part of his tract where he shall think best; or shall clear and drain three acres of swamp or sunken grounds or marsh, if any such be within the bounds of his tract; or he shall put and keep on his tract, within the time aforesaid, three neat|| Clearing, tending, and working the land. |
Draining marshes, &c
|cattle, or six sheep or goats, for every fifty acres, during the term of three years.|
|XLVIII. And that if any patentee or proprietor shall, within three years, as aforesaid, begin to work in digging any stone quarry, coal, or other mine, upon his tract, and continue the same for three years then next following, he shall, for every able person so employed, save one hundred acres.||Working mines.|
|XLIX. And that for every three acres well fenced and cleared, which shall be kept and used for a pasture, during the term of three years, the patentee shall save fifty acres.||Pastures cleared and fenced.|
|L. And that where the patentee or proprietor of any lands shall, within three years as aforesaid, expend any sum or sums of money, or tobacco, in building houses, water-mills, or other works, or in planting threes, or quick-set hedges, or making any other improvements, for every five pounds current money, or the value thereof, so expended, he shall save fifty acres, and so proportionably for a greater or lesser sum.||Buildings, planting fruit-trees & other improvements.|
|LI. And that, for preventing controversies touching the value of such buildings, or other improvements, it shall be lawful for the court of the county where such lands shall lie, and they are hereby authorised and required, upon application to them made by the patentee or proprietor, or his or her agent, to order such buildings and improvements, to be viewed by two or more honest and indifferent men who shall be first sworn before a justice of the peace, truly to value the same according to the best of their judgment, having regard to such accounts of the expences as shall be to them produced, and reasonably proved upon oath, or otherwise: Which valuation so made, shall be returned to the said court, and recorded in particular books for that purpose, and shall be adjudged, deemed, and taken to be sufficient proof of the value of such improvements: And in case a petition shall be preferred before such valuation made, the General Court may order the same to be done in manner aforesaid.||Valuation of improvements.|
|LII. Provided nevertheless, That in every such case the several kinds of buildings and improvements shall be specially mentioned, and that before such valuation shall be admitted to record, the proprietor or his or||Proviso.|
|her agent, or attorney, shall make oath in court, that none of the said buildings, works, or improvements, have been before valued and recorded, in order to the saving any of the said lands.|
|LIII. And be it further enacted, by the authority aforesaid, That all and every the cultivations and improvements, herein before particularly specified and expressed, which heretofore have been, or hereafter shall be made, upon any patented lands, within the time in each patent respectively limited, or before petition shall be preferred, for obtaining a grant thereof, as lapsed, shall enure to the benefit of the person making the same, and shall be accounted a sufficient seating, planting, cultivation, and improvement, to save for ever from lapsing, so much of every tract respectively, in any part thereof, and in proportion to the extent or value of the several cultivations and improvements, as shall appear to have been made thereon, in the manner by this act directed and declared: And that no lands so saved shall, at any time afterwards be liable to be forfeited, for not complying with the condition of cultivation and improvement, mentioned in the grants thereof; but the patentee, his heirs and assigns, shall at all times thereafter be at liberty to withdraw his stock, and to forbear working on such lands, if he or they think fit.||Cultivations & improvements once made, according to this act, shall for ever save lands from lapsing.|
|LIV. And for preventing controversies concerning the bounds of lands, Be it further enacted, by the authority aforesaid, That once in every four years the bounds of every person's land shall be processioned, or gone round, and the land marks renewed, in manner following, that is to say, the court of every county, at some court between the first day of June, and the first day of September, which shall be in the year of our lord one thousand seven hundred and fifty one, and so between the first day of June, and the first day of September, in every fourth year thereafter, by order of court, shall direct the vestry of each parish within their county respectively, to divide their parishes into so many precincts, as to them shall seem most convenient for processioning every particular person's land in their respective parishes, and to appoint the particular times, between the last day of September and the last day of March then next coming, when such processioning shall be made in every precinct; and also|| Bounds of lands to be processioned every
fourth year, beginning in 1751. |
Duty of county courts.
|to appoint two or more intelligent honest freeholders of every precinct, to see such processioning performed, and to take and return to the vestry an account of every persons land they shall procession, and of the persons present at the same, and what lands in their precincts they shall fail to procession, and the particular reasons of such failure: a copy of which order shall be delivered by the clerk of every court respectively, to the church wardens of every parish within his county, within fifteen days after the making thereof; and the churchwardens shall cause a vestry to be summoned, to meet within one month after the receipt of such order, at which vestry the same shall be exactly and punctually obeyed in every particular; and thereupon notice shall be given by the churchwardens, at their parish church, at least three Sundays next before the same is to be performed, of the persons and times so appointed by the vestry, for processioning in every several precinct, as aforesaid, and the vestry shall also cause the accounts returned by the freeholders, as aforesaid, to be registred in particular books to be kept for that purpose, by the clerk of the vestry; and to prevent mistakes or omissions in any such register, the churchwardens shall examine the same, in presence of the vestry, and compare the register with the original returns, at the next vestry that shall be held after such return made, from time to time, and shall certify the same under their hands in every register so by them examined and compared: And that no person may pretend ignorance, the vestries are also to direct what precinct or precincts in their parish respectively every particular freeholder thereof shall attend, and perform the processioning as aforesaid: And where any parish shall lie in several counties, the order of each county court shall be delivered, as aforesaid, to the churchwardens of such parish, and shall also be obeyed by the vestry in manner before directed: And if any county court shall, at any time hereafter, fail to make such order, as aforesaid, every justice of the peace of such county shall forfeit and pay one thousand pounds of tobacco; and if any vestry shall fail to obey and execute such order, every member of such vestry shall forfeit and pay two hundred pounds of tobacco, and every church warden failing in his duty by this act required, shall forfeit and|| Churchwardens. |
Penalties on failure by the court.
|pay five hundred pounds of tobacco; and if any county court clerk shall fail in his duty, as aforesaid, he shall forfeit and pay one thousand pounds of tobacco: One moiety of which several forfeitures shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government and the contingent charges thereof, and the other moiety to the informer; to be recovered with costs, by action of debt or information in any court of record wherein such forfeiture shall be cognizable; and if any other person, not having lawful excuse, shall fail to perform his duty as is herein before required, every person so failing shall forfeit and pay five hundred pounds of tobacco; to be recovered with costs, by the churchwarden or churchwardens of the parish wherein such failure shall be, by action of debt or information, in any county court, and applied towards purchasing ornaments for the church of such parish.|| Clerk of the court. |
How to be recovered & appropriated.
Penalty on the persons appointed to procession.
|LV. Provided always, That in any suit or information brought against a justice of peace, vestryman, or churchwarden, for any breach of this act, where the defendant shall give sufficient evidence to the court, where such suit or information shall be depending, that he was necessarily absent, or that being present, he offered to do his duty pursuant to this act, in such case the suit or information, as to such defendant, shall be dismissed.||But just cause of absence, or disability, may be pleaded in bar.|
|LVI. And be it further enacted, by the authority aforesaid, That all and every processioning the bounds of any persons land, at three several times heretofore made according to the directions of the laws then in force, or hereafter to be made pursuant to this present act, shall be held, and is hereby declared to be, sufficient to settle such bounds, so as the same may never afterwards be altered; and that every processioning, made in pursuance of the said former laws, in manner thereby prescribed, shall be held, and is hereby declared to be one of the three times of processioning by this act held to be sufficient.|| Bounds processioned 3 times, shall never be altered.
Former processions confirm'd.
|LVII. And for preventing the inconvenience and damage which may arise by any persons refusing to suffer their lands to be processioned.|
|LVIII. Be it further enacted, by the authority aforesaid, That when any controversy shall hereafter happen between persons whose lands lie contiguous,||Rules in controversies about bounds, where persons refuse to|
|about their respective bounds, and the owner or owners of such lands shall refuse to suffer the same to be processioned, in such case the freeholders appointed as aforesaid, shall within ten days after such refusal, certify the same under their hands, to the churchwardens of the parish wherein such lands shall lie, who shall return such certificate to the court from which the order for processioning issued, at their next sitting, and such court shall thereupon order their surveyor, with a jury, to lay out the bounds in dispute, at the charge of the party against whom the right to such bounds shall be determined, and to return such survey to the next court after the same shall be made, which return shall be recorded, and a copy thereof sent by the county court clerk, within fifteen days after such return, to the church-wardens of the parish where the lands lie, and shall be by them caused to be registred, in the vestry book of their parish.||suffer their lands to be processioned.|
|LIX. And that if such lands shall happen to lie in two or more counties, then certificate as aforesaid shall be returned to the court of each of the said counties, and the court of that county in which the beginning of such controverted bounds shall lie, shall order their surveyor, with a jury of their county, to survey the whole bounds in dispute, and the sheriff of each county wherein the same shall lie, to attend the surveyor, in their respective counties; and such survey shall be made, returned, recorded, and registred, in the manner and at the charge of the party aforesaid; and that all and every survey and surveys, so as aforesaid made and registred, shall be held, deemed, and taken to be a sufficient processioning of such lands, to all intents and purposes, as if the same had been done by and with the consent of the owner thereof.||Where the lands lie in two or more counties.|
|LX. And that every justice of peace, churchwarden, county court clerk, or other person, failing in his duty, as herein before required, and not having lawful excuse shall be liable to forfeit and pay the respective penalties herein before mentioned and laid on them, or any of them; to be recovered in the manner and to the uses aforesaid.||Penalties.|
|LXI. Provided always, That the processioning and settlement of the bounds of lands, held by any tenant for life only, shall not bar or conclude the heir in reversion,||Heir in reversion or remainder, may in six years after|
|or remainder, but such heir may at any time, within six years after the death of such tenant, controvert the bounds, as if no processioning or settlement had been made.||the death of tenant for life, controvert the bounds.|
|LXII. And that the processioning & settling the bounds of lands belonging to any person then being within the age of one and twenty years, feme covert, non compos mentis, imprisoned, or not resident within this colony, shall not be conclusive to such person or persons, until six years after their respective incapacities or disabilities shall be removed or determined.||And also persons under legal disabilities.|
|LXIII. And be it further enacted, by the authority aforesaid, That if any person or persons shall at any time shoot, hunt, or range, upon the lands or tenements, or fish, or fowl, in any creeks or waters, included within the bounds of any other person or persons, without licence first obtained of the owner of such lands, every such offender shall forfeit and pay twenty shillings for every such offence; to be recovered with costs before any justice of the peace of the county where the offence shall be committed, by the informer to his own use; in which information the confession of the party accused, or the oath of one credible witness, shall be sufficient evidence; or where the owner of the land shall prosecute for any unlawful shooting, hunting, ranging, fishing, or fowling within his bounds, the oath of such owner shall be sufficient evidence to convict the offender; but in that case the penalty shall be paid to the churchwardens of the parish wherein the offender resides, to the use of their parish; and moreover every such offender shall be liable to the action of the party grieved, at the common law, for his or her damages.|| Penalties for unlawful hunting, fishing, or fowling. |
20s. for every offence to the informer.
What shall be good evidence.
Where the owner of the land prosecutes, his oath shall convict the offender, but the penalty shall be to the parish.
|XIV. And that if any person shall be the third time convicted of any such offence, as aforesaid, the justice of peace before whom such conviction shall be, over and above, giving judgment for the aforesaid forfeiture, shall require such offender to enter into recognizance, with one or more sufficient sureties, to our sovereign lord the king, his heirs and successors, in the penalty of ten pounds current money, for his good behaviour, during one whole year from thence next following, or in case of refusal so to do, shall commit him to the common goal, there to remain until he give such security, or until the expiration of one month,|| The offender also liable to action at the common law. |
Upon a third conviction, the offender, besides paying the penalty, shall be bound to the behaviour. Or committed.
Conviction of such offence, after security
|and if after such surety given, such offender shall be convicted of shooting, hunting, ranging, fishing, or fowling, unlawfully as aforesaid, within the time in his recognizance limited, such offence shall be a breach of the good behaviour, and the penalty of his recognizance shall be forfeited, to the king, for the use of the parish wherein such conviction shall be.||given, shall be a breach of the behaviour.|
|LXV. And that whosoever shall use any fire-hunting, or the killing of any deer by such means, every person present at such fire-hunting, shall forfeit and pay twenty shillings for every such offence, to the informer; to be recovered in the like manner, and upon such evidence, and to the same use or uses, as the before recited offences of unlawful shooting, hunting, ranging, fishing, or fowling, are directed to be recovered and applied: And if any Indian be found fire-hunting, as aforesaid, it shall be lawful for the owner of the land where he shall be so found, or his or her overseer, to seise and take away the gun of such Indian, and the same to keep to his own use.|| Every person present at any fire hunting forfeits 20s.
If an Indian, his gun may be seised.
|LXVI. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses heretofore made, for or concerning any matter or thing within the purview of this act, shall be and are hereby repealed.||Repealing clause.|
|Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof first had and obtained.||This act suspended 'til approved by his majesty.|
|Pages 401-415||Pages 432-448|