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LAWS PASSED AT NORWICH,
JUNE SESSION, 1785.
AN ACT granting twenty-three thousand acres of Land to the Trustees
of Dartmouth College, and the President of Moor's Charity School, to and for the use of the said College and School, for ever.
The Legislature having a high sense of the importance of the institution of Dartmouth College, and Moor's Charity School, to mankind at large, and to this commonwealth in particular; its situation and connexions being most favourable to diffuse useful knowledge through the same.
Be it therefore enacted, &c. that there be, and hereby is granted to the Trustees of Dartmouth College, and the President of Moor's Charity School, and to their successors, twenty-three thousand acres of land within this State, to be ascertained and chartered upon the conditions hereafter provided in this act; to be to and for the use of said College and School, for ever.
And be it further enacted, that the surveyor-general for the time being, be and hereby is directed (as soon as the survey of the State is compleated, there being a sufficiency of ungranted lands remaining) to survey in one tract the twenty-three thousand acres, if that quantity of ungranted land, proper for cultivation, can be found in one parcel; or otherwise survey the like quantity in different parcels, under the direction, and to the approbation, of the President of the said institution.
And be it further enacted, that the Governor and Council of this State for the time being, be and hereby are requested to issue a charter of incorporation for the same, when so surveyed, to the Trustees of Dartmouth College, and the President of Moor's Charity School, and to their successors, to be to and for the use and benefit of the said College and School, forever.*
AN ACT to enable Thomas Chandler of Chester, in the county of
Windsor, Esq. who now stands committed a prisoner in the common goal at Westminster, in the county of Windham, to deliver up all his estate, real and personal, to his creditors, bona fide, and to discharge the said Thomas from his imprisonment.
Be it enacted, &c. that it shall be lawful for Thomas Chandler, of Chester, in the county of Windsor, Esq. who now stands committed a prisoner in the common goal in Westminster, in the county of Windham,
* In pursuance of this act, a charter was issued by the Governor, dated the 14th of June, 1785, for a tract of laud six miles square, by the name of W beeleck,
to exbibit a petition to the Honourable Benjamin Burt, Esq., one of the judges of the county court for the county of Windham, certifying the cause of his imprisonment, and an account of his estate, with the dates of the securities wherein any part of it consists, and the deeds or notes relating thereto, and the names of the witnesses; and upon such petition the judge, by order, is to cause the prisoner to be brought before him, and the creditors at whose suit he stands charged or some of them, or the attorney or agent employed in such cause, to be summoned at least twelve days before the day of such appearance; which summons shall have annexed there to, in a schedule, a copy of the account of his estate which he intends to deliver in to the judge, and upon the day of such appearance, one affidavit of the service of such summons, with the schedule thereto annexed, the judge shall, in a summary way, examine the matter of the petition, and shall tender to the prisoner an oath, to the effect following, viz :
do solemnly swear, in the presence of Almighty God, that the account by you delivered into this honourable court, in your petition to this court, doth contain a true and full account of all your real and personal estate, debts, credits, and effects, whatsoever, which you, or any in trust for you, have, or, at the time of your petition, had, or were in any respect intitled to, in possession, remainder or reversion, except the wearing apparel and bedding for you or your family, or the tools or instruments of your trade or calling, not exceeding ten pounds in value in the whole ; and that you have not, at any time, since your imprisonment, or before, directly or indirectly, sold, leased, assigned, or otherwise disposed of, or made over, in trust for yourself, or otherwise, other than as mentioned in such account, any part of any lands, estate, goods, stock, money, debts or other real or personal estate, whereby to have or expect any benefit or profit to yourself or to defraud any of your creditors to whom you are indebted. So hely you God."
If the prisoner take the oath, and the judge be satisfied with the truth thereof, the judge may order the effects contained in such account or so much as may be sufficient to satisfy the debts and the fees due to the keeper of the prison, to be, by a short endorsement on the back of the petition, signed by the prisoner, assigned to the creditors, or one or more of them, in trust for the rest; and by such assignment, the estate and property of the lands, goods, debts and effects, so assigned, shall be vested, and the prisoner shall be discharged out of custody, by order of the judge; and the persons to whom the effects shall be assigned, paying the fees to the goaler, shall divide the effects, in proportion to their debts.
And be it further enacted, that, in case the prisoner refuses to take the oath, or shall be detected of falsity therein, he shall, by the judge, be remanded to prison.
And be it further enacted, that the person of the debtor, so discharged, shall never after be arrested for the same debt; but the judgment shall remain in full force, and execution may be taken out against his lands and goods, only his wearing apparel, bedding for himself and family and
necessary tools for his trade, excepted : and if the said Thomas, after taking such oath, shall, upon indictment for perjury, be convicted, he shall suffer all the pains of wilful perjury, and shall be liable to be taken on any procress, de novo, and shall never after have the benefit of this act.
AN ACT to secure Daniel Marsh, in the possession of a certain farm,
until he shall have opportunity of recovering his betterments; and nullitying several judgments rendered against him.
Whereas, it appears that Silas Whitney, of Clarendon, at the November term of the county court for the county of Rutland, holden at Tinmouth, in said county, Anno Domini, one thousand seven hundred and eighty-two, recovered a certain judgment, in an action of trespass and ejectment, against Daniel Marsh, of Clarendon, and that, in consequence of said judgment, a writ of seisin has issued against the said Daniel, and he has been turned out of possession, without any allowance for his betterments, and sundry actions of forcible entry and detainer and of trespass have been prosecuted against him, to his great cost. Therefore,
Be it enacteil, &c. that the said Daniel Marsh have, an! he hereby hath, liberty to file his declaration, in an action of the case, in the county court for the county of Rutland, at the next stated session of said court, against the said Silas Whitney, of Clarendon, for the recovery of his betterments, done on the farm of which he the said Daniel has been ousted, in consequence of said judgment, recovered against him in favor of the said Whitney, in an action of trespass and ejectment, before the county court for said county of Rutland, at their November term, at Tinmouth, Anno Domini, one thousand seven hundred and cighty-two ; and that the said Daniel be permitted peaceably, and quietly to enjoy the possession of the premises of which he has been ousted, by reason of said judgment in trespass and ejectment, rendered as aforesaid, until final judgment shall have been rendered in said action of the case, for betterments as aforesaid..
And be it further enacted, that this act may be pleaded in any court in this State, in bar, and shall be a bar of any action of forcible entry and detainer, trespass or possessory action, of any name or nature whatsoever, brought, or to be brought, by the said Whitney against the said Marsh, relative to the premises disputed in said action of trespass and ejectment, until final judgment shall be rendered in said action of the case for betterments as aforesaid ; and all judgment or judgments, subsequent to said judgment in trespass and ejectment, which bave been rendered against the said Marsh, in favour of the said Whitney, in action of trespass, forcible entry and detainer, or in any wise whatsoever, relative to the premises in dispute or disputed in said action of trespass and ejectment, are hereby nullified and made void; and all suits now pending and undetermined relative to the same, and all executions already issued for costs relative to the same, shall be, and are hereby suspended.
AN ACT confirming Andrew Graham, of Putney, in the county of
Windham, in the quiet and peaceable possession of the farm on which he now lives in said Putney, and rendering all judgments respecting the possession of the same, heretofore had and rendered by any court of law whatsoever, null and void.
Be it enacted, &c. that Andrew Graham, of Putney, in the county of Windham, be, and hereby is confirmed in the quiet and peaceable possession of the farm or lot of land, in said Putney, on which the said Andrew Graham now lives, being the same farm or lot of land on which the said Andrew formerly lived and improved, and lately occupied by Benjamin Witson, late of said Putney ; and that all judgments beretofore bad and rendered by any court of law, in any real or possessory action, in any wise respecting said farm or lot of land, be, and are hereby declared to be null and void ; and that all processes, writs of execution, writs of seisin, writs of possession, or other proceedings, of what name or nature soever, in law, be, and are hereby suspended, and to be no further prosecuted.
And be it further enacted, that if any person or persons shall commit any trespass on the aforesaid farm or lot of land, of what name or nature soever, the said Andrew shall have and maintain his action of trespass, according to the laws, usage and customs of this State ; and this act given in evidence, shall be, and hereby is declared to be conclusive evidence to any court of law in this State, of the legal possession of said farm or lot of land being said Andrew Graham's.
Provided nevertheless, that nothing contained in this act shall be construed to bar or preclude any person or persons, from baving and maintaining his or their actions of ejectment, who claim the title of said farm,
LAWS PASSED AT WINDSOR,
OCTOBER SESSION, 1785.
AN ACT for settling disputes respecting landed property, Whereas, many persons have purchased supposed titles to land within this State, and have taken possession of such lands under such titles, and made large improvements on the same; and who, having no legal title to such lands, must, if the strict rules of the common law be attended to, be turned off from their possessions, made at great expense.
Be it enacted, &c. that when any person or persons, in the actual possession and improvenient of lands to which he, she, or they, so in possession, or those under whom they hold, had purchased a title, supposing at the time of purchase, such title to be good in fee, and having, in consequence of such purchase, entered and made improvements upon such lands, shall be prosecuted before any court by action of ejectment, or any other real or possessory action, to final judgment, and judgment shall be given against such person or persons in possession as aforesaid, such person or persons as aforesaid, against whom judgment shall be finally given as aforesaid, shall have right, by action, to recover of the person or persons in whom the legal right shall be found by such judgment, the value of the improvements and betterments made on such lands by such possessor or possessors, or those under whom they hold : and the manner of process shall be, that the recoveree or recoverees in such action as aforesaid, shall, within forty-eight hours after judgment, or during the sitting of said court, file a declaration, in an action of the case, against the recoveror or recoverors, for so much money as the estate is made better as aforesaid, in the clerk's office of the court where such judgment was obtained, which shall be deemed a sufficient notice to the adverse party to appear and defend in such action on the case, at the next session of said court, whether stated or adjourned; and the court, on motion made, shall order the writ of seizin or possession to be stayed until the last action aforesaid be determined ; and the land recovered by such ju igment, shall be holden to respond the judgment (if any there be in favor of the possessor or possessors) as tully as though the same had been attached by mesne process; and if, on trial, it shall be found necessary that a view be had of the premises, to ascertain how much the estate is made better as aforesaid, the court, on motion made by either party, may grant such view; and all the reasonable charges arising by such view, shall be paid by the party moving for the same.
And be it further enacted, that the jury, in estimating the value of the improvements, shall assess the value of the lands as they were when the settlement was begun by the possessor or possessors; and shall also assess the value of such lands at the time of such assessment, as if the same were then uncultivated, and shall allow to the possessor or possessors, the one half of what such lands have arisen in value, and shall, in addition thereto, assess to the possessor or possessors, the just value of making the improvements, with the buildings and other betterments made on such lands by the possessor or pessessors, or those under whom they hold ; and if any doubt shall arise respecting the quantity of such land to be estimated by the jury, it is hereby declared to be the duty of such jury, to appraise the improvements and betterments on all the land described in such action.
And be it further enacted, that when any person or persons who have entered and made improvements on lands to which he, she, or they, had no such supposed title as aforesaid, shall be prosecuted before any court, by action of ejectment, or other real or possessory action, and judgment shall be finally given against such possessor or possessors, he, she, or they, shall have a right to recover of the legal owner thereof, the value of his, her, or their improvements, to be estimated in manner as aforesaid ; excepting that such possessor or possessors shall have no allowance for the rise of the land ; and the same manner of process shall be had, and the lands shall be holden to respond the judgment obtained by said possessor or possessors, as is before provided in this act.