edged

corded.

sealed, acknowl-conveyances of any lands, tenements or hereditaments, lying grantor and re- within this State, signed and sealed by the party granting the same, having good and lawful right or authority thereunto, and acknowledged by such grantor or grantors, before a Justice of the Peace in this State, or before a Justice of the Peace or magistrate in some other of the United States of America, (or in any other State or Kingdom wherein the grantor or vendor may reside at the time of making and executing the deed,) and recorded at length in the registry of deeds in the county where such lands, tenements, or hereditaments lie, shall be valid to pass the same without any other act or ceremony in the law whatsoever. And no bargain, No conveyance, sale, mortgage or other conveyance in fee simple, fee tail, or more than sev- for term of life, or any lease for more than seven years from be good against the making thereof, of any lands, tenements or hereditaments, and heart within this State, shall be good and effectual in law to hold such lands, tenements or hereditaments, against any other person or persons, but the grantor or grantors, and their heirs only, unless the deed or deeds thereof be acknowledged and Mode of prov. recorded in manner aforesaid: Provided nevertheless, That ing deed when when any grantor or lessor as aforesaid shall go beyond sea, or out of State, or be removed out of this government, or be dead, before the

or for

en years shall

his heirs.

unless so acknowledged

and recorded.

grantor is dead

&c.

Mode of prov

ing when wit

nesses are also

dead.

When grantor refuses to acknowledge a

deed or conveyance by him executed, shall be acknowledged as aforesaid, in every such case the proof of such deed or conveyance, made by the oath of one or more of the witnesses, whose names may be thereunto subscribed, before any Court of record within this State; or in case one or all of such witnesses have also deceased, that the proof of the signature of such grantor or grantors, and of such subscribing witness or witnesses, made by the oath of two witnesses before any Court of record, within this State, shall be equivalent to the party's own acknowledgment thereof before a Justice of the Peace, as aforesaid.

SEC. 2. Be it further enacted, That if any grantor or lessor of any lands, tenements or hereditaments, shall refuse to acknowledge any deed or other conveyance as aforesaid, eeedings are to it shall be lawful for such grantee or lessee to leave a copy effect thereof. of such deed or lease, compared with the original by the

deed what pro

be had and the

Register, in the Register's office, and such copy so left shall be deemed sufficient caution to all persons against purchasing or extending execution thereon for the space of forty days from the time of leaving such copy. And any Justice of the Peace in the same county, after such refusal, at the request of the grantee or lessee, his heirs, executors, administrators or assigns, may issue a summons for such grantor or lessor to appear, (if he see cause,) at a certain time and place therein mentioned, to hear the testimony of the subscribing witnesses thereunto; which summons shall be served by the proper officer, seven days at the least before the time therein assigned for proving the deed; and at such time and place,

whether the grantor or lessor be present or not, it being made to appear by the oath of one or more of the witnesses thereunto subscribed, that they saw the said grantor, (or lessor,) voluntarily sign and seal the deed, and that they subscribed their names as witnesses thereunto at the same time, such proceedings, and a certificate thereof, under the hand of the Justice, annexed to the deed, (wherein the presence or absence of the adverse party shall be noted,) shall be equivalent to the acknowledgment of the grantor before a Justice of the Peace: Provided, That nothing in this Act shall be construed to bar any widow of any vendor or widow's dower. mortgagor of lands, or tenements, from her dower or right in, or to such lands or tenements, who did not join with her husband in such sale or mortgage, or otherwise lawfully bar, or exclude herself from such dower or right.

Proviso as to

fee, &c. to be

bond of defeas ance as to any but original

unless such defeasance is re

corded.

SEC. 3. Be it further enacted, That no title or estate, in No estate in fee simple, fee tail, for term of life, or any lease for more defeated by any than seven years from the making thereof, of any lands, tenements, or hereditaments within this State, shall be defeat- party thereto. ed or incumbered by any bond or other deed, or instrument of defeasance, in the hands or possession of any person, but the original party to such bond, deed, or other instrument, or his heirs, unless such bond, deed, or other instrument of defeasance be recorded at large in the Registry of Deeds, in which the original deed referred to in the said bond, deed, or other instrument of defeasance, shall have been recorded.

may convey

two witnesses,

and recorded;

SEC. 4. Be it further enacted, That it shall be lawful for Tenant in tail any person or persons, who shall be seized and possessed of in fee by deed any lands, tenements, or hereditaments within this State, in signed before fee tail, being of full age, by deed duly executed before two acknowledged or more credible subscribing witnesses, acknowledged before the Supreme Judicial Court in any county, or the Circuit Court of Common Pleas in the county where such lands lie, or before any Justice of the Peace in this State, or before a Justice of the Peace or Magistrate in some other of the United States of America, or in any other State or Kingdom wherein the grantor or vendor may reside at the time of making and executing the deed, and recorded in the record of deed for such county, for a good or valuable consideration, bona fide, to give, grant, sell and convey such lands, tenements, or hereditaments, or any part thereof in fee simple, to any person or persons capable by law, of taking and holding real estates, in this State; and such deed so executed, legal effect of acknowledged and recorded, shall be sufficient and effectual such conveyin law, to bar all estates tail in such lands, tenements or hereditaments; and all right and title of the tenant or tenants in tail, and their issue in tail, and of all others claiming under, and by force of the original gift or grant which created such estate tail in and to such lands, tenements or heredita

ance.

Effect of such

tenant of the freehold and

remainder man,

ments, and all reversions and remainders, expectant upon the determinations of such estates tail, and to pass, and to vest the absolute inheritance in fee simple of such lands, tenements, or hereditaments, in such purchasers or grantees, without any fine or common recovery, made or suffered, or any other act or ceremony whatever, any law, custom or usage to the contrary notwithstanding.

SEC. 5. Be it further enacted, That in all cases whatever, Conveyance by where an estate tail in remainder in lands and tenements, together with all remainders and reversions expectant on the determination thereof, might by law be barred by a common recovery, duly suffered, by the tenant of the freehold and remainder man joining therein, such estate tail, with all such remainders and reversions expectant on the determination thereof, shall be as effectually barred, to all intents and purposes, by the deed or deeds of the tenant of the freehold and of the remainder man, as the same could be barred by the suffering such common recovery; and the person or persons, to whom such deed or deeds shall be so made shall hold the lands and tenements so conveyed, to such uses as may be therein expressed, in the same manner as though such uses had been so expressed in the deeds made, declaring the uses for which such common recovery might have been suffered : Provided, That such deed or deeds made for the purposes aforesaid, be duly executed, acknowledged and recorded as provided in this Act.

if executed as

before men. tioned.

All lands held

ble to debts of

SEC. 6. Be it further enacted, That all lands, tenements, in fee tail lia- or hereditaments, in this State held, or that may be held in tenant, as lands fee tail, general or special, shall be and are hereby declared in fee simple to be liable and subject to the payment of the debts of the tenant in tail, in the same way and manner as other real estates are liable and subject, as well after the decease, as in the life time of such tenant in tail.

Pews in meeting housesreal estate.

Deeds of pews

elerk.

be record

SEC. 7. Be it further enacted, That all pews and rights in houses of public worship, shall be hereafter considered and deemed in law, to be real estate; but nothing in this Act shall be construed to affect in any manner the titles to any such pews and rights heretofore considered or acquired, as of personal estate.

SEC. 8. Be it further enacted, That all deeds and conveyed by the town ances of, and executions extended on such pews and rights, may be recorded by the Clerk of the town or plantation wherein the same is situated; and being so recorded shall have the same effect in law, as if the same had been recorded in the Registry of Deeds.

[Approved Feb. 20, 1821.]

CHAPTER XXXVII.

An Act for the Partition of Lands or other Real Estate.

common, &c.

common law.

SEC. 1. BE it enacted by the Senate and House of Represent-Tenants in atives, in Legislature assembled, That all persons having or may sue for holding, or that hereafter shall have or hold any lands, ten-Partition a ements, or hereditaments, as tenants in common, joint tenants, or coparceners, may be compelled by writ of partition at the common law, to divide the same: and whereas the partition of lands and other real estate among the persons interested, though much desired and of great advantage, is often hindered and delayed by reason that infants are interested, or that the parties concerned are numerous and live remote from each other, and sometimes in parts beyond seas, and are some of them unknown:

Persons inter.

petition Courts

SEC. 2. Be it therefore enacted, That any person or per-red in comsons interested with others in any lot, tract of land, or other mon &c. may real estate, making application, (either by themselves or their for partition agents, attornies, or guardians,) to the Supreme Judicial Court or Circuit Court of Common Pleas of the county in which such land or other real estate lies; the said Courts are severally authorized and empowered to cause partition to be made of such lands or other real estate, and the share or shares of the party or parties applying for the same, to be set off and divided from the rest. The partition to be made to be made by by five or three freeholders under oath, to be appointed by ers the said Court, who shall order the partition, and a return of such partition, to be made into the Clerk's office of the said Court; and the partition or division so made being accepted by the said Court, which ordered the division to be made, and there recorded, and also recorded in the Registry of Deeds, in the county where such estate lics, shall be valid and effectual to all intents and purposes.

3 or 5 freehold

recorded-ef

given before

SEC. 3. Be it further enacted, That neither of the said accepted and Courts shall proceed to order such partition, until it shall ap feet thereof. pear to them respectively, that the several persons interested in such estate and living within the State, or the attornies of such as are absent, and have attornies residing in the State, Notice to be have been duly notified of such petition, (by being personal-partition is ly served with a copy thereof or a copy left at their dwelling house, or last place of abode, or that the substance of the petition shall have been inserted three weeks successively in one or more of the public newspapers,) and have had an opportunity to make their exception to the granting the same.

ordered.

al to be had in

SEC. 4. Be it further enacted, That when the facts alleged, when facts are in any petition for partition hereafter to be preferred, are contested, a tricontroverted by any of the tenants in common, the answer or usual form. objection to the petition, shall be made in writing, in the form of a plea, to which the petitioner may reply or demur, to the end the matter in dispute may be reduced to an issue in law

If petitioner

owns less than

he claims. re

spondent enti

tied to costs.

or fact, and receive a determination by the Court or a Jury, in the manner other issues are determined: And in case the issue be determined in favor of the petitioner, judgment shall be entered up by the Court, that partition be made by disinterested freeholders, and proceed to appoint them accordingly And also that the petitioner recover against the adverse party the costs attending the trial, and may issue execution for said costs in the form prescribed by law as in other cases. But if on such pleading it be determined that the petitioner holds a less share or proportion in common and undivided than he has in his petition alleged, the adverse party shall recover against the petitioner his reasonable cost; notwithstanding judgment may be rendered in favor of the petitioner to have an assignment of such part of the real es tate in severalty, as he in fact holds in common and undivided. SEC. 5. Be it further enacted, That either party may apc.c. c. Picas, peal from the judgment of the Circuit Court of Common Pleas, that partition shall be made, to the Supreme Judicial Court, before the appointment of freeholders to make partition : But if no appeal is made until after the return of the freeholders, and the judgment of the Court thereon, the judgment that partition shall be made, shall not by such appeal be again called in question. And the Supreme Judicial Court shall, upon the complaint of the appellee, (in case the appellant shall fail to enter or prosecute his appeal,) affirm the former judgment, and cause such other proceedings to be had thereon, as to have partition completed in the same way and manner as if the proceedings had been originally commenced in that Court.

Appeal from

and effect

thereof.

In aetions the appeal, &c.

effect; same as in petitions.

Before parti.

appoint guardi

SEC. 6. Be it further enacted, That in all actions of partition that shall be hereafter commenced, the same rule and regulations shall take place with respect to an appeal from an interlocutory judgment of the Circuit Court of Common Pleas, that partition shall be made, as is herein before prescribed upon the like judgment upon a petition for partition.

SEC. 7. Be it further enacted, That before partition be tion Court to made where any infants, persons non compos mentis, or otherans for minors, ways incapacitated to take care of their estates, are interestabsent persons ed, guardians shall be appointed for all such persons by the interested. Court, if they live within this State, and if any person or

and agents for

persons interested in any such estate happen, (at the time when such application shall be made,) to have been beyond sea, or out of this State for the space of one year, and not returned; and having no sufficient attorney within the same; in such case the said Court to whom application shall be made for partition, shall appoint some discreet and disinterested person or persons, as agent or agents for such absent party or partics, to be advising on his or their behalf in makCommittee to ing such partition; and due notice shall be given by the comfore proceed. mittee to all concerned, (that are known and within the State,)

give notice be

ing.