PRIVATE. 30th CHAR. II. Nis. 49, 50. A. D. 1678. No. 49. An Act for the enabling Mrs. Dorothy Everard, by Major William Barnes and John Parry, Esq. her Guardians, to make a firm Conveyance of her Part of a certain Plantation in the Old North Sound, late the Estate of Mr. Thomas Everard her Father deceased, unto Captain John Vernon her now Father in Law. Dated 4th September, 1678. EXPLAINED No. 50. An Act for the Encouragement of Settlers and Builders in the Town, and for ascertaining the Titles of Land and Houses therein. AND AMEND ED by Act 10 Sect. 7. & seq. ACT. Portions of Land onwhich after Return (in six Months WHEREAS several Acts have been formerly made in this Island touching and concerning Freeholders and Inheritances within this Island, nevertheless Doubts and Contentions have arisen whether Houses in the Town, built upon any Proportion or Parcel of Land granted to any Person or Persons by Warrant from any Governor, Deputy Governor, or other chief Magistrate in this Island, or otherwise purchased from any Person to whom such Grants have been made, or from their Heirs or Assigns, should be taken, deemed, and held to be Inheritance in Fee Simple to the Person aforesaid, their Heirs and Assigns for ever, or whether such Lands and Houses shall be deemed, taken, and held to be Chattels only, having heretofore sometimes been taken and held to be Freehold of Inheritance, and at other Times it hath been taken and held to be only Chattels, which hath caused much Contention touching several Interests and Estates therein to the Prejudice of diverse Persons; therefore for the Prevention of the like Evils for the future, and for Encouragement of Builders and Improvers in the said Towns: II. Be it enacted and ordained, and it is hereby enacted and ordained by the Authority aforesaid, That from and after the Date hereof, all and every Proportion of Land that already is, or hereafter of Warrant,) shall be granted to any of His Majesty's Subjects in any of the Towns within this Island, that shall thereon build and erect in and upon ber, or Brick every such Proportion of Land a framed Timber House covered with or Stone (not Shingles, or otherwise (provided such House be not thatched) or shall be built Houses of framed Tim thatched) builded 31st CHAR. II. No. 50. A. D. 1679. builded with Brick or Stone, covered as aforesaid, within six Months thatched) to be after the Date of the Return of such Warrants into the Register's the Erections, deemed, with Office, all such Lands and Houses shall from thenceforth be taken, Freehold in deemed, and held to be Freehold and Inheritance in Fee Simple to all such Person or Persons, their Heirs and Assigns respectively for ever. III. Provided always, and it is the Intent of this Act, That this Act nor any Thing therein contained shall not call in Question any Matter or Thing whatsoever, acted or done heretofore touching the Title of such Houses, whether they were Freehold or not, but that all such Matter shall be deemed past question; saving and reserving the Rights and Interests of all Persons to such Houses and Proportions of Land as Chattel before the Date of this Act. IV. And forasmuch as there hath an Order been made by the Governor, Council, and Assembly of this Island, for the more regular building of the Towns of Falmouth, and St. Johns, and pursuant thereunto Plats of the said Ground were then drawn by the Deputy Governor, and Orders accordingly given to the respective Surveyors to observe the same, and not to lay out any Lands or Proportions in the Grounds appointed to be set apart for the Church Yard, Market Place, Parade Place, and for the Building of Prisons, or in the Streets of either of the said Towns, which said Orders have not been so well observed as was intended, therefore for the Prevention of all such irregular Proceedings for the future : V. Be it and it is hereby enacted by the Authority aforesaid, That all Grants for any Part of the Lands aforesaid, or in any other the Towns of this Island, reserved, as aforesaid, shall be and is hereby declared void and of no Force; and if any Surveyor hath already, or shall hereafter lay out any of the said Lands or Grounds reserved, as aforesaid, it shall be deemed and taken to be a Common Nuisance, and proceeded against as such; any Law or Custom to the contrary notwithstanding. VI. And forasmuch as several Persons have procured Warrants for several Proportions of Land in the said Towns, and have not built upon any, but hindered such as would build thereon, which much hindereth the Improvement of the said Towns: Fee. See Act of 10th (No. 199) Former War. where Gran rants void tees have not VII. Be it therefore enacted by the Authority aforesaid, That all Warrants heretofore granted to any Person or Persons whatsoever twelve Months before the Date hereof, who have not built thereon made Erec such Buildings as are before in this Act prescribed to be deemed tions deemed Freehold Act. Freehold by to two Individuals. No. 50. 31st CHAR. II. A. D. 1679. Freehold and Inheritance, be and are hereby declared to be null and void (except two Proportions of Land in the Town of Falmouth Exception as reserved to Captain Obadiah Bradshaw, his Heirs, and Assigns for ever, at such Time as the said Captain Bradshaw assigned Part of his Lands for erecting the said Town, in Consideration whereof the said Captain Bradshaw obtained a Grant from Lieutenant General Willoughby for one and fifty Acres of Land for his Son John Bradshaw in the Division of Nonsuch, formerly belonging to John Howel) and shall be void to all Intents and Purposes as if no such Warrant had been granted; and such Warrants as shall hereafter be granted to any Person or Persons for any Proportion of Land in any of the said Towns, shall be and continue in Force for the Space of six Months after the Return of such Warrants into the Register's Office, and no longer, unless such Building, as is before prescribed, be built thereon (except before excepted.) Future War rants good six Months and no longer, from their Return into Register's Office, unless the Houses prescribed are built. Grants for more than two Proportions void, if Gran tee has not built accord ing to Act on two Proportions. Timber Trees growing on to be for com mon Use, if applied to VIII. And it is further enacted by the Authority aforesaid, That if any Person or Persons whatsoever have or shall obtain any Grant or Warrant for more than two Proportions of Land, as is hereafter in this Act mentioned and expressed, before such Person or Persons have built such Houses on two of the said Proportions, as is before expressed to be Freehold and Inheritance, all such Grants for more than two Proportions, shall and are hereby declared to be null and void to all Intents and Purposes whatsoever. IX. And that all Timber and Timber Trees standing, being, or Lands marked growing on the Land assigned and set out for the Towns, shall be out for Towns and remain to the common Use of such as shall build and improve the said Towns, and shall not carry off or out of the said Town Lands Timber or Trees fit for Use in building, upon any any PrePersons carry- tence whatsoever, and such Person or Persons shall be deemed ing Trees from Towns to be Trespassers, and shall be punished as a Trespasser in any particular Estate. And for the more regular Proceeding in the Building the said Towns: building there. punished as Tresspassers. Warrants for X. It is hereby enacted, That all Proportions of Land, for which any Warrants shall be granted, shall not be more or less than eighty Foot Back, and fifty Foot Front, in the Town of St. Johns, and in Bridge Town not to exceed, the Town of Falmouth forty Foot Front, and sixty Foot Backward, Proportions in and in the Bridge Town at Willoughby Bay forty Foot Front, and fifty Foot Back, and in the Town of Parham sixty Foot Front, and eighty Towns to be Foot Back, and in the rest of the Towns within this Island such of the Gover- Proportions as the Governor and Council for the Time being shall Clause: in other at Discretion nor. 31st CHAR. II. No. 50-54. A. D. 1679. think fit, with respect to be had to the Places where such Towns are appointed to be built. Dated the fifteenth Day of July, one thousand six hundred seventynine. PHILIP WARNER, Speaker. PAUL LEE. An Act for the repealing several Acts, Clauses, and Pro- No. 51. visoes in Acts, and for the reinforcing of others. Dated 15th July, 1679. OBSOLETE. An Act for the Encouragement of all such as shall bring No. 52. Christian Servants to this Island. Dated 15th July, 1679. OBSOLETE. An Act impowering Nathaniel Monk to sell the Plantation No. 53. of Benjamin Steel, and Mary his Wife, for the Main- PRIVATE tenance of their Children. Dated 25th March, 1679. An Act against taking up of Lands intentively to waste No. 54. and dispose of Timber, or alienating of such Grants OBSOLETE. by Sale or Conveyance before the Continuance of a Settlement according to a former Act. No Date. An 32d CHAR. II. No. 55. REPEALED An Act for repairing and cleaning Common Ponds. by Act of 28th Dated 8th April, 1680. June, 1702, (No. 129) sect. 20. No. 56. An Act for the cleaning and enlarging Common Paths and REPEALED by Act of 11th Aug. 1724, Highways within this Island. (No. 180) sect. Dated 8th April, 1680. 2. No. 57. An Act for bringing in Run-away Negroes, and Encouragement of such who shall bring them in. REPEALED ASTO ONE OF ITS CLAUSES by Act of 28th Dated 9th July, 1680. June, 1702, (No. 1,30) sect. 15: THE WHOLE OB SOLETE. REPEALED No. 58. An Act for settling the Militia, for settling the Guards, and the Observation of the Exercise of Martial Discipline within this Island. by Act of 28th June, 1702, (No. 131) sect. 21. Dated 8th December, 1680. No. 59. An Act for the dividing of this Island into five Parishes, OBSOLETE. See Act 1st. July, 1692, (No. So.) the building of Churches in the said Parishes, and for the raising of all Parochial Charges from the Inhabitants of each Parish. Dated 24th August, 1681. An |