ted before

recorded in the General Court, the clerk of the secretary's office shall enter memorials in the register to be kept by him for that purpose.

XI. And whereas in times past several persons purchasing lands in this colony, have had their deeds and Conveyances for the same acknowledged and recorded, but not within the time by the laws then in force required, and some persons have procured their deeds and conveyances, to be recorded in the courts of other counties than where the lands lie, and registred in the council books, and others have taken their deeds and conveyances, not indented nor sealed, or without any valuable consideration therein set down or expressed, and some have taken assignments of lands, only endor. sed on the patents, and others have purchased lands and taken deeds for the same, which by the death of the grantor, or some other accident, have not been acknowledged in court, according to the strict letter of the law in that case heretofore made, but yet have been proved in court by the oath of two or more witnesses, and recorded, and others have purchased lands, and taken deeds and conveyances for the same, but without livery of seisin made thereupon in due form of law; by which several omissions and inadvertencies, many controversies might arise among his majesty's good subjects here, for prevention whereof,

Deeds for XII. Be it further enacted, by the authority aforesaid, Isnds execu-That all deeds and conveyances whatsoever, for any June 3, 1735 lands within this colony, heretofore acknowledged, and confirmed to recorded, at any time before the third day of June, in the parties the year of our Lord, one thousand seven hundred in possession thirty five, or registred in the council books, or reregularly corded in any other county than where the lands lie, proved or re- shall be adjudged, deemed, and taken, and are hereby corded.

although not

declared to be, to all intents and purposes, valid, and available in law, and shall enure and take effect, as fully and absolutely to the benefit and advantage of all persons in possession of any lands claimed thereby, and to their heirs and assigns, as if the same deeds had been legally recorded; and all deeds and conveyances for land, bona fide made and executed, before the said third day of June, altho' not indented or sealed, or without any valuable consideration therein expressed, and all assignments endorsed on patents, shall be adjudged, deemed and taken, and are hereby declared to

be good and valid in law, and shall enure and take effect as fully and absolutely, to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, to his and their own proper use and behoof, and to his and their heirs and assigns, as if the same deeds and conveyances had been actually indented and scaled, and as if a valuable consideration had been therein particularly expressed, and as if such assignments had been made, and the lands therein mentioned conveyed in due form of law; and all deeds and conveyances for land, bona fide made and executed as aforesaid, and proved in court, by two or more credible witnesses, to have been the acts and deeds of the grantors thereof, and a record made of such proof, shall be and are hereby declared to be good and available in law, and shall enure and take effect as fully and absolutely, to the benefit and advantage of the person and persons in possession of any lands claimed thereby, to his and their own proper use and behoof, and to his and their heirs and assigns, as if the same deeds and conveyances had been personally acknowledged in court by the grantors thereof, and all deeds and conveyances for any lands, tenements, or hereditaments, within this colony, bona fide made and executed as aforesaid, and where livery of seisin might be requirable, if the party or parties to whom the same have been so conveyed, have actually entered thereupon, and they, or those who have their rights, do still continue in possession thereof, by virtue of such deeds and conveyances, the same shall be and are hereby declared to be firm and valid in law, and shall enure and take effect, as fully and absolutely to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, as if livery of seisin had been made in due form of law, and not otherwise; Any law, statute, or custom, in any of the cases aforesaid, to the contrary thereof, in any wise notwithstanding.

XIII. Provided always, That nothing herein contained shall extend or be construed so as to confirm any lands, tenements, or hereditaments whatsoever, to any other person or persons than those who have been, or now are, in actual possession thereof, and those who claim, or at any time hereafter shall claim, by, from or under them.

Provise.

No estate

tail shall be defeasible,

XIV. And be it further enacted, by the authority dforesaid, That it shall not be lawful for any person or except only persons whatsoever, at any time to levy any fine, or to by act of As- suffer any recovery to be had, whereby to cut off or sembly. defeat any estate in fee tail, general or special, of or in any lands, tenements, or hereditaments, within this colony, neither shall any such estate tail be cut off, or defeated, by any ways or means whatsoever, except only by act of the General Assembly of this dominion, for the time being, in such particular case respectively to be had and made: And all and every fine and fines, recovery and recoveries, and every other act and acts, thing and things, whatsoever, which shall be levied, made, suffered, done, performed, or executed, for and towards the cutting off, or defeating any estate tail whatsoever, except such as shall be found under the value herein after limited, otherwise than by act of Assembly as aforesaid, shall be adjudged. deemed, and taken, and are hereby declared to be null and void, to all intents and purposes.

But where

ant in tail

writ of ad quod dam

XV. But forasmuch as many poor people are seised in fee-tail of small and inconsiderable parcels of land, often ignorantly or undesignedly by their ancestors devised in tail, and the docking such intails by easier methods will be a great relief to such persons, and their families, who otherwise must be confined to labour upon such small parcels of lands, when by selling them they might be enabled to purchase slaves, and other lands more improveable;

XVI. Be it therefore further enacted, by the authori. such estate ty aforesaid, 'That it shall and may be lawful to and shall not ex- for any person or persons, seised in fee-tail general or ceed the va- special, of or in any lands, tenements, or hereditalue of 2001, ments, within this colony and dominion, not exceeding sterling, ten- the value of two hundred pounds sterling, and not be may have a ing parcel of, or contiguous to other intailed lands of the same party, to sue out from the secretary's office a writ in the nature of an ad quod damnum, to the sheriff of the county where such intailed lands lie, commanding him to enquire, by the oath of good and lawful men of his county, of the value of such lands, and whether they be parcel of or contiguous to other intailed lands, as aforesaid; and the better to enable the jury to judge of the value of such lands, the surveyor of the county shall, in their presence, survey the bounds and

num.

attend the

survey.

And then

give the jury an account of the number of acres con- Method' of tained in the said survey, and where the tenant in pos- executing & returningthe session shall not, at the time of the survey, have issue writ. capable of inheriting the said lands, and there be a re- Heir in remainder limited over, the person next in remainder, if mainder ma of age, shall have notice of such survey, and if under age, the guardian, or next friend, that he may attend and see that the valuation is fairly made: And such sheriff shall return his inquisition to the said office: And if the said lands shall be found not to exceed the value aforesaid, and to be a separate parcel, as afore- such estate said, then a deed of bargain and sale, reciting the ti- may be sold tle, and such inquisition, wherein a valuable conside- to any pur chaser in fee ration shall be expressed, and bona fide paid, acknow- simple. ledged, or proved by three witnesses, before the General Court, within eight months after the date thereof, and recorded, shall be sufficient in law to pass the fee simple estate of such lands to the purchaser or purchasers thereof; and the issue in tail of the vendor, and all other persons in remainder, or reversion, shall Heir in revbe barred, in the same manner as the same estate mainder bar might be barred, by fine and recovery, according to red. the laws of England.

ersion or re

such lands

XVII. And that where any such deeds have been Confirmation heretofore made and acknowledged, or proved in the of deeds for General Court, according to the direction, true intent heretofore and meaning of the laws then in force, the same made. shall be sufficient in law to pass the fee simple estate of the lands thereby conveyed to the purchaser or purchasers, and to barr the intail thereof, in the same manner as if such laws had not been repealed or altered; and where such deeds have been acknowledged, or proved in the county court, and afterwards recorded in the General Court, the same shall be as good and available in law to pass the fee simple estate of the But all such lands therein mentioned, as if the acknowledgment or deeds hereproof had been made in the General Court: But no acknowledgsuch deed of bargain and sale, hereafter to be made ed, or provor executed, shall be admitted to record, unless the ed, and resame be acknowledged or proved before the General corded in the general Court, in the manner and within the time by this act court. required. And for the better avoiding of suits,

after must be

XVIII. Be it further enacted, by the authority afore- Limitation said, That all writs of formedon in descender, remain- of actions der, or reverter, of any lands, tenements, or heredi- real,

Exception.

Rules in writs of right.

And process in real ac.

tions.

ments 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 per son 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, notwithstanding 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.

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.

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 nonenure, 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 de