from their report, or other evidence which shall be exhibited to the Court, it shall appear that the trees upon said land are of an age and growth fit to be cut, and likely to deteriorate in value, the said Court may, and they are hereby em- And may, if powered to license and order, on such terms and conditions thought propas said Court shall require, the whole, or such part of such on such terms as they may trees, as they shall think proper, to be felled and sold, and direct. the money arising from the sale thereof to be brought into Court subject to their further order. er, grant leave cutting and trees and ac Court. be invested in SEC. 2. Be it further enacted, That the said Court shall Court to apand may appoint one or more commissioners, whose duty point Commisit shall be to superintend and direct, the felling of said trees, perintend the and the sale of the same, and to account to said Court for selling the the proceeds thereof, and also to give bond to the Clerk of count for prosaid Court, or such other person as the Justices of said ceeds to the Court shall appoint, for the faithful performance of the trust. And the said Court may, and they are hereby further empowered, to cause the net proceeds of said trees after pay- Proceeds may ing all necessary expenses and charges, to be invested in oth- other lands, er real estate in this State, or in public stocks, at their discre- stocks, &c. tion, to be holden to the same uses and subject to the same limitations as such wood land or timber land; and the income and profits thereof, to be paid to the person or persons Income to be entitled to the income and profits of said wood land or tim- paid among ber land, or to be paid and apportioned to and among the ested. several persons interested in the same estate, in such portions as to the said Court shall appear just and equitable; and also to appoint one or more Trustees to take and hold such estate or stock for the uses aforesaid; and such Trus- point trustees tees to remove and others appoint in their stead, when and hold stocks, so often as the security and good management of the prop- &c. erty shall require it: which Trustees shall also give bond, Trustees to with good and sufficient sureties, to said Clerk or other person, as aforesaid, for the faithful execution and perform ance of the said trust. [Approved February 28, 1821.] persons inter Court may ap to take and give bond. Grants, de CHAPTER XXXV. An Act to prevent Tenants in common, Joint Tenants and Coparceners, from committing waste, and for other purposes. SEC. 1. BE it enacted by the Senate and House of Reprevises, &c. of sentatives, in Legislature assembled, That all gifts, grants, lands to two feoffments, devises and other conveyances of any lands, tenestates in com- ements and hereditaments, which have been or shall be joint tenancy, made to two or more persons, whether for years, for life, in tail or in fee, shall be taken deemed and adjudged to be es or more to be mon and not otherwise. tates in common and not in joint tenancy, unless it has been unless clearly or shall be therein said that the grantees, feoffees or deexpressed or designed to be visees, shall have or hold the same lands, tenements or hereditaments jointly, or as joint tenants, or in joint tenancy, or to them and the survivor or survivors of them, or unless other words be therein used, clearly and manifestly showing it to be the intention of the parties to such gifts, grants, feoffments, devises, or other conveyances, that such lands, tenements and hereditaments should vest, and be held as joint estates and not as estates in common: Provided neverProviso, as to theless, Where any estate has already vested in the survivor estates already or survivors, upon the principle of joint tenancy, it shall be held in like manner as it would have been held, if this Act had never been passed; any thing therein to the contrary notwithstanding. vested. No tenant in or carry away without giving SEC. 2. Be it further enacted, That if any person holding common to cut any lands in common and undivided, shall cut down, detimber, &c. stroy or carry away any trees, timber, wood or underwood from the land whatsoever, standing or lying on such lands, or shall dig up notice in writ- or carry off any stone or ore, or any other valuable matter ing to all the co-tenants 40 or make any other strip or waste thereon, without first givdays previous. ing notice in writing under his or their hands, unto all the persons interested therein, or to their agents, factors or attornies, forty days beforehand, setting forth that he or they have occasion for, and shall enter upon and improve such lot or lots of lands lying in common as aforesaid, he shall doing, and how forfeit and pay treble damages, to be recovered by any one or more of the persons interested in the same lands, who may prosecute and sue for the same, in an action of trespass in his or their own names, as well on the behalf of the Penalty for so to be recover ed and appro priated. other co-tenants, except the defendant, without being held to name them in the writ, as of him or themselves, one moiety of the aforesaid penalties to be for the use of such person or persons who shall sue for the same, and the other to and for the use of all the co-tenants excepting the defendant, in proportion to their respective interest, in the land where the trespass hath been committed. partition is person inter lands, &c. shall cut or de stroy timber, &c. &c. SEC. 3. Be it further enacted, That when any writ of par. While writ or tition shall be brought and served at the suit of any one or petition for more persons so interested in any lot or lots of land, tene- pending, no ments, or hereditaments, or a petition shall be pending in ested in comCourt for a partition of the same, no person or persons hav-mon in the ing a right or interest in any such lands, tenements or he reditaments, or holding any part or share of the same in common as aforesaid, while such suit or petition is depending, shall or may cut down, destroy or carry away any trees, timber, wood or underwood, stone or ore, or other valuable matter whatsoever, standing, growing or lying on, or belonging to such lands, or shall otherwise hurt or damage any such lands, tenements or hereditaments, until partition can be made of the same according to law; on pain that the person or persons so offending shall incur the like Penalty for so forfeitures, to be recovered in like manner and for such uses as are before mentioned and declared. doing. a real action is SEC. 4. Be it further enacted, That if any person or per- Penalty for desons shall commence and prosecute any action of ejectment, fendants making strip or or other real action, for recovering possession of any lands waste while and real estate, unjustly withheld from him or them by any pending a person, and such person in possession or any other persons gainst him; pending such action, and after the service of the writ therein, shall make strip or waste by cutting, felling or destroying the wood, timber, trees or poles standing or growing on such land sued for; he or they making such strip or waste, shall for every such offence, forfeit and pay to the party aggrieved, treble damages, to be recovered by action in any Court proper to try the same, after the plaintiff or defend- how recoverant has recovered his title and possession of such estate sued ed. for. [Approved March 15, 1821.] All deeds, &c. to be signed, sealed, acknowledged No convey- more than sev be good against any CHAPTER XXXVI. An Act directing the mode of transferring Real Estates by Deed. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That all deeds or other by the grantor Conveyances of any lands, tenements or hereditaments, lyand recorded. ing 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, sale, mortgage or other conveyance in fee simple, en years shall fee tail, or for term of life, or any lease for more than seven years from the making thereof, of any lands, tenements, or but grantor & hereditaments, within this State, shall be good and effectual in law to hold such lands, tenements or hereditaments, recorded. against any other person or persons, but the grantor or grantors, and their heirs only, unless the deed or deeds there of be acknowledged and recorded in manner aforesaid: Mode of prov- Provided nevertheless, That when any grantor or lessor grantor is dead as aforesaid shall go beyond sea, or be removed out of this government, or be dead, before the 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 ing when wit 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. his heirs, unless so ac knowledged & ing deed when or out of State, &c. Mode of prov nesses are also dead. refuses to ac deed, what are to be had SEC. 2. Be it further enacted, That if any grantor or When grantor lessor of any lands, tenements or hereditaments, shall refuse knowledge to acknowledge any deed or other conveyance as aforesaid, proceedings it shall be lawful for such grantee or lessee to leave a copy and the effect of such deed or lease, compared with the original by the thereof. Register, in the Register's office, and such copy so left shall be deemed sufficient caution to all persons against purchas ing 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 noth- Proviso as to ing in this Act shall be construed to bar any widow of any er. vendor or 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. SEC. 3. Be it further enacted, That no title or estate, in fee No estate in simple, fee tail, for term of life, or any lease for more than sev- defeated by en years from the making thereof, of any lands, tenements, any bond of or hereditaments within this State, shall be defeated or in- to any but cumbered 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 ed. his heirs, unless such bond, deed, or other instrument of widows' dow fee, &c. to be defeasance as original party thereto, unless such defeasance is record |