The Newhampshire gazetteer — Exeter, N.H., 1792-05-16 00:00:00, page 1

Empowering the superior court
of judicature of this Rate, to
bear & try any causes relpctt
ing or relating to the f&r
tetares of lands within this
state, heretofore granted or
that mayle eatter be grant
ed for non performance of
the conditions of such grants,
to determine and give judg
ment therein, that such for
leisure is,or is not incurred,
and co judge and decree as a
cou t of chancery io certain
of the causes aforefaid.
Faffed Feb. 6. ify
WHEREAS divers grants or charters
of lands in New-Hanpfoire have
been made by the Ju rente executive
power, to per/ow officiating to jettle
and improve Jucb lax 's, or tb indivi
duals applying for such grants, all of
which grants were made on certain
con titans of fettling such lands, or
making certain improvements thereon,
•within a limited time; and Qkertas
tome of the lands fa granted may have
been, or ma, yer be forfeited, "according
to the Jp„it and meaning of the condi
tions contained in, or annexed to /neb
grants or charters, by a non-perfor
mance of Jaid conditions ; and where
as the fame may hereafter take place
refpeding Jimlar grants that maj be
made by this fate on conditions ; and
•whereas the liberty and Safety of the
frbjed require, that lands so granted
jboula not be entered a on and pefftfed,
or re-granted upon mere jogyftions,
•without the intervention of proofs add
trial by jury according to the confits
tion and laws to ascertain the perfor
mance or non-performance of jueb con
ditiets ;
Therefore, ,
n E it evaded by the Senate had Houje
of Representatives in General Court
Evened, That the justices of the fA
periour-coart of judicature of this
state, (hall have full power, jurifaidi
on and authority throughout this state,
to hear, try and determine all causes
and matters that may come before
them touching the force and validity
of any such grants, or the performance
or non-performance of conditions an
nexed to,or contained in any charters
or grants made, or that may be made
as aforefaid, or touching or concer
ning any of the matters aforefaid.
And the ordinary mode of proceed
ing upon the matters aforefaid, in the
said court, (hall be as follows : Upon
complaint made in.writing to the chief
tor one other justice of said fuperiour
court, by the attorney-general, or any
other person empowered by the gene
ral-court, in behalf of the state, that
any person or' persons claiming lands
by virtue of any charter or grant as a
forefaid, have forfeited the fame by a
non-performance of the conditions of
the grant or charter thereof, or upon
a like complaint of any person or per
sons claiming such lands by another
and like grant of the fame, and sug
gestion of such forfeiture as aforefaid,
made in writing as aforefaid, alum
inons (hall issue from said court tested
LAWS of the
State of Newhampshike.
EXETER, (New-Ham^ire) Printed and Published by HENRY RANLET, at Nine Stilling per annum.
Newhampfhire
WEDNESDAY, May 16, 1792.]
An ACT
by the chief, of one Other justice and
signed bv the clerk, founded on said
complaint, requiring the person or
persons against whom it is made, to
appear and anftoer thereto before said
court, it the next term or fefeon of
the fame, in the county where such
land lies, which femmons shall be ser
ved and returned hs the law requires
in civil causes. And in case the com
plaint shall be against a number of
grantees claiming by the fame grant,
each one may appear for himfelf, and
shall have liberty to make his several
plea ; and upon such person or persons
summoned as aforefaid, appearing at
said court in person, or by attorney,
and making his, her or their plea, or
answer to said complaint, denying the
matters therein alledged, or pleading
performance of the conditions of the
grants and putting the issue to the
country, the court shall proceed to
hear and try the cause, and commit it
to jury impanneled and sworn to try
the issue ; who shall make and return
to the said court, their verdift there
on, generally or fpccially, as the fad
to them,on the evidence, shall appear.
And if the person or persons jummon
ed as aforefaid, shall not appear, the
court shall, notwithttanding, hear the
evidence and proofs adduced, and try
the truth of the matters alledged arid
let forth in the complaint, by a jury
as aforefaid. Provided always that
when any person or persons, other than
those employed by and in behalf of
the state, who shall enter complaint,
for prose core any suit infaid court,and
shall not support his title, and obtain
judgment in his favor, costs shall be
taxed for the defendant or defendants
as in other courts. And provided al
so, that said complainant (not being
employed by and in behalf of the Gate)
shall, previous to a summons being
issued, give bond in a reasonable sum,
with sureties to pay all such costs.
2. And be it further enaded, That
when, and so often as the verdift of
the jury in any such case, shall be
that the conditions of the grant have
not been performed, and that the lands
are forfeited, the person or persons a
gainst whom such verdict shall be found
shall have liberty thereupon to shew to
said court their reasons, if any they
have, which shall be in writing, why
said lands, in equity and good consci
ence, should not be forfeited,although
by the rigor of the law, a forfeiture
be incurred ; and said court shall
judge of the fame according to equity
and good conscience. And if on ma
ture deliberation, the court shall judge
the reasons so given, to be fufficient,
they shall briefly recite them in the
judgment rendered, which shall be,in
such case, that such lands in equity
ought not to be, end are not forfeit
ed ; but if no reasons be given, or
those offered be judged inefficient,
the judgment shall be, that said lands
are forfeited for the use of this state,
and if any reasons were given and de
termined to be infaffi^ent, the fame
shall also be briefly recited in thejudg
ment. And the said court fhall,with
in thirty days after said judgment
rendered, transmit the original ver
dift of the jury,figned by the foreman,
after the fame shall have been record
ed; together wih a copy of their
judgment, both attested by the clerk,
and under the seal of the court, to the
feeretary of the state, to be laid before
the general court at their next sessions.
THE
j. And be it further evaded, That
in all cases where the lands found and
declared co be forfeited by vezdid
and judgment tirade, rendered and
ttanfmitted as aforefaid, shall not have
been re granted by the fame authori
ty, such lands shall thereupon be con
fidefred as being immedia ely upon
agd after the proceedings aforefaid,in
the possession of this ftate,without any
adual or formal entry thereon, unless
some person or persons shall be in the
actual possession thereof, and so much
time hath elapsed during such possessi
on as would take awa, fe ehtry of a
private person. _ ,
But in all cases where the lands so
found and Related forfeited as afore
faid, shall be, or have been regranted
as aforefaid, such second or othergran^
tee or grantees, shall have liberty to
appear in laid court, at, and upon the
rendering the judgment of forfeiture
as aforefaid, and by his, her or their
petition of motion, in writing, may
set forth said re-grint, and hi ,her or
their performance of the conditions
of the fame, and pra, the court to
be heard thereupon, and on the mat
ters refpeßing the improvements by
him, her or them made, on said lands,
and the court shall thereupon pro
ceed to hear the fame, and try and
enquire by a jury, or by hearing the
proofs themselves, at the option of
such party, whether said conditions
have been performed by such second
or other grantee or grantees, and
of the improvements by him, her
or them made thereon, and of the va
lue of the fame improvements ; and
upon such performance being found,
and the value of such improvements
being afeertained as aforefaid,the said
court shall as a court of equity or chan
cery, maturely confider, determine &
decree, what to right and equity be
longs, between the state aud such se
cond or other grantee or grantees, ei
ther that the state shall, before hav
ing possession of such lands, pay to
such grantee or grantees, the value of
said improvements, or so much of the
fame as shall be thought reasonable,
considering the circumflances attend
ing the taking out such second or o
ther grant, as well as all other circum
fiances, or that such grantee or gran
tees shall pay the state the value of
said lands, considered as in an uncul
tivated state, or as the fame were be
fore said improvements were made,
and upon such pa, ment shall hold and
have all the title of the state to said
lands, or the decree may be conditi
al, that such grantee or grantees, pay
said value of said lands and keep and
hold the fame as aforefaid, or else re
cei e the value of the improvements
as aforefaid, and deliver possession of
said lands to the state, at the option
of such grantee or grantees.
And whenever it shall be necessary
to ascertain the value of such land,
considered as uncultivated, or as it
was before such improvements made,
the fame shall beinquired of, and de
termined as is herein before direded,
refpeßing the value ° f f " h improve
ments as aforefaid.
4. And be it further baaed, That
the said court shall transmit such
their equitable determination and de
cree in all such cases, together with
the verdifl and judgment of forfeiture
as aforefaid, to the feeretary as afore
faid;any thing herein before to the
contrary nOTtti.hfeding.
Gazetteer.
[Numb. 46 of Volume 6;
8. Aad be it farther enaßed, That
the jurors attending laid court and
trying the matters and causes aforefaid
shall be paid out of the treasury of
the state the fame for travel as jurors
have by law in other civil caufes,and
the foreman the sum of five Shillings,
and each other jaror the sum of four
Shillings per day for and during their
attendance at said court;
~ And be it further enaaed, That id
all cases where a forfeiture shall have
been found and declared by verdict
and judgment made, rendered and
transmitted as aforefaid, of landr
which have not been granted a second
time, if the person or persons who
claimed the fame by virtue of a grant
as aforefaid, shall enter upon or hold
possession thereof after the proceedings
aforefaid, an action shall be brought
by the state for the recovery of th#
possession, unless such lands shall have
been granted by mistake, after pro
ceedings aforefaid being had & while
the fame was in possession of the
state.
9. And be it further evaded. That
the said justices of the said foperiour
court shall have power to issue venire#
for juries to attend said courts,- to try
all causes and matters herein before
directed to be tried by a jury, in the
manner directed by law in civil cases-
And the laid court shall have power
and authority, and power and author
ity is hereby given to the justices of
said court to appoint from time to
j. And it is also enaßed, That the
fame proceedings shall be.had, equit
able or conditional judgment given,
and allowance made for improvements
in all cases where the firft grantees
are parties, cr ahere the re grantees
put in their claim as aforefaid.
6. And be it further enaaed by the
authority aforefaid. That if such gran
tees or re-grantees shall not comply'
with, and fulfil the equitable determi
nation and decree of said court, by
delivering possession of such lands to
the attorney general, or agent for the
state specially appointed with n thir
ty days after being paid the said de
termined value of his, her or their
improvements, and being thereto re
quested jn case the decree shall order
such compensation, or shall not pay to
the said attorney-general, or agent,
within ninety days after such decree
made,and r< quest the determined and
decreed value of said land in its uncul
tiva ed state, cr as it wa- before said
improvements made,or secure the pay
ment thereof in cases where such pay
ment shall be decreed to be made by
such grantee or grantees, then,and io
every such case upon such neglect, the
attorney general or any agent or at
torne, ipecially appointed, may and
shall bring a writ of feire facias in
the fame court, which shall be consi
dered, and shall be a court of chance
ry for that parpofe, to repeal such fe^
cond or other grant or char er, made
without any forfeiture being found by
inquest ; and if the fame shall be re
pealed, the land so re-granted shall be
considered as immediately in possessi
on of the Gate, unless in cases where
the entry efa private person would have
been unlawful, and in such cases an
action shall be brought by the state sos
the recovery of <he possession of said
land,and the state, whensoever it shall
have possession of any lands which
had been before granted may grant
the fame.