SECTION 1. The governor shall annually appoint a commissioner of the Indian tribe, who shall give bond to the general treasurer, with sufficient surety, in the penal sum of five hundred dollars, for the faithful discharge of the duties of his office. SEC. 2. The commissioner shall continue in office until his successor shall be qualified to act, and shall receive from the state such compensation for his services as the general assembly may, from time to time, allow. SEC. 3. He shall superintend the affairs of the tribe; shall bring, Duty of. in his own name, all actions in behalf of the tribe; shall settle all controversies among its members relating to their estate, real or personal, or to any other matter, subject to an appeal to the general assembly, and shall enforce all laws made for the prevention of the sale of intoxicating liquors among the members of the tribe, and for the protection and security thereof. SEC. 4. He shall, from time to time, report to the general assem- How and what bly the condition of the tribe, and any facts relating thereto which to report. he may deem it material to have brought to the notice of the said general assembly. SEC. 5. He shall bring, in his own name, any action necessary to recover damages from flowage or other trespass, done by any Indian or other person whatever to any land belonging to the tribe, or to any Indian land, the owner of which may be under age, absent, or unknown. Power to sue for injury to Indian land. SEC. 6. He may compromise any such action, and receive the Power over damages for the benefit of whom it may concern. suit. SECTION 1. The general treasurer shall annually pay to the treasurer of the town of Charlestown the sum of two hundred dollars, to be expended, under the direction of some person or persons to be annually appointed by the governor, in the support of a school, and Appropriation for, and how to be expended. Report of expenditure, when and how made. Qualification of teacher in. Indian tribe not included in Charlestown apportionment. the purchase of school-books for the members of the Indian tribe: Provided, that no portion of said appropriation shall be expended, unless the school-house occupied by said tribe shall be put and kept in suitable repair by said Indian tribe. SEC. 2. The person or persons appointed as aforesaid shall, on or before the first Tuesday of May, annually, transmit to the governor an account of the expenditure of said money together with a statement of the condition of said school. SEC. 3. No person shall be employed to keep said school, either as principal or assistant, who has not received a certificate of his qualifications to teach a school from the school committee of the town of Charlestown or other competent authority, in like manner as is required for teachers in other public schools. SEC. 4. In the apportionment of the public money by the commissioner of public schools, and by the school committee of the town of Charlestown, the Indian tribe shall not be included. Penalty for selling liquor within three miles of place of. Who to en SECTION 1. Every person who shall sell any spirituous or intoxicating liquor, or any cider or beer, within three miles of the meetinghouse in which the general meeting of the Indian tribe is held, in the month of August, on any day of such meeting, shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding three months. SEC. 2. The sheriff of the county of Washington shall designate force, and how. one or more of his deputies, who shall attend said meeting during the whole of the time it shall be held, and who shall forthwith arrest any person violating any provision of this chapter, or who may be then and there creating any disorder, either within or without said meeting-house. Limitation of complaint for. SEC. 3. Every complaint for a violation of any of the provisions of this chapter shall be made within thirty days after the offence shall have been committed, and not afterwards. TITLE XXII. OF REAL AND PERSONAL ESTATE, OF THE TITLE TO, CHAPTER 160. Of what is real, and what personal estate, in certain cases. CHAPTER 161. Of estates in real property. CHAPTER 162. Of the conveyance of real estate. CHAPTER 163. Of certain Indian grants, and grants of land by the colonies of New Plymouth, and of the Massachusetts, and of the province of the Massachusetts Bay. CHAPTER 164. Of title by possession. CHAPTER 165. Of mortgages of real and personal property. CHAPTER 167. Of trusts, trustees, and trust estates. CHAPTER 160. OF WHAT IS REAL AND WHAT PERSONAL ESTATE IN CER TAIN CASES. SECTION 1. What machinery, &c., real estate. 2. What, personal estate, and for SECTION 3. Partition of machinery compelled, what purposes. SECTION 1. The water-wheels, steam-engines, boilers, main belts, which first give motion to the shafting, all shafting, whether upright or horizontal, and hangers for the same, except such as are used to drive a special machine, all drums, pulleys, wheels, gearing, steampipes, gas-pipes, and gas fixtures, water pipes and fixtures, kettles and vats set and used in any mechanical or manufacturing establishment, are declared to be real estate, when the same belong to the owner of the real estate to which they are attached. SEC. 2. All other machinery, tools, and apparatus of every description, used and employed in any manufacturing establishment, are declared to be personal estate; and as such shall be considered, in assignments of dower, in attachments, and in all cases whatever, except in the assessment and payment of taxes. What machin ery, &c., real estate. What, personal estate, and for what purposes. Partition of SEC. 3. Partition of the property mentioned in the second section machinery, of this chapter may be compelled between the owners thereof, in the how compelled. same manner as though the same were real estate. Joint tenancy, how must be created. Joint heirs, what. Power of ten ant in tail to vise. SECTION. 1. All gifts, grants, feoffments, devises, and other conveyances of any lands, tenements, and hereditaments, which shall be made to two or more persons, whether they be husband and wife or otherwise, and whether for years, for life, in tail, or in fee, shall be taken, deemed, and adjudged to be estates in common and not in joint tenancy; unless it is or shall be therein expressly said that the grantees, feoffees, or devisees shall have or hold the same lands, tenements, or hereditaments, as joint tenants or in joint tenancy, or to them and the survivors or survivor of them; or unless other words be therein used 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 shall vest and be holden as joint estates, and not as estates in common. SEC. 2. Joint heirs shall be deemed tenants in common. SEC. 3. Any person seized of an estate in fee-tail may convey the same in fee-simple, by his last will and testament, or by deed duly convey and de- executed under his hand and seal, and acknowledged before the supreme court, or any court of common pleas in this state; and such conveyance shall vest an estate in fee-simple in the grantee, his heirs, and assigns, and shall bar the tenant in tail, his heirs, and assigns, and all others who may claim the same in remainder or reversion, expectant upon the determination of such estate tail. Power of non in tail to convey. SEC. 4. Any person, not resident in this state, being seized of an resident tenant estate in fee-tail, situate within this state, may convey the same in feesimple, by deed duly executed under his hand and seal, and acknowledged before some person specially commissioned by the supreme court to take such acknowledgment, according to instructions contained in his commission; and afterwards, upon the return of such commission and deed to said court, certified by such court, under its seal, to be so acknowledged; and such conveyance shall vest an estate in fee-simple in the grantee, his heirs, and assigns, and shall bar the tenant in tail and all others who may claim the same in remainder or reversion, expectant upon the determination of such estate tail. Tenant for life absent, &c., seven years, hastened. SEC. 5. If any person shall be absent from this state for the term of seven years without due proof of his being alive, for whose life remainder, &c., any estate shall be holden by himself or any other person, the person claiming the remainder or reversion of such estate, expectant upon the death of such person so absent as aforesaid, shall and may enter upon such estate and hold the same according to his title, or until such absent person shall return to this state, or due proof shall be made of his being alive. Aliens may hold real estate, &c. SEC. 6. Aliens may take, hold, convey, and transmit title to real estate, and may sue for and recover possession of the same, in the same way, and with the same effect, as if they were native born citizens of the United States. itors, declared void. SECTION 1. Every gift, grant, or conveyance of land, tenements, Conveyances, hereditaments, goods, or chattels, or of any rent, interest, or profit &c., made in out of the same by writing or otherwise, and every note, bill, bond, fraud of credcontract, suit, judgment, or execution, had or made and contrived of fraud, covin, collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, debts, suits, accounts, damages, or just demands of what nature soever, or to deceive or defraud those who shall purchase bona fide the same lands, tenements, hereditaments, goods, or chattels, or any rent, interest, or profit out of them, shall be henceforth deemed and taken as against such person or persons, his, her, or their heirs, successors, executors, administrators, or assigns, and every of them, whose debts, suits, demands, estates, rights, or interests by such guileful and covinous devices and practices as aforesaid shall or may be in any wise injured, disturbed, hindered, delayed, or defrauded, to be clearly and utterly void, any pretence, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding. transfer possession withou livery. SEC. 2. A deed of bargain and sale, of lease and release, covenant What deeds to stand seized to an use, or operating by way of covenant to stand seized to an use, or any other deed signed, sealed, delivered, and acknowledged by the party having good and lawful right and authority to the possession, shall transfer the possession of the bargainor, releasor, grantor, or covenantor, to the bargainee, releasee, grantee, or person entitled to the use of the estate or interest which such person hath or shall have in the use, without livery of seizin, or any other act or ceremony whatever. SEC. 3. No estate of inheritance or freehold, or for a term exceeding one year, in lands or tenements, shall be conveyed from one to another by deed, unless the same be in writing, signed, sealed, and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, notary public, or town clerk, by the party or parties who shall have sealed or delivered it; and if the person conveying the same shall be without this state, in the military Estate of freehold, or over one year, in veyed. land, how con |